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
Dismissal for poor work performance: the importance of setting realistic targets and providing assistance in the achievement of such targets
ISSUE(S) The importance of setting realistic targets for employees and providing the employees with resources to reach such targets. [...]
IP transactions and exchange control
In March 2017 the South African Reserve Bank (SARB) proposed certain new exemptions relating to the sale and licensing of [...]
The Protected Disclosures Amendment Act, No 5 of 2017
On 31 July 2017 the President of the Republic of South Africa assented to the Protected Disclosures Amendment Act 5 [...]
The pitfalls of resignation
ISSUE If an employee resigns, then decides to retract her resignation but her employer refuses to allow her to [...]
Enforceability of medical testing as a clause in an employment contract
Pharmaco Distribution (Pty) Ltd v Weideman (JA104/2015) [2017] ZALCJHB 258 (4 July 2017) ISSUE Whether an employer can [...]
Common shareholding and cross-directorship – a competitive conundrum when investing
"VICTORY IS BY NATURE INSOLENT AND HAUGHTY" Cicero The South African economic landscape undoubtedly reflects concentrated ownership structures. An [...]
