Google G Suite for Education

Did you know that your school can go online today with the e-Learning concept within Google Classroom? The platform and services are completely free for educational institutions, including schools.  Read our open letter to schools

If you need assistance, we at Arena professional Services can be contracted to get you going by (1) Registering your Domain (2) Hosting your website (3) Creating your Website (4) Applying for your G Suite Account (5) Setting up the G Suite Services (6) Setting up the various profiles (7) registering users [Teachers & Students]. (8) Setting up Google Classroom (9) Setting up Google Drives (10) Deploying your online platforms (11) Providing Training to either Site Administrators, and/or Teachers (12) Providing Technical & Site support via SLA.

Contact us today, and qualify for our schools discounted rates applicable to e-Learning Technologies. Our rates apply to the setup & configuration services, and not the G Suite System.

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Update on the COVID-19 lockdown measures

Hi Everyone, let’s start this week and explore comments made by the Minister of Labour, Thulas Nxesi during a media briefing to update on the COVID-19 lockdown measures yesterday (31 Mar 20).

See link to his comments https://www.gov.za/…/minister-thulas-nxesi-labour-intervent….

Employer Obligation – “…we are receiving concerns from workers and unions that some employers are seeking to shift the burden of the lockdown onto the workers, using their annual leave as the first line of response to the lockdown.” Various appeals were made to employers to continue to pay staff, especially for the month of March 2020 as lockdown only commenced on 27th March 2020, hence 98% of a full month of work. UIF benefits are available for the month of April 2020 and beyond. Companies need to claim in bulk.

Leave Provisions – “We are also getting complaints from workers that their employers have instructed them to take unpaid leave during this lockdown” Again admittedly they can, but where are the social considerations and employee value proposition?

Comments?

“Lockdown” Paid or Unpaid for Employees?

A huge debate is raging on social media and within various Labour Law Experts having different views regarding whether the forced “Lockdown” implies paid or unpaid wage scenarios for employees.  In some instances, clients are advised that they may not force employees to take leave and have to pay them for the duration of the lockdown.  This is unfortunately not true.

From what is evident at this stage for us is that the Government have appealed to companies to continue to pay their employees, or assist them financially, but of course, it is an appeal, and there seem to be no obligation to do so.  Technically it is not annual leave or sick leave. It is a form of forced closure in which special circumstances would have to prevail. Those companies or industries who had the foresight to reach agreements to implement a type of staggered benefit with their staff or unions at least have some certainty of what would happen.  However, it does not preclude others to now seek such agreement or to advise staff of the business consequences of the lockdown.  

Those who can afford to pay should continue to pay salaries and wages.  However, many small businesses are bound not to recover from this forced closure and as a result, would have to drastically reduce their overheads, the majority normally salaries or wages or completely close their businesses as it would no longer be viable.  Sad but True.  If possible stagger salaries, eg Week 1 – Full Pay, Week 2 – 70% Payment , Week 3 – 50%, etc.  The shortfalls are claimable from the UIF Disaster Fund. 

We do know that government have put amended measures in place regarding UIF Benefits for those employees where their companies would not be able to pay wages or render financial support during and post the period of lockdown as it relates to the negative economical impact of COVID-19.

EASY-AID GUIDE FOR CLIENTS TO ACCESS UI FUNDING THROUGH COVID19

The Department of Labour put out this in their statement today (26 March 2020) and I quote 

“During the lockdown period, an employee may be requested by the employer to take annual leave from his/her annual leave credits. The BCEA allows employers to determine the time that employees can take their annual leave. 

“In as much as employers are within their rights to insist that employees take annual leave during the lockdown, as the Department, we encourage employers not to request employees to utilise their annual leave credits for the lockdown, but to rather utilise the financial assistance that the department has placed at their disposal through the COVID-19 Temporary Employer/Employee Relief Scheme (TERS) in cases where companies cannot afford to pay employees”, said Department of Employment and Labour, Chief Director of Labour Relations Thembinkosi Mkalipi.”

UIF benefits by means of the National Disaster Benefit will, therefore, include Reduced Hours/work time as well as unemployment caused by the pandemic.

We will continue to watch the developments as the situation is fluid and alternatives or additional measures may be promulgated at short notice.

