Wages and compulsory leave during Covid-19 lockdown

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There has been a lot of confusion about wage and leave issues arising out of the lockdown. We are governed by our labour legislation, says Michael Bagraim.

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First, there has been confusion about the payment of wages where employees have been ordered to remain at home. The question arises as to whether the employees are entitled to be paid. Second, may the employer place the employees on paid leave during the lockdown period?

The reality is that the employee is entitled to be paid in exchange for hours worked. If the hours are not worked, there would be no legal claim for a wage or a salary. It is therefore clear that if there is no agreement about the leave to be taken, then the employer will make a decision as to when paid leave must be taken.

To sum up: employees are not entitled, by law, to be paid during the lockdown period if they are not working, and the employer may unilaterally place the employee on paid leave if there is paid leave available to that employee.

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