Absent from work

What happens when a employee is absent from work? What actions must the employer consider when the employee is absent from work? The following article will give you a basic understanding on what to expect and what actions can be taken when an employee does not ‘pitch up’ for work.

It is very important that the employee has to justify his/her absence as well as inform Management prior the starting of the shift. This is to ensure that enough time is given for Management to make arrangements to replace the employee for that shift.

UNCOMMUNICATED ABSENCE:

An employee is obligated to inform the employer of his/her absence before the shift starts to give the employer enough time to make an alternative plan. The employee therefore has to communicate with the employer or any superior at least an hour beforehand. This time duration depends on the company and the logical time required to make these alternative plans. If an employee failed to inform his/her employer, the employee may be disciplined accordingly and in line with the Company’s Code of Conduct.
UNAUTHORISED ABSENCE:
If the employee is absent without any prior permission from his/her employer, it is seen as unauthorised. If the employee does not have a valid excuse that is accepted by Management or proof to justify his/her absence, it is seen as unauthorised. Management has to use discretion in cases where the employee is absent with certain reasons such as family issues, no transport due to unforeseen circumstances, and so forth.

BEING ABSENT FROM WORK DUE TO ILLNESS:

If an employee informs Management in advance that he/she is feeling sick/ill and will not be able to come to work, it will give Management enough time to make alternative arrangements. Evidently is the employee fails, he/she could face disciplinary action. If the employee is absent for more than 2 (two) consecutive days, the employee has to provide a valid doctor’s certificate (letter) to the employer to justify the absence. Should the employee not provide the employer with the doctor’s certificate, he/she may be faced with disciplinary action. If the employee is absent on more than 2 (two) occasions in a 8 (eight) week period, the employee may be requested to provide a valid doctor’s note to justify the absence.
ABSCONDMENT:
Abscondment occurs when an employee is absent from work for more than 3/5 consecutive days without any communication. Upon return of the employee, the employee will be taken for a disciplinary hearing for his/her conduct.
FAQ’S:
  • What if the employee states he/she could not notify Management because he/she has no phone?
  • This is not a valid excuse. The employee has to make a plan to notify his/her employer if he/she can’t come to work.
  • Does an employee have to provide a sick note for being absent for 1 or 2 days?
  • No. If the employee informs Management in advance that he/she is sick and can’t work that day, it will be unlawful to issue him/her a warning. However if the employee alleged that he/she is sick and the Company can prove the contrary, serious disciplinary action can be taken.
  • Do I have to pay an employee who claims he/she was sick for 1 or 2 days?
  • Yes by means of sick leave.
  • Do I have to pay an employee who claims he was sick for more than 2 days?
  • Only if the employee’s absence could be justified by a valid doctor’s certificate. The doctor/medical practitioner has to be registered according to the the Act of Parliament.
  • Can I refuse if the employee asks for permission to be absent the following day?
  • Only if you as the employer can justify the reason to be fair. The employer has to use discretion on the reason of the employee.
Contact us for more information!
Reference: (Government – BCEA 75 of 1997)

WHOLESALE & RETAIL MINIMUM WAGES

Frequently asked questions regarding the Wholesale & Retail Minimum wages

1.Four questions regarding the Wholesale and Retail Minimum Wages:1.What is more important, the sectoral determination minimum wages or the National Minimum wages?

Section 4(6) of the National Minimum Wage Act stipulates that the national minimum wage takes precedence over any contrary provision in any contract, collective agreement, sectoral determination or law.  In other words, the National Minimum Wage Act takes precedent over the current sectoral determination.

2.The National Minimum Wage act is effective from the 1st of January 2019.  However, the Wholesale and Retail minimum wages is expected to become available in February 2019.  Should we wait for the sectoral determination? 

No, it is advisable that minimum wages needs to be paid as from the 1st of January 2019.  However, the Labour Department has given no indication that the Wholesale and Retail minimum wages would be released in February 2019, or even at all in 2019.  Until further notice, as from the 1st of January 2019, all employees (excluding domestic workers and farm workers) may not receive payment below R20 per hour.   

3.What should we do if we have not yet implemented the national minimum wage?

Any employer that has not implemented the national minimum wage runs the risk of being taken to the CCMA, and may be subjected to a fine.

It is advised that such employers inform their employees of their planned implementation of the national minimum wage, and to advise them that there would be back pay upon implementation to the 1st of January 2019.  

4.What should we do if we cannot pay the national minimum wages?

It is advised that you go to the labour department website at www.labour.gov.za, and click on the “National Minimum Wage Exemption” button.  You can register through the website and apply.