Legal updates and opinions
News / News
Update: Temporary Employer / Employee Relief Scheme (“TERS”) benefit payment to foreign national workers
by Jacques van Wyk, Director; Andre van Heerden; Senior Associate; and Thabisa Yantolo, Candidate Attorney
On 1 June 2020 the Unemployment Insurance Fund (“UIF“) Commissioner, Mr Teboho Maruping, published a statement on the Department of Employment and Labour’s website relating to the processing of claims for foreign nationals. This statement can be found at: http://www.labour.gov.za/DocumentCenter/Publications/Unemployment%20Insurance%20Fund/COVID%2019%20process%20foreign%20nationals.pdf.
The Commissioner acknowledged that Foreign Nationals do get payment of their TERS COVID-19 benefits later than some South African workers. This is due to the UIF system identifying contributors through the South African Identity Numbers (ID Numbers). Foreign Nationals have to be verified through interaction with the Department of Home Affairs and at times the South African Revenue Service (SARS). The Commissioner also stated that these Departments have worked to eliminate or shorten the delay moving forward.
The Commissioner advised that employers of Foreign Nationals should provide the following details to expedite the verification and payment of the TERS COVID-19 benefit:
- Name and surname of the Foreign National;
- Their ID, passport, work permit number or any other method of identification;
- Proof of how the employee was declared – at UIF or SARS; and
- Attach proof of such declaration and three months’ bank statement showing payment of salary to that staff member.
Latest News
Three cartel cases lost by the competition commission before the competition tribunal – what are the implications for future cases?
By Pieter Steyn, Director In the last two months the Competition Commission has lost three cartel cases before the Competition [...]
The long road to the protection of personal information – No April Fool’s Joke
The Protection of Personal Information Bill was first tabled 12 years ago, in 2009. It was signed into law in [...]
So whose land is it anyway?
By Bulelwa Mabasa, Director and Refilwe Moitse, Associate "We the people of South Africa, declare for all our country and [...]
ROYAL IP
By Donvay Wegierski, Director Prince Harry and Meghan Markle have announced that they are stepping down as "senior royals". This [...]
EMPLOYEES MAY APPROACH THE LABOUR COURT DIRECTLY TO ENFORCE THEIR RIGHTS UNDER THE BASIC CONDITIONS OF THE EMPLOYMENT ACT
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney ISSUE Whether the Labour Court [...]
THE RESTRICTIONS ON A COMMISSIONER TO DEAL WITH A DISPUTE NOT FORMALLY BEFORE HIM
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney ISSUE Whether the commissioner acted [...]