Update 1: Business Impact COVID-19 Lockdown

The Disaster Management Regulations Amendments was published on 25 March 2020. Please note the following as an update to previous articles from Arena Professional Services.

CATEGORIES OF ESSENTIAL GOODS

Also, see these articles

https://arenaps.co.za/covid-19-employees-employers/

https://arenaps.co.za/how-will-your-business-survive-covid-19/

https://arenaps.co.za/arenaps-equal-pay-for-work-of-equal-value/

https://arenaps.co.za/business-impact-covid-19-lockdown-in-south-africa/

Business Impact COVID-19 Lockdown in South Africa

Business Impact COVID-19 Lockdown in South Africa – Lockdown Measures

A nation-wide “lock-down” was enacted in terms of the Disaster Management Act which pronounced that “from midnight on Thursday 26 March until midnight on Thursday 16 April, all South Africans will have to stay at home”.  In other words, the lock-down will come into effect Friday and beyond, as confirmed by Minister Patel. (See Countdown Clock)

What does this mean
  • Individuals will not be allowed to leave their homes except under strictly controlled circumstances, such as to seek medical care, buy food, medicine and other supplies or collect a social grant.
  • All shops and businesses will be closed, except for pharmacies, laboratories, banks, essential financial and payment services, including the JSE, supermarkets, petrol stations and health care providers.
  • companies whose employees are able to work from home, to maintain economic activity should make the necessary arrangements.
Essential Services

Companies that are essential to the production and transportation of food, basic goods and medical supplies will remain open.  The categories of people who will be exempted from this lockdown were indicated as

  • health workers in the public and private sectors, including military medical personnel
  • emergency personnel
  • security services
  • soldiers
  • those involved in the production, distribution and supply of food and basic goods
  • essential banking services
  • the maintenance of power and water
  • telecommunications services
  • laboratory services, and
  • the provision of medical and hygiene products.

More specifically these include essential staff in the following areas as confirmed by Minister Patel

  • Grocery stores, supermarkets, and spaza shops will remain open during the “lock-down”
  • those responsible for essential care of the elderly and sick persons, including home-care and old-age homes
  • essential private security services for the protection of property and persons
  • All essential back-office services to enable salary and human resource departments to work so as to ensure smooth management of wage and salary payments
  • essential animal welfare and emergency veterinary services
  • those who assist in transporting food and other essentials to people’s homes including on-line retail, as well as transport systems that support any of the essential services
  • key maintenance systems required at workplaces to avoid serious damage to economic assets, where the interruption of that service will destroy critical working areas, factories or machinery
  • Members of Parliament, Provincial legislatures, Municipal councils and their core staff, as well as government departments and public entities’ staff responsible to assist with implementation of the measures announced by the President, as they will all need to be working to make the country safe
  • members of the media and broadcasting services, who will serve as a vital communication between ourselves and the public
  • Transportation of fuel, food and basic goods supply trucks between SADC countries
Responsible Citizenship Requirements

People are required to limit the trips to shopping centres for the purpose of shopping for food and basic goods only, and not to gather in shopping malls.

Pharmacies will remain open during the “lockdown”.  Healthcare professionals providing essential services to the public will be open as well.

All essential items – food and beverages, medical suppliers, personal products, hygiene products, cleaning products – will remain available through the lockdown and the period of the national disaster. This means that all businesses essential for the production and distribution of these essential items will be allowed to remain in operation during the “lockdown”.

Businesses which remain in operation during the “lockdown” will be required to do so with all the staff required to ensure that the service or production is uninterrupted.

Businesses will also be required to take necessary protocols to ensure adequate hygiene and social distancing.

Consumer-facing businesses, like grocery stores, supermarkets, pharmacies and spaza shops, especially, will be asked to educate their staff and customers on the required protocols and to take reasonable steps to keep social distancing between customers.

While the limit of 100 people does not apply to essential services, we will still need all the affected businesses to take steps to protect workers through social distancing and public hygiene measures

The steps that companies must take include:

  • Providing hand sanitisers at workplaces, as people enter, at key workstations and when they leave
  • Managing clocking arrangements and canteen facilities and scheduling of work breaks, to limit the level of social interaction
  • Disinfecting work surfaces that workers are exposed to
Support for people whose livelihoods will be affected

A special dispensation will be set-up for companies in distress.  It is envisaged that once finalised, employees will receive wage payment through the Temporary Employee Relief Scheme, which will enable companies to pay employees directly during this period and avoid retrenchment.

