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 - 15 - 1st May 2003-