COVID-19 : MAY MY EMPLOYER UNILATERALLY MAKE ME TAKE MY ANNUAL LEAVE DURING THE LOCKDOWN PERIOD?

The quick answer to this question is YES.

The Basic Conditions of Employment Act (BCEA) sets out the provisions relating to employees taking annual leave. Section 20 (10) of the BCEA sets out the following:

“Annual leave must be taken—

  • in accordance with an agreement between the employer and employee; or
  • if there is no agreement in terms of paragraph (a), at a time determined by the employer in accordance with this section.”

The fact that many businesses are not in a position to work as normal creates a situation which is directly linked to the businesses’ operational requirements. Based on section 20(10) of the BCEA, the company may consider the operational requirements of the business during this time and place non-productive employees on annual leave.

For assistance, phone Tracey Mouton at Goldberg & de Villiers Inc on 082 898 7841 | email traceym@goldlaw.co.za

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