The national lockdown has had various employment law consequences including disruption of normal remuneration processes. In respect of employees who are not working due to the lockdown (i.e. those who are not in essential services and who are not working remotely). This situation will continue in various respects even with the 1 May 2020 shift to level 4 as announced last night by President Ramaphosa.
While B4SA has called for maximum possible generosity in this regard, employers do not have a legal obligation to pay employees who are not rendering services during the lockdown period. The legal position has been mitigated by the COVID-19 TERS Benefit in that employees who lose, or may lose, income will have access to a special UIF benefit. However, the COVID-19TERS benefit is limited and does not cover entire salaries. This raises the question as to how to deal with pension and medical contributions, especially where non-payment of contributions may result in termination of membership.