Any employee who falls ill through exposure at their workplace will be paid through the Compensation Fund.

Government calls on businesses to take care of their staff and appeals to large companies to accept the responsibility to pay workers affected.

In the event that it becomes necessary,  reserves within the UIF system to extend support to those workers in SMEs and other vulnerable firms who are faced with a loss of income and whose companies are unable to provide support will be promulgated.

UIF benefits will not be less than the national minimum wage of R3 500.00 per month.

Assistance for businesses that may be in distress

The following have also been announced in order to assist businesses in distress with cashflow.

  • a tax subsidy of up to R500 per month for the next four months for those private-sector employees earning below R6,500 under the Employment Tax Incentive
  • A payment delay of 20% of their pay-as-you-earn liabilities over the next four months and a portion of their provisional corporate income tax payments without penalties or interest over the next six months
  • The Department of Small Business Development has made over R500 million available to assist small and medium enterprises that are in distress through a simplified application process. (see www.smmesa.gov.za)
Compensation for Occupational Injuries and Diseases Act

Changes have also been affected by the Compensation for Occupational Injuries and Diseases Act.  Compensation for occupationally acquired Novel Coronavirus Disease (COVID-19), has been introduced by means of amendments that have been promulgated on 20 March 2020.

What does this mean

  •  A claim for occupationally- acquired COVID -19 shall clearly be set out as contemplated in and provided for in sections 65 and 66 of the COLD Act
  • Occupations at Risk Categories has been defined
    •  Very high exposure risk occupations as those with high potential for exposure to known or suspected sources of COVID -19 during specific medical, post mortem, or laboratory procedures. Workers in this category include:
      • Healthcare workers (e.g. doctors, nurses, dentists, paramedics, emergency medical technicians) performing aerosol-generating procedures (e.g. intubation, cough induction procedures, bronchoscopies, some dental procedures and exams, or invasive specimen collection) on known or suspected COVID-19 patients
      • Healthcare or laboratory personnel collecting or handling specimens from known or suspected COVID -19 patients (e.g. manipulating cultures from known or suspected COVID-19 patients)
      • Morgue workers performing autopsies, which generally involve aerosol-generating procedures, on the bodies of people who are known to have, or suspected of having, COVID -19 at the time of their death.
    •  high exposure risk occupations are those with high potential for exposure to known or suspected sources of COVID -19. Workers in this category include:
      • Healthcare delivery and support staff (e.g. doctors, nurses, and other hospital staff who must enter patients rooms) exposed to known or suspected COVID -19 patients
      • Medical transport workers (e.g. ambulance personnel and porters) moving known or suspected COVID -19 patients in enclosed vehicles
      • Mortuary workers involved in preparing (e.g. for burial or cremation) the bodies of people who are known to have, or suspected of having COVID -19 at the time of their death.
    • Medium exposure risk occupations are
      • those that require frequent and /or close contact with (i.e. within 2 meters of) people who may be infected with SARS- CoV -2, but who are not known or suspected COVID -19 patients. In areas without ongoing community transmission, workers in this risk group may have frequent contact with travellers who may return from international locations with widespread COVID-19 transmission
      • In areas where there is ongoing community transmission, workers in this category may have contact with the general public (e.g. in schools, high -population- density work environments, such as labour centres, consulting rooms, point of entry personnel and some high -volume retail settings)
    • Low exposure risk occupations are
      • Those that do not require contact with people known to be, or suspected of being infected with Covid -19, nor frequent close contact with (i.e. within 2 meters of) the general public
      • Workers in this category have minimal occupational contact with the public and other co-workers
  • The degree of impairment will be evaluated based on the complications of the Covid -19 from the affected body system(s)
  • Benefits
    • The range of benefits includes consideration for Temporary total disablement (TTD), Permanent Disablement and medical aid and death benefits
    •  These will generally apply for 30 days only unless otherwise determined by the Commissioner of the Compensation Fund (see section 5 of the amendment)
    •  The Commissioner has the powers to assess each case on merit and determine the impact or level of disablement
    • The benefits will apply in all circumstances albeit self- quarantine for unconfirmed cases, confirmed cases and instances of permanent disablement or even death
    • Form COVID-19 EXPOSURE AND MEDICAL QUESTIONNAIRE are to be completed by the employer

