Page 39 - DRG HR HANDBOOK- Nikita Pillay
P. 39
SHORT-TIME: AN ALTERNATIVE TO
RETRENCHMENT
n terms of Section 189 of the Labour Relations CONSULTATION AND AGREEMENTS –
Act when an employer contemplates dismissing RELEVANT DOCUMENTS:
I one or more employees for reasons based on the
All consultations need to be documented and
employer’s operational requirements, the employer
minuted.
must first consider alternatives to retrenchment.
Each set of minutes must be signed by all
The introduction of short time constitutes a change in
employees, and all other parties present.
the terms and conditions of employment.
You would need to maintain a register of the
Such a change cannot be implemented unilaterally.
employees that are present at each consultation
An employer wishing to institute short time must
meeting.
first try to obtain the employees’ consent to such
Upon agreement on the short-time, the minutes
change. If the employees will not agree to the change
should be signed by each individual employee.
it may be necessary to embark on a retrenchment
The employer must give employees official written
procedure and then offer short time as an alternative
notice, or post to the notice board, of the short time
to retrenchment.
commencement date.
In terms of the Contract of Employment, the employee
undertakes to put a certain of his time at the disposal DRAWBACKS TO LENGTHY PERIODS OF
of the employer and the employer in turn is obliged to SHORT TIME
pay an agreed wage for such time.
The biggest drawback to lengthy periods of short time
By proposing short time, the employer is proposing to
is that employees become demotivated, often resulting
change the terms and conditions of employment.
in the best employees leaving.
This must be done by consultation and negotiation.
Others may deliberately work slowly and drag out
jobs in the belief that this will enhance their job
ISSUES FOR NEGOTIATION AND
security. In other words, productivity is negatively
CONSULTATION WILL INCLUDE:
impacted – a job that should be done in a day can
The reasons for short time working take 2 or 3 days.
When short time will commence Employee attitudes during short time work and the
numbers actually on site can also impact on safety
When it is likely to end (often difficult to
(i.e. in the absence of a sick employee the remaining
determine)
employees may be at risk because there is not sufficient
The amount of short time (i.e. days/weeks
cover).
employees will not work/not be paid)
Sometimes employees take up other employment or
Alternatives to short time
do private jobs (effectively starting a business) during
Who will work short time and/or an even spread of
the short time. When business returns to normal, the
short time over the entire work force
employees may not want to give up the extra income
What criteria were used in the selection, if it does (especially if their private jobs paid well). This can
not include all staff lead to conflicts of interest when employees
fail to declare their other work interests.
What will happen to existing conditions of service
during short time (provident fund contributions, Occurrences of theft, sick leave are likely
medical aid, etc.) to increase. 39
