Specific Search TRANSEARCH Africa takes the word reduction at its origin and has identified the origin of an old French word that means « to reduce or reduce something ». One. Yes, the cuts are « innocent » layoffs. It is not the worker`s fault that the company can no longer afford the worker`s salary and that the agreed notice periods as such must be respected. The employer may ask the worker not to return to the workplace, but must then pay the notice. Considering the questions asked by employers and workers about the cuts, it seems that there is a lack of understanding of workers` rights within the meaning of Article 189/189(a) of the Employment Relations Act and the Basic Conditions of Employment Act. Some employers have the impression that firing a worker is as simple as terminating the employment relationship on the basis of the company`s requirements. Another common mistake is to selectively designate « problem » employees for the discount, rather than using a fair selection criterion such as the LIFO (Last In First Out) principle recommended by LRA. However, be careful if you opt for a voluntary reduction, as you need to make an informed decision. There could be financial implications. If this is a discount as defined above, MISA may consult with you and perhaps protect you if the criteria are not applied fairly or objectively or if there is no reasonable and equitable reason to dismiss you. – discretionary payments that are not related to the worker`s hours of work or benefit, for example.B.
a discretionary profit-sharing system. – benefits in cash or in kind provided to enable the worker to work (e.g. B, equipment, tools or similar compensation, or the provision of a conveyance or the payment of a transportation allowance so that the worker can only get to and from work). Here, the key word is « voluntary »! The Miriam Webster Dictionary defines the term « voluntary » in a legal context as something that is done « intentionally or intentionally » and « act or act of one`s own free will, without valuable consideration or legal obligation. » .