By Joe February
https://Arenaps.co.za

Also, see these articles

https://arenaps.co.za/covid-19-employees-employers/

https://arenaps.co.za/how-will-your-business-survive-covid-19/

https://arenaps.co.za/arenaps-equal-pay-for-work-of-equal-value/

Arena Disclaimer

We’ve taken due care to only elicit information from those pronounced by the various ministers.  In some instances, we’ve taken direct statements and publications, and in others, we prepared a narrative.

The article is not intended to be all-encompassing or the ultimate authority on the matters raised, but these are mainly intended to assist our clients and online followers to have a handy resource containing relevant information as it relates to the business and employee impacts.

How will your Business Survive COVID-19

Amidst the National State of Disaster, it is agreed that the economical/financial impact of the virus will have a major impact on the continuity of businesses. At least in the short term, one already experience a reduction in the income for many businesses, the most affected are small businesses, sole proprietors, restaurants, etc.  The value of the Rand is seeing all-time lows compared to the USD and other currencies.

How do we ensure that the business survives and that we, post-Corona, have a viable business to return to? There is no doubt that the stringent measures implemented by South Africa and globally force business to assess their survival strategies. In many respects, with all of the negative business consequences, it can also be viewed as a positive imperative compelling us to review our business options and strategies. This is a natural process that would in many instances have taken many years for business owners to reach such a crisis point in order to consider the future direction of their businesses. A Game Changer – What to do?

Again, these are my immediate thoughts planting a few ideas for our clients and is not meant to be a comprehensive resource piece.

Restructure employment options  

A viable business requires thinking of survival from both management and staff.  Within the spirit of this type of engagement, how can the business operations be restructured?  I know of many employers who contemplated flexi-time at some stage but decided against it as a result of fears of non-delivery or having employees take advantage of the situation.  Now you have an option to put it to a test, and promulgate it as such for the next 3 months.  Remember the health and safety of your staff is a huge responsibility for the business with dire consequences if employees start to test positive.  Reduce the numbers in the workplace, at any one time, sooner rather than later.

It is also a good time to consider re-skilling your workforce.  Identify essential skills and find online courses.

Review how services are delivered

A restaurant is a prime example of a business that is / will be affected severely.  The usual perceived “good service” protocols between customers and hosts and waiters/waitrons must change.  Frontline staff have to be more creative with their engagement with customers.  Similarly, consultants or business specialists can move from face-to-face consultations to remote media conferences. But do the fee structures still stay the same?  It will be interesting to hear your views as businesses or service professionals.

Close an import gap

Imports from many countries have halted or at least slowed down significantly.  Can we manufacture some of these items or products in South Africa?  Currently, it is easy to import almost anything from eg China, whilst we could potentially retain manufacturing in our country. Bring back the clothing industry, I say.  Many of our crucial supply chains channels will run dry . . . take the GAP.

Move your business On-line

An obvious move is to take your business online, especially if you sell items or services.  It eliminates people from going into shops and malls to look for, and buy items with full contact at a time that we are encouraging no contact or social distancing. 

I’ve learned of a few restaurants whom you can call for your order now, and instead of going in and sitting down, as usual, or to pay and collect your item, you have to use an online/mobile payment channel and collect at a table without having physical contact with any of the restaurant staff.

Even a full-contact shop now have to consider their online options.  This would have been an eventuality in a few years in South Africa and is now time to fast-track this move.

People will stop moving around soon, and those who establish the online channels now will have an advantage.

What are you doing to survive? 
 
by Joe February
ArenaPS
 

 

Covid-19, Employees & Employers

Covid-19, Employees & Employers

Over the last few days, the enquiries regarding rights and responsibilities of employees and employers with regards to the Covid-19 Pandemic has exponentially increased to the extent that everyone is seeking frantically for answers to the challenges that may arise from the employment relationship as a result. My considered views on the matter would not necessarily be new information available, but information made available to those within our direct followership and customer base.

