LABOUR ACT [Chapter 28:01] (as amended)
receive representations, whether oral or written,
from any interested parties.
(8) If the Retrenchment Board fails to make a
recommendation within the period specified in
subsection (6), the Minister shall require the
Board to forward to him all documents in the
matter and shall, within two weeks, give his
decision in the matter in terms of subsection (9) as
if the Board had made a recommendation in terms
of subsection (6).
(9) The Minister shall consider without delay
any recommendation submitted to him by the
Retrenchment Board and, having regard to the
factors referred to in subsection (11), shall within
two weeks—
(a) approve the proposed retrenchment, subject
to such terms and conditions as he may consider necessary or desirable to impose; or
(b) refuse to approve the proposed retrenchment;
and shall cause the Retrenchment Board, the
works council or employment council, as the case
may be, to notify the employer and employees
concerned in writing of the decision in the matter.
(10) If the Minister does not make a decision
pursuant to subsection (8) or (9) within the time
limits there specified, the proposed retrenchment
shall be deemed to be approved.
(11) In deciding whether or not to approve the
retrenchment of employees in terms of this section,
due regard shall be paid—
(a) to the following general considerations—
(i) that the retrenchment of employees
should be avoided so far as possible,
where this can be done without prejudicing the efficient operation of the undertaking in which the employees
concerned are employed;
(ii) that the consequences of retrenchment
to employees should be mitigated so far
as possible;
(b) to the following considerations in particular
cases—
(i) the reasons put forward for the proposed
retrenchment; and
(ii) the effect of the proposed retrenchment
upon the employees involved, including
their prospects of finding alternative
employment and the terminal benefits to
which they will become entitled.
12D Special measures to avoid
retrenchment
(1) 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 more employees in a six-month period.
(2) Subject to this section, before giving notice
of the intention to retrench any employees in terms
of section twelve C, an employer may agree with
the employees concerned, or with any workers
committee, works council or employment council
which represents the employees, to have recourse
Re-issue
to either or both of the following measures for a
period not exceeding twelve months—
(a) subject to subsection (4), placing the employees on short-time work; or
(b) 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 employment regulations, collective bargaining
agreement or other contract or agreement applicable to the employees concerned.
(4) While an employee is on short-time work
referred to in paragraph (a) of subsection (2), he
shall be paid the hourly equivalent of his weekly or
monthly wage for the hours he has actually
worked:
Provided that an employee shall receive not less
that fifty per centum of his current weekly or
monthly wage, as the case may be.
(5) For the purposes of paragraph (b) of subsection (2), an employer may divide all or any of the
employees concerned into shifts and may—
(a) require each shift to work on alternate halfdays, days, weeks or months:
Provided that no shift shall be without
work for more than one month at a time or
for an aggregate of more than six months in
any period of twelve months;
(b) pay each employee on shift for the hours,
weeks or months he has actually worked.
(6) Before having recourse to any measure referred to in subsection (1), an employer shall give
not less than seven days’ written notice to every
employee affected by the measure.
(7) Any time during which an employee is not
engaged in full-time work as a result of a measure
resorted to in terms of this section shall be regarded as unpaid compulsory leave and shall not be
deemed to interrupt continuity of employment.
13 Wages and benefits upon termination of
employment
(1) Subject to this Act or any regulations made
in terms of this Act, whether any person—
(a) is dismissed from his employment or his
employment is otherwise terminated; or
(b) resigns from his employment; or
(c) is incapacitated from performing his work;
or
(d) dies;
he or his estate, as the case may be, shall be
entitled to the wages and benefits due to him up to
the time of such dismissal, termination, resignation, incapacitation or death, as the case may be,
including benefits with respect to any outstanding
vacation and notice period, medical aid, social
security and any pension, and the employer concerned shall pay such entitlements to such person
or his estate, as the case may be, as soon as reasonably practicable after such event, and failure to
do so shall constitute an unfair labour practice.
(2) Any employer who without the Minister’s
permission withholds or unreasonably delays the
payment of any wages or benefits owed in terms of
subsection (1) shall be guilty of an offence and
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