2020-06-01

Level 3: Q&A

Can all employees return to work?

Yes

MUST all employees return to work?

No.  It depends on your operational requirements.  You may still have employees on lay-off short time and working from home.

Must employees still work from home?

Yes, if it is possible.  If not – they must come to work.

Must people over 60 and/or worth comorbidities stay at home?

No, but it is better if they do.  If they have to come to work, there must be increased COVID-19 provisions made.

Must I pay employees who must stay at home, but who cannot work at home?

No.

Must a work from home employee be paid in full?

Yes, if they are working full time.  If they are working two days a week, they are paid for two days a week.

Do employees need permits to travel to work and back home?

No.

Do employees need permits to travel between provinces and metropolitan areas for work purposes?

Yes.  Use the form used under Level 4.  Travel between the provinces, metropolitan areas, districts and hotspots is not permitted, unless for work.  The gazette has not issued a new form, and a permit may not be required – but it’s better to be safe than sorry.

Must employees return to work if instructed to do so?

No. Employees can refuse to return to work in Level 3 if they have a “reasonable belief” their employers have not put in place required COVID-19 precautions (Employment and Labour Minister Thulas Nxesi)

Can employees be disciplined if they refuse to come to work because the precautions are not in place?

No.

Must employees be paid if they refuse to come to work because precautions are not in place?

No.

Can they benefit from UIF or TERS?

No.  They’re not laid off, or on short time – they are electing to not work.

Is TERS open?

Yes: https://uifecc.labour.gov.za/covid19/

Can I apply to TERS for May?

Yes: https://uifecc.labour.gov.za/covid19/

Can I retrench during Level 3?

Yes, but it’s a process you need to call us to help – it’s not that simple.

Can I discipline, and even dismiss in lockdown?

Yes.

Which workplace rules change in Lockdown?

None, other than those related to COVID-19 and its precautions.

Can I deduct the cost of CoVID-19 precautions from employees’ wages or salaries?

No.

Which businesses are not open?

Restaurants, on-site consumption of liquor, short-term home rental, domestic passenger air travel and passenger ships for leisure, conferences, events, personal care services, some public transport and education services, tourist attractions, casinos and entertainment activities.

Is it business as usual?

No.  Employers must apply social distancing as much as possible, including staggered start and end times, shifts, work from home, etc.

Are the rules the same for all companies?

No.

• More than 100 employees must achieve social distancing and limit congestion minimize the number of employees in the workplace at any given time.

• More than 500 employees in the construction, manufacturing, business and financial must make arrangements that address: transport of employees to and from work; the staggered return of employees to the workplace, workplace readiness, avoid congestion, screen employees daily for symptoms of COVID-19 and testing where necessary, and submit screening and testing data to the Director General of Health.

• All other employers still have the to return to work under COVID-19 rules and protocols.

• Sector specific proposals may be compiled.

Do I still need a COVID-19 compliance officer?

Yes

Can I fly internationally?

No

Can I fly locally?

Yes, but only for business purposes.

Which airports are open?

OR Tambo, King Shaka and Cape Town. Lanseria will be permitted later in Level 3.

What about accommodation for business travelers?

Accommodation may open for business travelers.

Is there still a curfew?

No

Are the bottle stores open?

Yes. 09h00-17h00 from Monday to Thursday.

Is access to the bottle stores determined by your name, in alphabetical order.

No

Can alcohol be bought and delivered online?

Yes.

Can you drink alcohol where you buy it?

No.

What about cigarettes and tobacco products?

No.

When can I exercise?

Between 06h00 and 18h00, but not in groups.

Can domestic workers return to work?

Yes, but workplace safety protocols apply to the home to.

Travelling to school.

Only Grade 7 and Grade 12 learner and students may attend schools and higher learning institutions.  They need permits from their school to do so. Anyone who transports a student or learner must also have a permit issued by the head of the school or university.

Can parents move children in co-parenting agreements?

Yes, but you need either a court order, the co-parenting agreement from the family advocate, or a magistrate’s permit.

Can I move homes?

Yes, with an affidavit.

Can I move to care for family member?

Yes, with an affidavit.

Do we still need to wear face masks?

Yes.

Can I meet with friends and family?

No. The groups of people permitted are for professional, non-contact sports, workplace purposes, funerals, agricultural auctions, and faith-based serervices.  There is still a limit of 50 people at such gatherings.

Can I go to my place of worship?

Yes, but a maximum of 50 people, with face masks and maintain social distance. Places of worship must also be properly cleaned and sanitized after every service.

Who can travel between provinces, metropolitan areas and districts to attend funeral?

Spouses, partners, children, grandparents, children-in-law, parents, siblings and grandparents, all of whom need a permit from magistrate’s office or police station.

Can I be evicted?

No. A court can grant a conviction order if it can be stayed and suspended until the last day of the Alert Level 3 period, unless it is just and equitable not to.

Can I visit people in correctional centre, detention facilities, police holding cells, military detention facilities?

No.

Can I visit a patient in hospital?

No.

Can I get treatment form a hospital?

Yes.

Can I visit an old age home?

No.

Will initiation practices be allowed?

No.

Are the national borders still closed?

Yes

Are hotspots on different levels?

No, but they might be in the future.

Mark - 09:25 | Add a comment

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