Covid-19 and the pronouncements by the President on 16 March 2020 hold very specific obligations to everyone within the country. All of us, being employee or employer have the obligation to support and assist with the eradication of the Corona outbreak.

At this stage, various legislation regulates employment relationships within the Covid-19 context. These include,

  1. The Constitution, especially the Bill of Rights
  2. Basic Condition of Employment Act
  3. Compensation for Occupational Injuries and Diseases Act
  4. Labour Relations Act
  5. Any company policy applicable

The South African Constitution

The Constitution provides for Equality, Human Dignity, Life and Freedom and security of the person within the Bill of Rights. Businesses, therefore, have an obligation to consider all of these aspects when formulating responses to Covid-19.  People have rights, but we all also have obligations towards each other.   Companies are especially at risk of failing the security or life of employees if a large number of employees suddenly contract the virus.  In this instance there is an obligation to follow up on each case identified with due consideration to the dignity of the affected individuals.

Basic Condition of Employment Act

Whilst the BCEA provides in common cause understanding for No-Work No-Pay conditions, those employers who have additional policies of special leave, or special conditions considerations have to consider extending those to cover the Corona Virus requirements. The key mitigating factor, as expressed in many forums is self-isolation. Self-isolation is suggested as the most effective measure, but whether it is introduced by the business, or requested by the employee, how does one contemplate the economical/financial impact of the business.  Surely the measures put in place must consider sustaining a viable business in the end.

The dynamic for business revolves around mainly 2 factors, being affordability & sustainability of the business and social well-being of their employees. Besides the standard leave options of Annual Leave or Sick Leave, we currently have no legislation that exists to direct employers to pay employees who do not / cannot come to work as a direct result of the outbreak of Corona. Employers would be well advised to initiate internal discussions within their Workplace Forums or Unionised Channels to explore potential options and solutions of either forced or self-imposed isolations.  Time to brush up on those Employee Assistance Programmes, Update them and Train employees to assist with identification and support of people in high risk categories.  Also do not forget to monitor pronouncements from NEDLAC of the Ministry of Labour who may very well promulgate latest binding decisions on the matter.

Occupational Injuries and Diseases Act

The provisions of Occupational Injuries and Diseases Act will come into effect once an employee is infected or alleged to have been infected at work, or as a result of the execution of their duties. In these instances, channels and processes already exist which in addition to the standard responses to Covid-19 should also be followed.

Labour Relations Act

Any discussion about scaling down the business or reducing working hours due to the economical impact of the Covid-19 outbreak must be dealt with in terms of the Labour Relations Act. Pronouncements or measures by the government do not automatically give employers rights to deviate from the requirements of labour law. South Africa has extremely stringent rules protecting employees, and as such, it would be important to continue to follow all protocols. Do not take for granted that employees should know the situation. Ensure that you engage, outline the steps, and follow the Codes of Good Practise.

General Comments

As indicate earlier, some businesses have internal policies more favourable than the provisions of Labour Legislation. In this regard, it is important to know that you may not now unilaterally reduce your liability because of the economical or social impact of Covid-19.   Consider as many alternatives as possible, be it, paid time off for employees for situations of high risk, or flexible working hours to accommodate the need for parents to be home with schools closing.  Ultimately the test for businesses and their employees now is to see if the company you work for is really one who cares for their employees as many times claimed and if the employees you have really cared for the company not to allow it to go to ruin with unrealistic demands during this time.  The ultimate aim is for everyone to ensure and return to a viable business.

 I believe this to be a real and substantial test for Business Owners, Leadership and Employee Representatives.  Some businesses have to change the way they provide their services, like a restaurant who now goes online, or a manufacturing plant now open for extended hours to minimise the amount of staff members on site at any time.   It is time for the Business Continuity Plans to be tested, and typically a new High-level Risk is registered on the Corporate Risk Register and mitigating responses have to consider all of these aspects in addition to the normal employment rules. We all have a legal duty of care to take whatever measures necessary.

Please also only follow reliable links to information specific to South Africa

SA Official Website : www.sacoronavirus.co.za
Whatsup No : 0600 123456

Joe February
https://Arenaps.co.za