Durban - To pay during load shedding or not to pay during load shedding ... that is the question, or is it? As the country continues to experience rolling blackouts, should employers pay out full salaries to their staff? The answer, according to the National Employers Association of South Africa (Neasa), is yes.
Neasa explained that although employers generally carry the burden of paying wages, despite load shedding, this issue has now escalated to a point where it may no longer be feasible. This gives rise to the question of how to manage employees and the payment of their wages when they are not able to perform their duties due to load shedding.
"The basic principle of an employment contract is that, as long as an employee tenders his or her services, he or she must be paid. The employee is complying with his or her contractual obligations by being available to work; the fact that the employer cannot provide work may not be laid at the feet of the employee, and employers will, therefore, be obligated to comply with their contractual payment obligations," Neasa explained.
However, the association said employers do have recourse as some contracts of employment and certain bargaining council agreements, already contain a provision catering for this occurrence and should be consulted for procedural purposes.
"The contractual terms and conditions of employment of an employee can also be amended to cater for the current situation. This must be done in line with legislative requirements. Utilising these mechanisms requires specialised knowledge, as they all come with prescribed requirements and some element of risk," Neasa added.
IOL