Legal updates and opinions
News / News
Temporary Employer / Employee Relief Scheme (“TERS”) update
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Lukrisha Ramadu, Candidate Attorney
On 20 April 2021 the Minister of Employment and Labour published a new direction (“the Direction“) in relation to the Covid-19 Temporary Employer / Employee Relief Scheme (“TERS“).
The Direction is, in large part, the same as the direction published on 3 March 2021. Our update regarding this direction can be accessed at https://werksmans.com/legal-updates-and-opinions/urgent-update-extension-of-covid-19-temporary-employer-employee-relief-scheme-ters/).
The primary change provided for in the Direction is contained in clause 4.2 which provides as follows:
“4.2. In order to prove that an employer is unable to make alternative arrangements for vulnerable employees to work from home or take alternative measures, and to prove that an employee is in quarantine or isolation and is entitled to benefits the following is required of the employer;
4.2.1 Must submit the categories of data in (a) to (e) below to the National Institute for Occupational Health in the manner set out in the National Department of Health Guidelines:
a. each employee’s vulnerability status for serious outcomes of a Covid-19 infection;
b. details of the Covid-19 screening of employees who are symptomatic;
c. details of employees who test positive in terms of a positive laboratory test for the Covid-19 virus;
d. details of employees identified as high risk contacts within the workplace if a worker has been confirmed as being positive; and
e. details on the post-infection outcomes of those testing positive, including the return to work assessment outcome.
4.2.2 The employee declaration returns by the employer will confirm loss of income and thus inability to make alternative arrangements for the affected employees.”
The Direction is deemed to commence on 16 October 2020 and remains in operation until 15 March 2021.
Latest News
A brief retrospective on two cases about UIF and asylum seekers
By Dakalo Singo, Director Introduction The end of February 2020 marks the anniversary of an important court victory which confirmed [...]
South African Airways – Business rescue practitioners hold the reins
By Bradley Workman-Davies, Director The fate of South African Airways remains inscrutable, and recently there appears to have been some [...]
A horse by the same name?
By Janine Hollesen, Director The High Court in Pretoria has recently ordered the cancellation of numerous trade mark registrations for [...]
The Tax Implications of eliminating Treasury Shares
By Ryan Killoran, Director It is fairly common for a subsidiary company to hold shares in its holding company, colloquially [...]
2020/2021 Budget Proposals – Tax Overview
By: The Werksmans Tax Team INTRODUCTION From 2015/2016, year on year there have been upward adjustments to the various [...]
Tax Implications of CCMA Awards, Labour Court Orders or Settlements
By Michiel Heyns, Senior Associate and Nicholas Fairbairn, Candidate Attorney Reviewed by Doelie Lessing, Director and Jacques van Wyk, Director [...]
