‘Labour minister's plea to employers: Don't shift 'burden' of coronavirus onto workers’ 31 March 2020

Employees being forced to work during the 21-day lockdown even though they are not regarded as essential service providers, can report their employers to the SA Police Service, Employment and Labour Minister Thulas Nxesi has said. The minister was speaking at an inter-ministerial task team briefing on Covid-19 on Tuesday. Nxesi spoke specifically on leave arrangements and UIF payments as well as labour inspections to ensure essential service providers are adhering to safety regulations as they continue operations during this time. The department had received 349 complaints on Friday and 234 more complaints on Monday about non-compliant employers.

Nxesi said that some employers are shifting the burden of the lockdown on workers, when provisions have been made by the Unemployment Insurance Fund to cover costs associated with this "unique situation". "It is irresponsible of employers not to take an option which is going to cushion them and cushion their workers," he said. Some essential businesses were operating without giving employees the required protective equipment in order to adhere to safety requirements during this time. He said labour inspectors were following up on complaints in Gauteng, the Western Cape and KwaZulu-Natal.

…The department has also received complaints from some labourers that employers have been requesting that they use their annual leave as a first response to the lockdown. While employers are entitled to request this of their employees, the department has encouraged employers to instead get financial assistance through the Covid-19 Temporary Employer/Employee Relief Scheme (TERS), in cases where they cannot afford to pay employees. "We are also getting complaints from workers that their employers have instructed them to take unpaid leave during lockdown," said Nxesi. "We understand employers can negotiate with employees to take leave anytime deem fit. However, this is a unique situation – which requires all of us to act in a manner that promotes social solidarity," he added.