National Lockdown – What Now? – 2nd Update

As we approach the cut-off date for the Lockdown, we have been inundated with calls relating to strategy and steps to be taken going forward.

While we still await a formal communication from Government as to the list of Essential Services to be applicable during the Lockdown, notes should be made of the following:

1. The CCMA Essential Services List which relates to Application of the Labour Relations Act, 1995 and does not necessarily constitute an Essential Services List under the Disaster Management Act, 2002, however should be a good indication of what could be deemed as Essential Services during the Lockdown.
2. Several Letters have been doing the rounds as relates to Landlords not being allowed to claim Rents and/or A list of persons who may qualify for Permits under Essential Services. Those that have been seen by myself have been determined to be fakes.

Companies who are Essential Services will be required to provide Employees with proof of their involvement in such Essential Services. Such Proof should, ideally, include a photographic ID of the Employee along with details on a Company Letterhead specifying the need for the Employee to attend to his/her duties as an Essential Services Employee.

Regulations and Clarity on what constitutes proof has not been made generally available and until such a time, necessary preparations need to be made.

Furthermore, earlier Today the Minister of Labour made certain statements relating to the application of Annual Leave during the Lockdown. While we may disagree with his interpretation, it should be noted that he sought to answer on a broader spectrum than what was actually stated and for that reason we wish to reiterate the following:

1. During the Annual Shutdown, Companies who cannot pay Salaries may request assistance under TERS, this does not guarantee assistance and neither does it entitle all Employers to this relief.
2. Should Companies wish to allow their Employee’s to take Annual Leave in lieu of the Lockdown, that should be well documented and Employees should be given the option to apply for Annual Leave or, failing that, be placed on unpaid leave with the right of claiming assistance under the UIF.
3. We note that it is unlikely that such financial assistance will be granted timeously and for that reason each Employer must assess the facts relating to their individual businesses to find a solution. We are still available and willing to assist in this regard.

Following further Communications from the CCMA (Attached Hereto), they have indicated further steps from the CCMA during the Lockdown as well as a handy summary of how benefits can be claimed via TERS and UIF.