Acts Online
GT Shield

Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension of Main Amending Collective Agreement to Non-parties

Chapter Eight : Termination of Employment

42. Lay-off and Suspension

 

(1) An employer shall be entitled to lay off an employee temporarily—
(a) on account of inclement weather: Provided that the employer shall pay the equivalent of two hours' wages for short notice before the lay-off period commences; or
(b) on account of a shortage of materials, due to circumstances beyond the employer's control: Provided that the employer shall pay the equivalent of two hours' wages for short notice before the lay-off period commences;
(c) on account of a temporary shortage of work: Provided that one day's written notice shall be given, and that such notice include the reason for the lay-off and the period of the lay-off: Provided further that the employer shall not be liable to pay the employee any remuneration or employee benefits except as specified above during a lay-off:

 

(2) An employee may be laid off for a continuous period not exceeding 20 working days and if at the end of such period the employer wishes to extend the lay-off period for a further 20 working days the employee shall first be given the option of being retrenched M accordance with the procedure laid down in clause 43: Provided that if the employee opts for the second period of lay-off of 20 working days the employer shall commence the retrenchment procedure laid down in clause 43 not later than 10 working days before the expiry of the second lay-off period: Provided further that employees shall be entitled to apply for unemployment benefits during the period of lay-off.

 

(3) No employer shall unilaterally suspend or temporarily lay off an employee from work for any period as a disciplinary measure.