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
South Africa’s Greylisting: Regulatory authorities make progress on the Financial Action Task Force recommendations
Introduction It has been over a year since the Financial Action Task Force ("FATF") announced that South Africa had [...]
Is your business struggling? Liquidation or Business Rescue are not the only options: The Section 155 Compromise
and researched by Thabani Dlamini - Candidate Attorney Introduction When your business is struggling and creditors are knocking down the [...]
Be careful what you wish for: Lessons from the LAC
On 13 October 2021 the Labour Court ("LC") found the dismissal of the employee to be automatically unfair. This was [...]
An extension of the Parate Executie principle in the liquidation context
Emontic Investments (Pty) Ltd v Bothomley and Others[1] Introduction A Parate Executie clause is generally regarded as an impermissible contractual [...]
Pro Bono Matters
In the past year, our pro bono team and other lawyers from Werksmans worked on a variety of matters across [...]
Business Rescue Trends in 2024 and Beyond
Brandon Starr - Candidate Attorney and Caitlin Steytler - Candidate Attorney With looming elections now scheduled for 29 May 2024, [...]