Medical report for all applicants. The usual issues are much more complicated now — during the 2020 COVID-19 crisis — with the overlay of the rapidly enacted and untested pandemic laws and regulations. Most employers use at least a) an announcement of the voluntary RIF in which the eligibility criteria, available severance benefits and deadline dates are clearly set forth, and b) a separation agreement with a comprehensive release of claims. ☐ Plan and train for termination meetings. CRITICAL SKILLS WORK VISA APPLICATION PLEASE NOTE THAT SUPPORTING DOCUMENTS MUST BE IN THE ORDER OUTLINED BELOW WHEN SUBMITTING THE APPLICATION AT THE COUNTER Attached Yes No 1. Make plans to exclude departing personnel from the building and computer/telephone systems immediately after being informed of their separations. ☐ Prepare the papers (and waivers). ☐ Prepare papers. Although a reduction in force (RIF) often can improve an entity's financial picture, there can be serious legal and financial consequences if it is not properly conceptualized, designed and implemented. 6 0 obj ☐ Explore possible union issues. Severance pay (particularly severance in excess of any "normal" sums previously paid by the employer to departing employees) or early retirement benefits are common components of a voluntary RIF severance package. Determine whether the severance scheme (particularly any installment payout protocol) is a "plan" governed by the federal Employee Retirement Income Security Act (ERISA) and, if so, comply precisely with its requirements. The COVID-19 crisis has demonstrated that even historically successful organizations may be forced to reduce employee headcount to maintain economic viability. To apply under the Skilled Migrant Category you must be aged 55 or under, meet the skill level for your occupation, and meet … Supervisors who are not emotionally equipped to deliver bad news (and face employees' anger and tears) are likely to make mistakes and put the employer at risk. Unexpected RIFs often seem to generate the most lawsuits. <> The managers should allow the employee to vent but should not engage in argument or debate and should remain firm (not implying that discharge decisions can be changed). ☐ Anticipate litigation. <>/Metadata 587 0 R/ViewerPreferences 588 0 R>> Keep the RIF working papers and analyses in locked storage when not in use. The South Africa Critical Skills Work Visa is aimed at skilled professionals whose occupation is on the critical shortage occupation list. Public relations are important. There should be two management personnel in the exit meeting: a spokesperson and a "non-speaking" witness. If you have specific questions regarding a particular fact situation, we urge you to consult competent legal counsel. All rights reserved. Processing and reviews: You can check the status of your application using the online status enquiry facility. ☐ Ensure security. The "continuation of group medical coverage" (COBRA) notices should also be provided as required by the federal statute. Employment category: SOC 4: Skills needed: 211: Natural and social science professionals: 2111: Chemical scientists in manufacturing (including food & beverages, medical devices), product development, analytical development, clinical co-vigilance, or biotechnology or related and relevant specialist skills, qualifications or experience. ). endobj ☐ Ensure "voluntary" is really "voluntary." The occupation/critical skill must be on the Critical Skills list. The retained employees will be nervous about the future of the company and their jobs. Employers can offer lower severance benefits to retiring older employees under very limited — and complicated — circumstances if otherwise consistent with any existing retirement plans. Consider whether a prepared press release (rather than spur-of-the-moment answers to a reporter's questions) will most effectively position the employer in the eyes of the general public. They are mentioned in the following discussion focused on RIFs. The latter was issued in line with the Quota List of 2009, which had skills categories, requirements, and the quota of skills targeted in the Republic of South Africa. Similarly, the amount of severance typically is within the employer's discretion; many employers use a "two weeks' pay for every year of service" rule of thumb, with minimum and maximum amounts. Therefore, you can also apply for a Critical Skills Visa with a job offer and receive a 5 year visa. Copy of the Critical Skills Work Visa recently issued to the applicant for 12 months. or "Would a stranger understand and accept this?" However, unlike with other types of Irish Employment Permits, once the Critical Skills Permit expires, you do not have to renew it. The applicant can be either the employer or the employee. States typically permit furloughed employees to draw "unemployment," which, after the recent passage of the federal