Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

National Bargaining Council for the Electrical Industry of South Africa

Extension to Non-parties of the Main Collective Agreement

Part l: Scope of Application, Definitions and General Terms and Conditions of Employment

Clause 12 - Lay-Off
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(a)An employer shall be entitled to lay off an employee temporarily—
(i)On account of shortage of materials, due to circumstances beyond the control of the employer. Provided that the employer gives his employees two clear working days' notice of his intention to lay them off.
(ii)On account of temporary shortage of work: Provided that the employer gives his employees two clear working days' notice of his intention to lay them off.
(iii)On account of inclement weather as provided for in terms of Clause 13 of this Agreement.
(iv)On account of any unforeseen contingencies and circumstances beyond the control of the employer.
(v)The employer shall within seven working days of commencement of the lay off period notify the Council and any representative trade union if its members are affected, thereof in writing. Provided further that the employer shall not be liable to pay the employees any remuneration during a lay-off except as specified below.
(vi)Any public holiday falling on any normal working day during the period of lay-off shall be paid in terms of Clause 25 of this Agreement.

 

(b)If the employer advises the employee on the working day immediately preceding the day on which he is not required to attend or if unforeseen contingencies and/or circumstances beyond the control of the employer in the event of the foregoing circumstances arise, the employer shall not be required to pay wages to his employees, except for the periods actually worked.

 

(c)Where the employee is expressly required by the employer to report at the establishment on any one day for the purpose of ascertaining if work shall be available, he shall receive not less than four hours' work or pay in lieu thereof, in respect of such day.

 

(d)in the event the lay-off is likely to exceed 8 weeks, the employer shall enter into consultations with the affected employee and/or the employee's representative trade union within 6 weeks of the commencement of the lay-off in order to seek alternatives to continued lay-off.

 

(e)Notwithstanding the provisions of Clause 36 (2), employees on lay-off may engage in any other employment for remuneration during the duration of the lay-off. Notwithstanding the provisions of Clause 36 (3), other employers in the industry may employ such laid off employees.

 

(f) Should an employee on lay-off not return to employment within 4 working days of the due date, the employee shall be deemed to have terminated employment with the employer, unless the absence is due to a disabling reason.

 

(g)Should an employee find alternative employment during any lay-off period, he must inform the employer within 3 working days of finding such employment.