COVID-19 Corona Virus South African Resource Portal 

What does labour law say about temporary layoffs? (For how long can an employer keep an employee on temporary layoff?)

Our legislation does not prescribe time periods within which temporary layoffs must be applied.

The prevailing circumstances and any agreement achieved with the impacted employees will dictate these time periods. Should the temporary layoffs become indefinite or endure for an unreasonably long period of time, the employer may elect to (permanently) retrench employees, after following the provisions of s189 or s189A of The LRA (as amended).

Employers may not unilaterally change employees’ conditions of employment without first consulting with their employees. However, consultations relating to temporary layoffs is much less onerous than retrenchment consultations, in light of Covid-19 and the resultant National Lockdown. Read more

Last Updated on