Coronavirus Aid, Relief, and. ☐ Ensure confidentiality. They may also have an offer from an Irish company. DISCLAIMER: Please note that the situation surrounding COVID-19 is evolving and that the subject matter discussed in these publications may change on a daily basis. <> The Essential Critical Infrastructure Workers Guidance Version 4.0 provides guidance on how jurisdictions and critical infrastructure owners can use the list to assist in prioritizing the ability of essential workers to work safely while supporting ongoing infrastructure operations across the nation. The collective bargaining agreement or federal labor laws likely will require notice to and bargaining with the union about the effects of the RIF, and the agreement may require the company to use certain criteria (such as seniority) or procedures ("bumping") in selecting people for separation. T he list of requirements for a critical-skills permit application can be found on the SA Department The meetings should be short, simple, clear, informative, unemotional and final. This demographic data obviously is very sensitive so should have very limited circulation and should not be given to those persons selecting employees for separation before they make those decisions so that it cannot later be claimed that an employee's protected status was any factor in his or her selection for separation. Provide these materials to managers who will be conducting the exit meetings. It often is helpful to state the goals more specifically (such as "reduce payroll expenses in the finance department by 10 percent" or "convert the ketchup production line to hand sanitizer production") and to put the goals in writing so decision-makers will have an ongoing point of reference in carrying out their missions. 211 <> So be careful about what is written and how it is phrased: A jury may be looking over your shoulder in two years. There are specific federal statutory requirements for waivers of age discrimination claims in a RIF, including, most notably, that the employee be a) expressly advised in writing to consult a lawyer before signing the agreement; b) given 45 days to consider the agreement before signing it (a period the employee can waive voluntarily); c) given seven days (a period that cannot be waived) after signing the agreement to revoke it (that is, the waiver of age discrimination claims is not effective until the seven-day period passes without revocation); and d) given disclosures consisting of general information about the RIF decision process as well as specific information about the job titles and ages of persons selected and not selected for separation. If the explanation for a RIF is "we're out of money," don't give huge bonuses to senior executives shortly before or after the RIF. ⚖�ZM�������yt��� �i�J���>m�B3�+��'7*4�͕���8~? It is important to assess ERISA issues early in the planning process and consider such questions as: Are the terms of the proposed voluntary RIF program consistent with the terms of the employer's retirement plan and applicable benefits laws? However, "buyouts" often give the employer less ability to retain the best personnel. ☐ Determine severance benefits. 1 0 obj Voluntary RIFs frequently are complicated, sometimes controversial and subject to litigation so a) ensure that there are a limited number of very well-informed company representatives who are designated to answer employee questions and that other (less-informed) management personnel are instructed not to speak to employees about the plan or the process; b) send employees with questions to only those designated company representatives; and c) carefully craft all internal and external announcements, explanatory memoranda and other communications to ensure clarity, completeness and accuracy. Employees can be informed about the future (as it then appears to management), warned that there will be a normal adjustment period in light of the reduced jobs/staff, and enlisted to help the company stabilize and prosper. General Employment Permits are the primary vehicle used by the State to attract 3rd country nationals for occupations which are experiencing a labour or skills shortage. The most legally defensible criteria are objective (such as length of service, demonstrated skills, education, quantity of production, written performance evaluations, discipline history), but subjective criteria (such as "enthusiasm," "versatility," "personality") also are permissible if they are actually required for the job and are not applied in a discriminatory manner. RIF decision-makers may be here today but included in a subsequent RIF tomorrow. Furloughed employees do not perform work, are not paid and typically do not receive severance or pay-out of paid time off (PTO) at the commencement of the furlough (though some states do require that PTO be paid). Two (2) passport photos. Determine whether any employees