Refresher Guidelines for Restaurants – Adjusted Level 4 Lockdown

President Cyril Ramaphosa has announced that South Africa will move to an adjusted Level 4 Lockdown as the country struggles against the third wave of Covid-19 infections.

With restaurants only being allowed to sell food for take-aways and delivery, and the sale of alcohol being prohibited, there will be a large portion of staff whose services will not be required for the period 28 June until 11 July 2021, and potentially after 11 July 2021 dependent on further developments. 

Invictus would like to remind restaurant owners of the following options that are available to them:

  • “Automatic layoffs”

Employers are within their right to implement an automatic layoff in respect of their employees who are not able to render services due to the adjusted Level 4 lockdown regulations. The principle of no work no pay would apply during the layoff period. Employers are advised to claim from the TERS fund or the UIF for the period of the layoff.

It is not required to have consultations and employees are not required to sign an agreement in acceptance of the terms of such layoff.

  • “Short time”

Employers may implement reduced working hours in respect of their remaining staff compliment. In this regard the employer may establish the amount of shifts and/or hours needed to be worked by each of their staff. Employers are advised to ensure principles of fairness are exercised and that the amount of work is equally distributed amongst staff members. Performance and favouritism are not valid reasons for allowing certain members of staff to work more hours than others.

Employers are advised to claim from the TERS fund or the UIF to supplement the income employees have lost as a result of working reduced hours and/or shifts.

  • “Reduction in salaries and/or others terms and conditions”

Employers are cautioned not to make any unilateral changes to the terms and conditions of employment.

Any change to the salary, benefits or any other term and condition of employment must at all times follow only after proper consultation and agreement by the affected employee and/or Trade Union, or alternatively in terms of a valid and standing exemption granted in terms of the law.

Employers are reminded that Invictus Group will operate as normal during this time and that we are available for further assistance and guidance.

Employers are welcome to contact our call centre on 0861 737 263 or alternatively speak to their account manager for further assistance.

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