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It was storming and this is felt in the employment relationship
It is storming and this is felt in the employment relationship
SD Worx Knowledge Centre
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You will no doubt be aware that on Friday 18 February, an unprecedented storm ravaged our country.
Schools closed their doors unexpectedly and sent students home early. Rail traffic was partially shut down. The way home from work could have become very dangerous. And we haven't even mentioned the material damage that may have occurred.
What can the employer and employees arrange to ensure everything runs smoothly (and safely) in such a situation?
• Closing schools and childcare facilities
If an employee cannot arrange childcare for their children and have to pick them up, they are
entitled to a guaranteed daily salary for the working hours lost.
• Getting home safely
Employees who fear that they will not be able to get home safely due to trains being cancelled or because of dangers on the road may, in consultation with the employer, go home earlier, thereby taking paid or unpaid leave or recuperation. They can also agree to make up any working hours lost at a later date.
• Damage to property
Those who are informed that there is material damage to their property and cannot therefore continue their work are entitled to a guaranteed daily wage for the working hours lost.
For the following days, when their presence at home is required, they may invoke leave for compelling reasons (maximum of 10 days). This is an entitlement to absence without retention of salary. Sectoral arrangements may, however, provide for payment.
• Work cannot be continued due to bad weather
Naturally, there may be situations in which the work cannot continue due to bad weather. Those who have gone to work normally and are unable to continue their work due to the storm are entitled to guaranteed daily pay (incomplete working day).
This is an exceptional situation in which the parties are best advised to seek practical solutions in consultation with each other.
SD Worx Social/Legal News March 2022 Page 23