to be laid off hold visas or have applied for green cards. Other Benefits. and/or "What's the worst that someone could make of this?" A single designated spokesperson to answer all post-RIF questions from both inside and outside the company is often the most effective way to disseminate accurate and consistent information. Voluntary RIFs (also called "buyouts," and which are sometimes in the form of early retirement incentive plans) often are less disruptive and emotionally painful, and may result in greater long-term cost savings (because employees nearing retirement frequently are among the most highly paid workers and more willing to accept an attractive severance opportunity). Lovemore Kunorozva, a Zimbabwean PhD candidate, relates his experience of securing a critical-skills visa. Identify the company's obligations if those workers are included in the RIF and then make arrangements to satisfy any such obligations. %PDF-1.7 ☐ Identify any immigration issues. The complexities of the benefits/tax laws require careful consideration and the advice of an experienced benefits lawyer during the voluntary RIF planning process. (However, be careful of "special deals": Enhanced severance benefits for a select few employees can generate discrimination lawsuits.) RIFs typically are "involuntary" (i.e., the employer identifies the employees to be discharged) or "voluntary" (i.e., the employer offers a severance package to a specified group of employees who individually decide whether to take the package and leave the company). Severance pay generally is not required by law unless a) the employer previously has committed to pay it (by employment contract, collective bargaining agreement, or severance pay plan), b) there is a state or local requirement, or c) it is being paid as "consideration" to obtain an employee's signature on a release/waiver of claims against the employer. or "Is this fair?" Ś/)�7�w�mCg�A���9Cu��������|�d~'��2 $�r���l�^.V>D��\��b��|_���:��p�5�&�17����&�Օd^&��� G��"���R5׋kY��X۸��~�K?F��7����i�����Y����#Nd�@5l��� �l���>Y̽��V2 You can use the Critical Skills Employment Permit checklist to help you apply. Thus, ensure that workers eligible for the voluntary RIF are given sufficient and accurate information about the benefits, deadlines and consequences of electing a severance package and separation from the company. The application processing times are on the Department’s website. The employees, the U.S. Is the RIF going to eliminate job titles (perhaps by combining two jobs into one) or reduce the number of people in certain jobs, or both? In addition to furloughs (discussed above), payroll expense reductions and personnel-work alignments often can be achieved by other means, such as a) waiting for normal workforce turnover/attrition, b) reducing hours being worked by hourly personnel or changing jobs from full-time to part-time, c) job sharing, d) pay freezes or pay cuts, e) implementing short-term (one or two-week) layoffs or plant shutdowns, f) allowing employees to volunteer for unpaid leaves of absence, and/or g) transferring existing personnel to different jobs, departments or facilities. Although a reduction in force (RIF) often can improve an entity's financial picture, there can be serious legal and financial consequences if it is not properly conceptualized, designed and implemented. Critical Skills Employment Permit is issued for an initial period of two years, after which it can normally be renewed indefinitely. $.' RIFs are useful but often are expensive and sometimes lead to lawsuits. The starting point when bringing in a foreign specialist into your business is the Critical Skills List, which notes the professions where Home Affairs issues Work Permits due to areas where there are shortages of skills. Valid passport which expires no less than 30 days after the expiry of the intended date of departure from the Republic 2. endstream It cannot, by its nature, cover all of the nuances or explain in complete detail all aspects of the RIF process, or describe the variations among state laws, and of course a checklist is no substitute for situation-specific advice from a RIF-experienced employment lawyer. You must apply for an Employment Permit if you find work and want to continue working in Ireland. For questions or more information about a reduction in force specific to your organization, contact Holland & Knight Partner Bill deMeza, who has guided a number of employers in various industries through successful RIFs, or another member of the firm's Labor, Employment and Benefits Group. Equal Employment Opportunity Commission (EEOC) and the jury will not like you. ☐ Identify the goals. ☐ Look to the future. ☐ Anticipate the need for a RIF. IT professionals often have to provide tech solutions for people who aren’t as savvy. An incomplete application not meeting the above requirements will not be accepted. If you find a job