The June 30 national shutdown protest action being planned by anti-illegal-immigration group March & March is not a protected action in terms of the Labour Relations Act and employees participating in any action on the day will not be protected by the normal rules for protected mass action, says employer organisation the Steel and Engineering Industries Federation of Southern Africa (Seifsa).
Labour federations Congress of South African Trade Unions, Federation of Unions of South Africa, South African Federation of Trade Unions and the National Council of Trade Unions have urged workers to report for work on June 30, and have warned that participation in an unprotected mass action could carry employment consequences.
Seifsa has urged companies’ management to plan for possible local disruptions, staff safety concerns and transport interruptions, as well as to consider implementing additional security requirements on the day.
Management must raise the anticipated challenges with employees before June 30 and must treat unauthorised absences on the day on a case-by-case basis, it advises.
Unauthorised absences related to the protest action will likely be based on the no-work, no-pay principle and may result in possible disciplinary action for being absent without permission and/or authorisation and/or for participation in the mass action.
A shift for leave-pay and leave-enhancement pay qualification purposes will be lost in respect of the day’s absence, and any overtime worked during the course of the week will be paid at ordinary rates to make up for the lost ordinary working hours on June 30, Seifsa says.
There remains a risk of localised disruptions, road blockages, violence against foreigners and supply chain disruptions, it adds.
The government’s message has been consistent that there will be no tolerance for lawlessness and the South African police have reassured citizens of their heightened preparedness and visible deployments.
The protest action is driven primarily by protest group March & March’s demands that government take immediate action against undocumented foreigners, including stricter border enforcement and the deportation of foreign nationals.
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