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
ARE YOUR CONTRACTS WITH SUPPLIERS / CONTRACTORS SUFFICIENT TO ENSURE COMPLIANCE WITH POPIA?
By Tebogo Sibidla, Director and Kirsten Whitworth, Senior Associate In anticipation of the coming into operation of the Protection of [...]
PROPOSED TIGHTENING OF THE ANTI-DIVIDEND STRIPPING PROVISIONS
By Erich Bell, Director and Ryan Damon, Candidate Attorney During 2017 and 2018, several changes pertaining to the tax treatment [...]
Red Carded For Playing The Race Card
By Bradley Workman-Davies, Director The issue of race and racial discrimination is well-recognised in South Africa as a problem area [...]
Reinstatement Not Always An Appropriate Remedy
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney ISSUE Whether reinstatement must always [...]
The Risk Of Departing From Disciplinary Guidelines
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney ISSUE The risk of departing [...]
Where The Courts Draw The Line On Making Settlement Agreements Orders Of Court
By Jennifer Smit, Director In the recent Constitutional Court judgment between Buffalo City Metropolitan Municipality ("BCM") and Asla Construction (Pty) [...]
