Short time work is imposed as a temporary measure for a temporary period where there is only limited amount of work for an employee to do for their employer.
Unless short time work is provided for in an employee’s contract of employment or a collective bargaining agreement in that industry, short time work cannot be unilaterally imposed on employees by the employer.
To avoid claims by the employees for a change to their terms and conditions of employment, the employee and employer need to agree to the implementation of short time work.
In the same manner that consultations must take place with employees if the employer is considering retrenchment, employers must consult employees regarding introducing short time work.
Before the employers resort to retrenchment due to the economic crisis caused by the coronavirus pandemic, they have to consult their employees and the trade unions to persuade the employees to take unpaid leave as an alternative to retrenchment.
