Legal updates and opinions
News / News
COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) audit pack
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney
On 27 November 2020 the Department of Employment and Labour (“Department”) and the Unemployment Insurance Fund (“UIF”) announced that there would be “post-verification exercises” (i.e. audits) conducted on employers who received the TERS benefit on behalf of their employees. These audits will be conducted by audit firms from 1 December 2020 for a period of 6 months.
According to the Department and the UIF, the following documents should be kept readily available, either in hard copy or electronic format, in anticipation of the audit (not an exhaustive list):
- All documents / information provided to the UIF at the time the application was made and for each lockdown period;
- Bank statements relating to the application;
- Each employee’s HR file;
- Payroll report from 1 January 2020 to July 2020;
- Proof of payment to employees; and
- Proof of any refunds made to the UIF.
The Department and the UIF advise that the above list is merely the minimum documents required. We therefore recommend that, in addition to the above mentioned documents, employers have the following additional documents readily available:
- Employer’s declaration of employees;
- Any documentation submitted for bank verification;
- Any ID copies submitted;
- Any proof that the business –
4.1 had been unable to operate, either wholly or in part, as a result of the lockdown regulations;
4.2 could not make arrangements for vulnerable employees; and/or
4.3 could not operate due to operational requirements as a result of compliance with the lockdown regulations and / or directions; and - Any correspondence with the Department and / or the UIF in an attempt to rectify any errors in the TERS application
The above documents may assist in proving that the business and the employees were entitled to the TERS benefit. If any documents were submitted via email, we advise that a copy of the email/s also be kept readily available.
On 4 December 2020 the Department and UIF published a letter in which they confirmed that auditors will halt the audits on 18 December 2020 and resume on 4 January 2021.
Latest News
What Sedumedi v Sefako Makgatho Health Sciences University Teaches Employers About Contract Clarity
by Jacques van Wyk, Director and Mike Searle, Candidate Attorney ISSUE Can an employer terminate a fixed-term employment contract prior [...]
Hail the new King – Comments on the new draft King V Governance Code for South African Boards of Directors
by Eric Levenstein, Director and Head of the Insolvency and Business Rescue and Kaymana Han, Candidate Attorney With the release [...]
Managers, who are members/representatives of a trade union, are still required to fulfil their contractual obligations to their employer
by Andre van Heerden, Director and Hannah Fowler, Candidate Attorney Introduction In Association of Mineworkers and Construction Workers Union obo Ntuli [...]
Illegal Miners: The Mine Health and Safety Obligations of Mining Right Holders for Mines No Longer “Being Worked”
by Kathleen Louw, Director, and Alexi Andropoulos, Candidate Attorney 1. The tragedy which occurred in Stilfontein earlier this year (“the [...]
Taxation of Rewards Points
by Doelie Lessing, Director and Head of Tax and Robyn Schonegevel, Associate It has become common for businesses to implement [...]
Competition Law: Transformation and public interest in abuse of dominance cases
with assistance from Kwanele Diniso, associate Recent developments in South African competition law have significantly elevated the role of transformative [...]