[Please take note that this is merely an example that can be used by an Employer in respect of Employee’s working from home due to the COVID-19 Virus. Please take note that Invictus Group (Pty) Ltd will not be liable in any way in connection with the usuage thereof, and the use thereof is strictly at your own risk.]
RESTRICTING ACCESS IN THE WOKPLACE IN RESPECT OF COVID-19 & TERMS AND CONDITIONS WHILST WORKING FROM HOME
EFFECTIVE: [INSERT EFFECTIVE AND END DATE]
The Company wishes to maintain a working environment which is safe, healthy, and free from risks as far as possible and to try and avoid the spread of the COVID-19 Virus.
Employees who contract COVID-19 may take from 1 to 14 days to develop symptoms. Irrespective of whether an employee has recently travelled to a COVID-19 affected area or has been in contact with an individual who has tested positive for the Virus, each employee must still inform his/her healthcare provider if they present the symptoms of COVID-19.
In light of the above and in terms of the Occupational Health and Safety Act, as well as the recent communication from our President, the The Company has taken the decision for all employees of the company with the exception of / without exception to work from home with immediate effect.
Terms and Conditions whilst Working from Home
The employee’s working environment at home must be safe and hazard-free and the employee must have a secure telephone line or cell phone to utilise for business purposes and that the employee must be equipped with a Wi-Fi connection or internet connection to enable him/her to perform their duties adequately. The employee must further remain within travelling distance from their residence to the office during business hours.
Employees are reminded that by working from home for purposes of restricting access in the workplace does in no way mean that the employee is on sick leave or annual leave and will be expected to perform the following functions during working hours:
perform all such duties and exercise all such powers in relation to the business of the company as the employee usually performs on a daily basis and as may be assigned to him/her by the company;
comply with all directives given to him/her by the company and with all rules and regulations from time to time laid down by the company concerning its employees;
abide by bone fide work practices in his relationship with the company and/or its client;
devote the whole of his/her time, attention and abilities during business hours to the discharge of his/her duties whilst working from home as per this Policy;
use his/her best endeavours properly to perform his/her duties whilst protecting and preserving the business interest, reputation and goodwill of the company and carry out his/her duties in a proper, loyal and efficient manner;
not incite or attempt to induce any other employee of the company to partake in any form of industrial or collective action considered by the common law or legislation applicable from time to time to be prohibited, unfair or unlawful. Employees record that they commit themselves to industrial peace in the company’s business;
be prepared to subject themselves to searches or any other investigations carried out by the company, in respect of issues relating to safety, security, discipline and loss control;
be available at any time during working hours (08h00 to 17h00) should the company need you to attend meetings/consultations or attend the office;
be available telephonically at all times during working hours (08h00 to 17h00), with the exception of a lunch hour which time is to be confirmed with your Manager.
Every employee is to keep a timesheet indicating what work they did during a particular work day, staring with the first day of working from home in terms of this Policy.
Should an employee not have the equipment to work from home, it is the employee’s responsibility to inform his/her manager before the close of business of the first day this policy comes into effect.
Should an Employee be placed under Quarantine
In the event that an employee has visited a high-risk area or been in contact with an individual who has tested positive and chooses to quarantine themselves without a Doctor’s note, the employee may apply for annual leave during this period.
In the event that a family member of the employee or a person residing with the employee is tested positive for COVID-19, the employee must inform the company immediately and get medical treatment and get tested immediately if possible. Under these circumstances, the employee will not be allowed back at work until they have been cleared by a registered medical practitioner. Should this Policy no longer be in force, arrangements should be made to work from home until the employee is medically cleared.
If an employee has to take care of a family member who has contracted the virus, family responsibility leave will apply as per its definition in the BCEA or an employee may apply for annual leave.
Consequence of breach
If an employee breaches this policy, The Company reserves its right to take the necessary disciplinary action, which may result in a dismissal.
Employees are reminded that each working day is regarded as a normal working day and are required to abide by the company’s policies and procedures at all times.
Employees are advised that the company’s sick leave policy will not be adjusted or become flexible during the outbreak of COVID-19. The normal sick leave policy which is in line with Labour Law will still apply.
Possible New Daily Rate – KPA’s not met
The Companymay engage with the employee regarding certain KPA’s which cannot be met by working from home which is at no fault on part of the Company. The Parties hereby agree that a new daily rate can be negotiated for the time period during which this Policy is in force.
COVID-19 AND THE IMPLICATIONS FOR EMPLOYEES IN RESPECT OF LEAVE
Employees who have available sick leave, and are booked off by a medical practitioner, shall be granted sick leave for any period of absence for which they have a valid sick note.
Should a business be forced to close for any period of time in relation to the pandemic, employees will be placed on an unpaid layoff agreement.
It is important to note that there is no provision for “special leave” within the Basic Conditions of Employment Act 75 of 1997, and accordingly employees cannot claim any such leave in times of a crisis/pandemic.
Important General Information that needs to be complied with by all Employees within the Office and at Home:
All health advice issued by the Department of Health and the National Institute of Communicable Diseases should be taken into account as far as reasonably possibly;
All employees are required to wash their hands and shall furthermore wash/sanitise their hands after touching doors, handles, windows, or lifts. Hands should be washed for at least 20 seconds;
Employees are to refrain from greetings that involve physical contact such as shaking hands, hugging, or kissing one another, and/or clients;
Employees are to use hand sanitizers to minimise the spread of germs;
In so far as possible, employee’s should not cough or sneeze in public places. Should this not be possible, an employee shall be expected to cough, sneeze into their elbow crease, and immediately thereafter clean any infected areas thoroughly;
Employees are expected to wipe down their individual workstations regularly;
Employees shall not share equipment such as phones, pens, crockery or cutlery, or access cards. Equipment should be sanitised regularly by the employee;
Should an employee experience symptoms such as coughing, sneezing, shortness of breath, fever, or any other symptom associated with the Covid-19 virus as determined by the World Health Organisation, they are directed to urgently advise Invictus of same, and contact the Covid-19 Hotline on 0800029999;
Employees will be expected to comply fully with any safety measures put in from time to time by the company;
Should an employee not be able to attend work or perform their duties during this period due to sickness, a medical note will be required to be presented booking the employee off for the period of absence. Any time off taken by the employee where a doctor has not booked them off shall not count as sick leave.
It is the employee’s responsibility to contact management should he/she have any queries.
I, ________________________________________, (employee number/ ID number) hereby agree that I have read and understood the contents of this policy and agree to comply with the provisions of this policy.
HEAD OFFICE – JHB
Ground Floor, Wrigley Field Building, The Campus
57 Sloane street Bryanston, 2021
T: 0861 737 263 • F: 0861 737 239
PO Box 1127, Cresta, 2118
Reg. No: 2001/006142/07 • VAT No: 4340198607
BRANCHES: JOHANNESBURG T: 0861 737-263 CAPE TOWN T: 082 569-0803 DURBAN T: 071 352 6834 PRETORIA T: 071 604-9112
Directors: DS Krynauw (CEO) • P McDermott