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
Recent high court case clarifies fronting practices
INTRODUCTION In the recent High Court case involving the Passenger Rail Agency of South Africa (PRASA) and Swifambo Rail [...]
Contentious draft Tax amendments: recent developments
Two of this year's draft tax amendments are extremely contentious. These are the draft amendments in relation to: share buybacks; [...]
Exporters to China remain positive as new balance comes out tops in trade mark tussle
American multinational New Balance has recently been awarded the highest amount in damages to a foreign entity in trade mark [...]
Cleaning house
In the recent judgment of Jordaan and Others v City of Tshwane Metropolitan Municipality and Others[1] the Constitutional Court provided [...]
Are trade mark clearance searches necessary?
INTRODUCTION We are asked by clients on regular occasions whether there is a need to conduct searches of the [...]
Higher qualifications not an automatic reason validating differential pay between employees
ISSUE Whether the employer had unfairly discriminated against farm‑supervisors by grading and paying them less than farm‑foremen who performed [...]
