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
Mandatory vaccinations after the state of emergency is lifted
Consolidated Direction on Occupational Health and Safety measures As has been recently published, the national state of disaster has been [...]
Continuously raising grievances in the workplace held to be a fair ground for dismissal
Raising grievances in the workplace The issue was whether the dismissal of an employee who continuously raised grievances was substantively [...]
Employees signing mutual separation agreements under duress
Signing mutual separation agreements under duress Whether a threat of police action amounts to duress when signing a mutual separation [...]
Dishonesty surrounding the breach of Covid-19 protocols in the workplace is a fair ground for dismissal
Breach of Covid-19 protocols in the workplace Issue Whether dismissal for dishonesty for infringing the employer’s Covid-19 protocols, was procedurally [...]
The pride or prejudice of being a related person to a company?
by Marvin Petersen, Senior Associate co-authored by Jarryd Mardon, Director and reviewed by Pierre le Roux, Director Introduction In terms [...]
Constitutional Court confirms invalidity of Broad-Based Black Economic Empowerment (“BBBEE”) pre-qualification criteria for state tenders
Preferential Procurement Policy Framework Act by Pieter Steyn, Director 1. In September 2020, the Supreme Court of Appeal ("SCA") declared [...]
