What are the laws pertaining to lay-offs? Do they have to pay a portion of our salary to cover medical aid and pension? What is the maximum period? As it stands, we now do not have medical aid nor a pension because of "no work, no pay," also, would it make a difference that the company sent the employees home before business rescue came into effect?
By "lay offs" i assume you mean retrenchments. S189 of the Labour Relations Act sets the procedure to be followed and this is in no way affected by business rescue. Such proceedings do not absolve the employer in any way. Severance payable on retrenchment would be 1 weeks salary (gross) for every completed year of service. Employers contributions to medical aid and pension are not included in gross salary and as such would fall outside of severance.