within 12 months, you can extend your Critical Skills Visa for up to 5 years. ",#(7),01444'9=82. ☐ Determine the nature of the RIF. The Critical Skills Employment Permit is designed to attract highly skilled people into the labour market with the aim of encouraging them to … Identify the ideal number of personnel to be released from individual departments. This is a points-based visa that considers factors such as age, work experience, your qualifications and an offer of skilled employment. x��VKo�@�[��c�����T����܄��)u����u��ZA��w��;����g�����k�\C����z�`�#M�҄%�9�,(�� +q�����U��ПX��v�^]��ߦ/�M���l��}�ݕ��EY�U�l��k�>L˗�2ϡ? The Critical Skills Work Visa emanates from the merger of the former Exceptional Skills and Quota Work visas. General work Visas are valid for the duration of the contract of employment or a period not exceeding 5 years. A list of employees showing their genders, age, minority/disability/whistleblower status, leave/workers compensation status and other characteristics protected by law will be necessary for the "disparate impact" analysis discussed below. This document is intended solely to assist the applicant in applying for an employment permit and is not a substitute for the relevant legislation and regulations governing employment permits. Maintaining confidentiality will minimize both employees' anxiety/distraction as well as preemptive claims by worried workers trying to "guarantee" their jobs (that is, thinking "they won't include me in the RIF next month if I announce I'm disabled or make a sexual harassment claim this month"). endobj <>/XObject<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> These alternatives to RIFs may not be as effective in reducing costs, but they may be less risky. The South African government has identified areas in the South African work force that may be lacking qualified and experienced staff to fulfill those roles. ☐ Anticipate the next RIF. If your application is refused, you must be given the specific reasons it was refused. This is a permit issued to applicants in possession of exceptional skills or qualifications that are scarce in South Africa. Do not send any privileged or confidential information to the firm through this website. 5 0 obj ☐ Develop a preliminary list. Some states require employers to give departing employees their final paychecks on their last day of employment (including payments for accrued but unused vacation time), while other states require employers to provide information about unemployment compensation, job training opportunities, etc. Agreements for management-level employees typically are longer and more comprehensive than those for non-management employees. Ideally, the decision-makers should be a diverse group of objective, credible executives who have been trained (or can be trained quickly) on how to conduct the RIF in a careful, non-discriminatory manner. When setting the RIF timetable, include time to think about the necessary transition of work/projects from employees included in the RIF to the retained personnel and consider whether to use phased departures (that is, one large group followed in weeks or months by another large group). NB - A request for a Support Letter for a Critical Skills Employment Permit holder seeking a Stamp 4 cannot be processed until the permit holder has completed 21 months working in the State. Because of this visa, some employers are willing to give you a job offer if you qualify for a critical skill. Verify if your occupation is listed on the critical skills list- Critical Skills Permit South Africa ☐ Meet with "survivors." The economy may change and, with luck, an employer may in a few months wish to rehire a worker that was part of a RIF this month. To involuntary RIFs ( discussed above ) also affect voluntary RIFs as an alternative to involuntary RIFs for many.... 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Value of obtaining promises from departing employees of non-disparagement, confidentiality, and electronic. Often give the employer or the employee students at UCT can have particular when... Applicant who has changed his or her name, surname or sex information technology professionals often. Days after the expiry of the former Exceptional Skills and Quota work visas this is a of! Non-Eea nationals must have boarded their flight to new Zealand by 23:59 on Thursday 19 March 2020 without... Phd candidate, relates his experience of securing a critical-skills visa ) also voluntary! Be careful about entrusting sensitive, confidential information to anyone who might be necessary whether any employees be! Of this? '': Enhanced severance benefits for a holder of any type employment... Implicate human resources, benefits, tax/finance and legal issues and practical of. Comply precisely with the latest changes of 1 December 2020 conditions apply: you work. 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