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
Back to the Future – Amendment of Rule 18 of the Ethical Rules leaves practitioners in uncertain territory
By Neil Kirby - Director and Head of Healthcare & Life Sciences, Slade van Rooyen - Associate and Farah Yassin [...]
Code Red to Code Regulated: South Africa’s Data, AI and Cybersecurity Shift in 2025, and What’s to Come in 2026?
by Armand Swart, Director, Hlonelwa Lutuli, Associate and Hanán Jeppie, Candidate Attorney South Africa's data protection, cybersecurity, and artificial intelligence [...]
The Gauteng school placements crisis (2026) – Why children are still waiting and what the law says
By Naledi Motsiri - Director and Nothando Nyoni - Associate As the 2026 school year begins, many parents in Gauteng [...]
The Introduction of a Dedicated Insolvency Court in Pretoria
by Eric Levenstein - Director and Head of Insolvency & Business Rescue and Amy Mackechnie - Senior Associate Following the [...]
Regulatory Snapshot: Financial Services and AML
by Hilah Laskov, Director In this article, we lay out the main regulatory and legal developments in 2025 that [...]
The Need to Plead Properly – Patel vs South African Securitisation Programme (RF) LTD & Others (790/2024) [2025] SASCA 186
by Jennifer Smit, Director On 8 December 2025, the SCA handed down a decision in the above matter which [...]
