( 10) if the Minister does not make a decision pursuant to subsec-tion (8) or (9) within the time limits there
speciised, the proposed retrench-ment shall be deemed to be approved.
(11) In deciding whether or not to approve the ret enc employees in terms of ihis section, due regard shall be
paidto the follow'sng general considerations45
(i) that the retrenchment of employees should be avoided so far as possible, where this can be done without
preju-dicing the efficient operation of the undertaking in which the employees concerned are employed;
; that the consequences of retrenchment to employees should be mitigated so far as possible;
I to the following considerations in particular cases(i) the reasons put forward for the proposed retrenchment; and
~i) the effect of the proposed retrenchment upon the ' :employees involved, including their prospects of find~'ing alternative employment and the terminal benefits to 'which they will become entitled.
'~2D Special measures to avoid retrenchment
(I) Every employer shall ensure that, at the earliest possible` opportunity, his employees are kept informed of
and consulted in regard to any major changes in production, programmes, organisation or technology that are
likely to entail the retrenchment of any group of five or rnore em-ployees in a six-month period.
(2) Subject to this section, before giving notice of the intention to retrench any employees in terms of section
rwelye C, an employer may agree with the employees concerned, or with any workers cornmittee, works council or employment council which represents the employees, to have recourse to either or both of ihe following
measures for a period not exceeding twelve
subject to subsection (4), placing the employees on short-time work; or
instituting a system of shifts as provided in subsection (5).
(3) An agreement entered into in terms of subsection (2) shall have effect notwithstanding anything to the
contrary contained in any employ-ment regulations, collective bargaining agreement or other contract or agree~nt applicable to the employees concerned. z ,
s~
page 14
u. w,s~.;lt RELATIONS AMENDMENT
(4) While an employee is on short-time work referred to in para-graph (a) of subsection (Z), he shall be paid the
houriy equivalent of his weekly or monthly wage for the hours he has actually worked:
Provided that an employee shall receive not less than fifty per r~nrum ~·!' f;is current weekly or monthly wage,
as the case may be.
(5) For the purposes of paragraph (b) of subsection (2), an employer Jivid~ alt or any of the emptoyees
concerned into shifts and may-(a) require each shift to work on alternate half-days, days, weeks Or tn ~~nths:
Provided that no shift shall be wiihout work for more than one month at a time or for an aggregate of more than
six months in any psriod of twelve months;
s;b) pay each employee on shift for the hours. we~ks or mc,nths he has actually worked.
(6) Before having recourse to any measure referred to in subsec-tion (2), an employer shall give nvt less than
seven days' written notice to every employee affected by the measure.
(?) Any time during which an employee is uut engaged in full-time v,an~k as a result of a measure resorted to in
terms of this section shail be regarded as unpaid compulsory teave and shalt not be deemed to interrupt
continuity of employment.".
11 New sections substituted for section 14 of Cap. 28:01
The principal Act i, amended by the repeal of section 14 and thc followina sections"14 Sick leave
( t ) Unless more favourable conditiuns havc been pruvided for in a~iy
L~uploymentcontract,collectivebargainingagreementorenactment,sick leave shall be granted in terms of this
section to an employee who is pre-vented from attending his duties because he is ill or injured or undergoes
medical treatment which was not c~ccnsioned by his failure t~ take reason-:Ihle nrecautions.
(2) buring any one-year period of service of an employee an employer shall, at the request of the employee
supported by a certificate signed by a registered medical practitioner, grant up to ninety days' sick leavc on full
pay.
- (3) If, during any one-year period of service of an employee, the ernployee has used up the maximum period of
sick leave on fuil pay, an emptoyer shall, at t,he request of the employee supported by a certi icate signed by a
registered medical practitioner, grant a further period of up to ninety days' sick leave on half pay where, in the
opinion of the registered medical practitioner signing the certificate, it is probabte that the employee tvill be abte
to resume duty after such further period of sick leave.
(4) lf, during any one-year period of service, the pc~ ,ate periods of sick leave exceed-
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