In March 2020, The World Health Organization declared Covid-19 a global pandemic. The National Institute of Communicable diseases along with private laboratories reported to testing 1476 people for the virus, 51 cases have been confirmed. On 15 March 2020 the Covid-19 virus was declared a state of disaster in terms of section 23(1)(b) and 27(1) of the Disaster Management Act 57 of 2002.

In a state of disaster certain precautions and preventative measures were confirmed to be implemented. Broadly the state will now, to the extent that it is necessary, assist and protect the public; provide relief to the public; protect property; prevent or combat disruption; and deal with the destructive effects of the disaster.

A statement by President Ramaphosa was released on 15 March 2020 stating that we are now dealing with internal transmission of the virus. The rapid response measures decided on by parliament are as follows:

• Limiting the exposure of healthy people to the infected;
• Travel bans to highly infected countries as from 18 March 2020;
• Cancelling visas to foreign visitors from high risk areas, foreign visitors who were in a high risk area in the past 20 days will also be denied a visa;
• South African citizens who were in a high risk country will be subjected to tests and self isolation or quarantine on return to South Africa;
• All travellers to high risk countries since mid-February must make themselves available for screening;
• Shutting down 35 of the 53 land ports and 2 of the 8 sea ports; and
• Gatherings of more than 100 people are prohibited.

The President further stated that the virus will have a significant impact on the economy. Since the outbreak of Covid-19 there has been global economic instability, our international export had substantially declined and we have experienced a rapid decline in our international tourism.
Due to the measures to be implimented which will have a massive impact on production, job retention and job creation, it is expected that the economy will decline even more.

The cabinet is currently in the process of finalising interventions to combat the effects of the virus on our economy.

Up to the 16 March 2020 there has been no emergency amendments made to any workplace law rules, regulations, statutes or policies.
In light of the above, there is no distinction made between Coronavirus and any other ill health matters.

Although no formal distinction is made with reference to sick leave and medical certificates, the Occupational Health and Safety Act 85 of 1993 obligates an employer to keep the workplace reasonably healthy and safe. This places the duty on the employer to inhibit the spread of the virus in the workplace as far as is reasonably possible. It is imperative that all employers should immediately define general guidelines for regulating and minimising the effect of the coronavirus within the workplace.

Companies should adopt appropriate practices to ensure that all employees are protected through positive measures to combat the spread of the virus and that employees may continue to work in a safe and productive environment for as long as possible.

It is clear that there is a high risk of infection in the workplace all necessary precautionary actions must be implemented as soon as is reasonably possible.

Employees who have tested positive for the virus may not be summarily dismissed due to that fact. If the employee is unable to continue working or to continue to render his/her services satisfactorily, a health investigation may be conducted and subsequently the necessary possible action may follow to terminate the employment relationship.
The World Health Organisation Self-quarantine for a minimum of 14 days. In the event that an employee is under self-quarantine, a medical certificate must still be issued to the Company for it to qualify as sick leave, if all of the employee’s sick leave has been used, the employee may be placed on paid leave or unpaid leave, depending on the individual circumstances of each case.

Should the employer request the quarantine of an employee, the employee must be paid for the days of quarantine.

Should the employer suspect that an employee or anyone else has the virus, kindly contact the Coronavirus hotline at: 080 002 9999.

Labour Direct suggests the following guidelines as baseline practice to mitigate the spread of the virus:

• Wash your hands with soap and warm water;
• Use hand sanitizer containing at least 60% alcohol;
• Cover your mouth with a flexed elbow when sneezing or coughing;
• Avoid contact with people who are experiencing flu-like simptoms;
• Avoid crowded places and mass gatherings;
• Avoid handshakes and hugs.

Labour Direct recommends the following solutions, should you wish to close your business and/or limit your operating hours:

1.   Lay-off:

A temporary lay-off means that employment is suspended for a certain time period due to a lack of business operations. Furthermore, the employees are entitled to seek alternative employment during this time period, however will remain under continued employment of the Company, unless the employee choses to resign.

Once the business is operational again, employment will continue as per normal in terms of duties and remuneration.

2.   Operational requirements:

Operational requirements is a process whereby the employer considers dismissing one or more employees based on the Employer’s operational needs.

Operational requirements include economic, technological and/or structural needs of the business. For example, the Employer may wish to restructure the business or find positions redundant.

In general, the procedure for operational requirements for a small-scale retrenchment consists of a minimum of 2 meetings. These meetings must be done within a reasonable time and we suggest that you allow a period of three weeks to complete same. Please note that should there be a Union in the workplace, this process will exceed three weeks.

3.   Short time:

Placing the employees on short time is used when there is a limited amount of incoming work. Employees may then be placed on a short time resulting in the reduction in working hours per week/month.

The employees must attend a consultation meeting in order to discuss the change to the terms and conditions of their employment, whereafter they will receive a notice confirming the new working arrangement.

This is a temporary solution.

In the event that you wish to proceed with the above processes, kindly contact Labour Direct for professional advice.