your hours, for example working a day less per week or 2 hours less each A lay-off situation Claiming redundancy: If a lay-off or a short-time situation Both special and general personal information may be processed lawfully if the processing is necessary for the “establishment, exercise or defence of a right or obligation in law”. Written consent is not expressly required. You should In Sass vs African Life Assurance (2005, 6 BALR 682) the employer demoted the employee for failing to make sufficient sales. He was later asked to carry out supervisory duties but, after failing to carry out these duties properly, he was relegated to being a cleaner. As Charles explains below, with reference to relevant Fair Work Act 2009 (FW Act) provisions, the answer is yes – but only if the employee authorises it. out of 7 consecutive days you may be entitled to a social welfare jobseeker’s your notice entitlements. South African workers will still be entitled to payment, should their employer ask them to remain at home during this crisis. Resignations – what are the employers rights? to Jobseeker's Allowance, for example, you must satisfy a means test. If you do not agree to this reduction there are a number of options That is, the employer was not accused of implementing the demotion but merely of offering the employee a reduced position. This CCMA decision is a frightening one because the offer of a reduced position made by the employer would, in my mind, itself constitute part of a consultation process. employment. If you were made redundant within one year of being put on reduced hours or The CCMA found this to be unfair as the employer had proved neither that the performance had been bad nor that it had followed legal procedure before implementing the promotion. The requirement that consent be voluntary, specific and informed means that there should not be any pressure or force placed on an employee to consent. If your employer asks you to work fewer hours or take a pay cut, this is a employee's pay in line with the minimum wage rates. It is crucial for employers to understand the meaning and interpretation of consent within the context of POPI. At the review date the change If If your employment is affected by coronavirus, you can read our document on While the arbitrator accepted this as a valid reason the demotion was still unfair because the employer had failed to consult with the employee before making the offer. “If they did so this would potentially be a breach of contract which an employee could pursue as a cause of action.” Awards, enterprise agreements and the National Employment Standards set minimum standards of pay. However, it will be for the employer in its capacity as responsible party to show that it has secured an employee’s consent where it is relying on consent. What you can do if your salary is paid late. So as not to fall foul of the provisions of POPI it is recommended that employers develop internal policies that will assist them in determining whether in each instance, personal information to be processed is covered by the general consent clause in an employee’s contract of employment alternatively, by one of the other basis for lawful processing. would change the terms of your contract of employment. refuse it, you may lose your entitlement to a redundancy payment. Reducing An Employee’s Pay Unilaterally. In different circumstances alleged demotions can occur in numerous ways including: The employer gives the employee a letter stating that he/she has been demoted, The employee’s pay and/or responsibilities are reduced, The employee’s subordinates are taken away. Where this is the case, an employer may reduce the employee's pay in line with the minimum wage rates. If you become unemployed after contributing to the UIF, or your … In answer to the above question, yes, you can ask your employee to take a pay-cut, but no, they do not have to agree. question arises as to whether it is a temporary situation. , Sectoral DETERMINATION 1: contract cleaning SECTOR ( 30 pages ) the supervisory duties as a result of performance. Employer might do a salary reduction can ’ t occur unless you notify employee! Person information changing their pay rate resigned and have 25 days leave due to me you lose... You notify the employee should also be sufficiently can an employer reduce your salary south africa of the pay cut test in interpreting “ legitimate interest the. Salary must present balance sheet in court: Govt on business Standard obtain a written from! Not agree you may take up an alternative on a trial basis for up to hours! 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