Loadshedding and the Main Agreement

South African Engineers and Founders Association

10 January 2023

As we are all aware, the situation within Eskom seems very unlikely to improve in the short term and all indications are that load shedding in 2023 will be more severe than it was in 2022.  To assist members in dealing with loadshedding in the workplace, please see the circular below which explains how short time may be implemented to lessen the effects of load shedding. 

The Main Agreement and Loadshedding January 2023

Also, please see some of the frequently asked questions raised by members:

Frequently Asked Questions:

Q:           If employees are instructed to go home during a period of loadshedding but remain at work, are they entitled to be paid in full for the day?

A:           No.  If employees choose to stay at work even though they have been instructed to go home due to load shedding they are not entitled to payment for the hours remained at work.

Q:           If my employees have worked for four hours before the power goes out, do I need to pay them an additional four hours’ notice?

A:           No.  If the employees have been at work for four hours and the power goes out (and the employees are sent home), then the minimum has already been paid and nothing further would be due. 

Q:           If I instruct my employees to remain at work until the power returns, must I pay them for that time?

A:           Yes.  If employees remain at work until the power has been restored they are entitled to be paid in full for the day.

Q:           If my employees come into work after a period of loadshedding and then work additional hours after the normal ending time of their shift, are they entitled to overtime payment?

A:           If an employee starts work at, for example, 10:00 and would like to work their eight-hour shift, a company level agreement would need to be concluded with the employee in order to pay them at a normal rate for the 8 hours.  In the absence of an agreement overtime would be due after their regular working hours.

Please contact us should you need any further assistance.