Can You Be Retrenched While Pregnant in South Africa?
What is called retrenchment?
Retrenchment refers to the termination of a worker’s service by the employer for any reason other than punishment or disciplinary action.
When can employees be retrenched?
Retrenchment of employees might occur when one or more of the following incidents happen to a business:
1. Reduced output & capacity
2. Job losses / redundancy programmes
3. Product / market withdrawal
4. Disposal of business unit
5. Scaling back planned capital investment
What are the causes of retrenchment?
1. New leadership (usually a new CEO)
2. Excessively-high costs and low profitability/unsustainable losses
3. Excessively high gearing, leading to cash flow problems
4. Loss of market share
5. A failed takeover or merger
6. Economic downturn
7. Change of ownership
Can you be retrenched while pregnant in South Africa?
In South Africa, you cannot be retrenched while pregnant. Section 187(1)(e) of the Labour Relations Act 66 of 1995 prohibits dismissing an employee for any reason related to her pregnancy because such a dismissal violates the employee’s fundamental right.
What am I entitled to as a pregnant employee in South Africa?
When a female employee becomes pregnant, she is entitled to four months of maternity leave.
When can I stop working in South Africa while pregnant?
You can take the maternity leave anytime from four weeks prior to the due date and you may not return to work within six weeks of the delivery date.
What is the notice period for retrenchment in South Africa?
If employed for less than six months, one week’s notice is required; if employed for more than six months but less than one year, two weeks’ notice is required; and if employed for more than a year, four weeks’ notice is required.
What remedy does an employee have if he/she has been unfairly retrenched?
Employees who believe they have been unfairly retrenched have 30 days from the date of retrenchment to file a complaint with the Commission for Conciliation, Mediation, and Arbitration (CCMA) or a bargaining council.
