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
Company amalgamations and a lender’s security under a mortgage bond
Given the language of Sections 116(7)(a) and 116(8) of the Companies Act any registered mortgage bond in favour of a [...]
Proceed with caution: Transacting with Trusts and Trustees
Our courts have once again sounded the alarm to all trustees and parties transacting with trusts to have regard to [...]
Filling the gaps: examining the procedure to amend a Mining Right under the Mineral and Petroleum, Resources Development Act 28 of 2002.
A significant portion of the transactions that land on the desks of commercial mining attorneys in the Republic of South [...]
Who owns the tailings generated from previous mining activities?
and Mmatshepo Papo, Candidate Attorney In the decision of Mpilo and Zen Holdings (Pty) Ltd v Centurion Mining Company (Pty) [...]
Automatic transfers of employment – the strength of Section 197
Through the introduction of section 197 of the Labour Relations Act, 66 of 1995 (LRA) the idea was introduced into South [...]
Foreign employers, foreign employees and remote workers and South African labour laws – do they always apply?
and Kelly Sease, Candidate Attorney The Labour Relations Act ("LRA") amongst other important functions, regulates the rights of employees whose [...]
