Legal updates and opinions
News / News
Update: COVID-19 Temporary Employer / Employee Relief Scheme (“Ters”) audit pack
by Jacques van Wyk, Director and Andre van Heerden, Senior Associate
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 were to be conducted by audit firms and were to commence from1 December 2020 for a period of 6 months.
A number of companies have been successful in their bids to conduct the audits. Should a company be audited they can expect to be contacted by one of these companies. The list of firms/service providers can be accessed at the following link: http://www.labour.gov.za/Tenders/Awarded-Tenders.
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. This includes:
-Excel template / CSV file
-Bank confirmation letter
-Letter of authorisation
-Approval / acceptance letter
- Bank statements relating to the application showing funds that were received from the UIF;
- Each employee’s HR file;
- Communication from the company indicating its lockdown periods;
- Payroll report from 1 January 2020 to July 2020;
- Proof of payment to employees; and
- Proof of any refunds made to the UIF.
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.
Latest News
Revisiting Zero-Tolerance Policies: The NBCCI’s Ruling on Cannabis Use
and Hanán Jeppie - Candidate Attorney ISSUE In National Union of Metalworkers of South Africa obo Nyawuza / PFG Building [...]
Whether a workplace policy automatically forms part of or can otherwise be construed as a collective agreement
and Tasreeq Ferreria - Candidate Attorney Issue Whether the Commission for Conciliation Mediation and Arbitration (the "CCMA") was correct in [...]
The South African Reserve Bank tightens “instant payment” framework in South Africa – screen scrapers beware!
Following the COVID-19 pandemic, more people than ever are ordering goods online based on the variety of good and services [...]
FIC publishes Directive 9 to ensure CASPs comply with FATF Recommendations
- reviewer and authored by Slade van Rooyen - Candidate Attorney The Financial Intelligence Centre ("FIC") on 15 November 2024 [...]
Machine managers: AI monitoring in the South African workplace
The impact of AI on the workplace is a rapidly evolving field of study, and South Africa can look to [...]
A Shift in Creditor Protections – The application of Section 34 of the Insolvency Act during Business Rescue Proceedings
Section 34 of the Insolvency Act 24 of 1936 (the "Insolvency Act") has historically safeguarded creditors' interests in South Africa [...]