MASERU — A local textile company, Presitex Enterprise, has been ordered to pay 22 workers a total of M3 790.07 after they were laid off for four days.
The workers were temporarily laid off in January this year due to a power failure at the factory.
The workers argued that since they were available to offer their services they should be paid for the four days.
Presitex Enterprise however rejected the argument.
The workers then took the dispute to the Directorate of Dispute Prevention and Resolution (DDPR) on May 26.
In her judgment on September 15, ‘Mamolefinyane Senooe, ruled that the applicants should be paid the amounts they were claiming within 30 days from the receipt of the award.
The company argued that there was an agreement with the Factory and Allied Workers Union (Fawu) that workers who had been laid off on short time should not be paid.
But the workers said the agreement should not be binding because they were not members of Fawu.
Senooe noted that section 85 (3) of the Labour Code Order No. 24 of 1992 and its amendments were silent regarding payment or otherwise of employees who had been put on short time.
“The position of the common law under such circumstances is that employers who specifically instruct employees not to come to work, for example, when workers are suspended or put on short time are nevertheless obliged to pay for the period of absence,” Senooe said.
She said the same rule applies if employers are unable to provide work.
“It follows therefore that the respondent’s argument that employees are bound by recognition agreement which stipulates that employees shall not be paid while on lay off falls away,” she said.
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