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I have just been retrenched, what should I do with my pension money?

It depends on your age, but if you are younger than 55, you may want to consider a preservation fund or retirement annuity. To transfer your pension money to any of these products is tax free. For more information, contact Solidarity Financial Services at advies@sfdienste.co.za  

I would like to start building up an emergency fund, but how much would be enough?

It depends on your personal needs and what expenses you have to pay for in your budget, but a good guideline would be three to six times your monthly expenses.

I have a small business and I am going to have to retrench people. Can the emergency fund help me prevent this?

Yes, it could, but it is also important to take into account how the emergency fund works and what the terms and conditions are.

I am close to retirement. With the markets bleeding due to the corona crisis, will I have enough for my retirement?

It is important to take into account that markets recover over time. When looking at pension money close to retirement, it is important to put in place a diversified portfolio in line with your retirement needs. For more information and financial advice, contact Solidarity Financial Services at advies@sfdienste.co.za  

What investment measures, if any, can I put in place to mitigate the impact of the crisis on my investments?

In the first place, review the goal of the investment. If the asset classes are in line with the need, just remain calm. However, this would be the most difficult proactive decision to make.

I am a pensioner. Must I start looking for a job again? How will the crisis affect my retirement funds?

Retirement funds are influenced by the type of pension product that has been decided upon. If the pension funds were invested in a life annuity, the retirement income will be guaranteed for life and the current situation in the markets will not have any effect on that.

However, if the funds were invested in a living annuity, fluctuations in the market can have an impact, but this depends on how the product has been structured and how it is diversified between asset classes.

I must cut my expenses. Which insurance should I cancel first?

First, try to get alternative quotes with reduced cover before cancelling the policy.

I just lost my job because of the crisis, and I don't know where to start. How does my income protection work?

Income protection focuses on temporary and permanent disability. The purpose of this type of cover is to protect our income if we lose the ability to actively generate income due to illness or injury. There are insurers in the market that offer fringe benefits such as retrenchment products, but this comes at a premium. Please review the policy to determine if a retrenchment product is linked to it.

My job is an essential service during this time of crisis. What will my income protection entail if I get Covid-19?

Insurers will assess the medical implication should a diagnosis of Covid-19 be made. Keep in mind that the purpose of this type of cover is to protect your income if you lose the ability to actively generate the income due to illness or injury.

I cannot work from home and I am now in isolation. Will income protection be of any help in this case?

This will depend on the product itself. Contact your financial adviser or the insurer.

I am already in bad health. If I should die because of Covid-19, would it have any impact on my death benefits? Will my family have enough and how do you calculate it?

The description of the death benefits is of key importance here. If a complete description was given when the product was taken out, and the product covers natural and / or unnatural death, there should be no change. However, it would be in your best interests to review the policy with your financial advisor or directly with the insurer.

Why independent financial advice?

Over the past few weeks, there have been tremendous shifts in world markets and the South African stock exchange. Highlights discussed in the media include the effect of Corona 19, the gasoline price war and of course the national ‘’Lockdown’’.

All the uncertainty leads us to the question, what should we do now?

Read more here

Where do I start with my personal financial planning in these uncertain times?

Start with your budget. Your budget forms the basis of any financial planning, but when was the last time that anyone told you how to draw up a budget? The most important rule for your budget is to spend less than you receive.

Lees meer hier

How should I save for my child’s future?

As a parent, many responsibilities rest on our shoulders, and some of the responsibilities include to ensure that our children are provided with the best possible opportunities to pursue their dreams. This brings us to three important questions every parent should ask and answer as early as possible.

Read more here

Where do I start with my retirement planning?

Start with your budget. Your budget forms the basis of any financial planning, but when was the last time that anyone told you how to draw up a budget? The most important rule for your budget is to spend less than you receive.

Read more here

*Please note that this document will be updated on an ongoing basis in line with updates received from the Department of Employment and Labour (DEL).
*Updated: 15 April 2020

A) Introduction

Does the Department of Employment and Labour (DEL) provide for specific financial relief to employees and employers as a result of the Covid-19 pandemic?

Yes. The UIF benefits (see Section B) and National Disaster Benefits (see Section C) are two types of financial relief available to employees and employers during the Covid-19 lockdown period, and thereafter.

B) UIF Benefits
(Closure for a short period / Reduced working time / Illness)

Under what circumstances will employees qualify for ordinary UIF benefits linked to Covid-19?

  • Instances where companies decide to close for a short period as a pre- cautionary measure.
  • When a UIF contributor employed in any sector loses his or her income due to reduced working time, despite still being employed; or
  • Where a UIF contributor must be self-quarantined for 14 days and/or in special circumstances, for more than 14 days.

Closure for a short period and/or reduced working time:

Is it necessary for the employer to inform the DEL if a company is going to close for a short period or retrench employees due to Covid-19?

Yes. During instances where companies must close for a short period, the employer must inform the DEL. The DEL’s Rapid Response Team will visit and/or contact the companies to provide the necessary assistance with the application and payment of the applicable benefit.

What are the contact details for the Rapid Response Teams?

Rapid Response Teams:

  • Eastern Cape: Philiswa Madikazi - 043 701 3342
  • Free State: Morgan Ramatsetse - 051 505 6362/6200
  • Gauteng: Dingaan Basimane - 011 853 0303
  • KwaZulu-Natal: Gugu Khomo - 031 366 2012
  • Limpopo: Ronet Landman - 015 290 1703
  • Mpumalanga: Evelyn Mokoena - 013 655 8742
  • Northern Cape: Adv Bulelani Gwabeni - 053 838 1554
  • North West: Selete Qhamakhoane - 018 387 8178
  • Western Cape: Tony Lamati -       021 441 8054

What forms need to be completed in the case of reduced work time?

  • UI 2.1 (attached)
  • UI19 and UI2.7 (Completed by the employer – attached)
  • UI 2.8 (banking details form completed by the bank – attached)
  • A letter from the employer confirming the company’s shutdown or employee’s “temporary lay-off” due to the coronavirus.
  • Copies of employee’s ID document

What benefits will be paid during the lockdown period?

  • The accumulation of credits is at the rate of 4:1 (for every 4 days worked and contributed, 1 day’s credit is accrued) in a 4-year cycle from the date of unemployment up a maximum of 365 days.
  • The maximum Unemployment Insurance (UI) benefit will be paid as per the benefit structure if the employer pays R 0,00 to the employee during the shutdown period.
  • However, if a certain Rand value is paid during the shutdown period, then the UI benefit will be reduced (the difference between the benefit level and amount received as income).

Self-quarantined, illness or death:

What happens if the company decides that an employee must be self-quarantined?

In cases where companies decide that an employee must be self-quarantined for 14 days due to the Covid-19 pandemic, and/or in special circumstances for longer than 14 days, the employee shall qualify for the UIF illness benefit.

What documents need to be submitted by the employee to apply for benefits relating to Covid-19 self-quarantine or illness?

  • A confirmation letter from both the employer and employee must be submitted together with the illness application as proof that both the employer and employee have agreed to the 14 days of pre-cautionary self-quarantine.
  • Benefits will be paid based on the two letters mentioned above.
  • Should an employee be quarantined for more than 14 days, a medical certificate from a medical practitioner must be submitted together with the Continuation Form UI3 (attached) for payment.

What forms and documents are required for Covid-19 self-quarantine or illness claims?

  • UI2.2 (medical portion to be ignored)
  • UI19 and UI2.7 (to be completed by employer)
  • UI 2.8 (banking details completed by the bank)
  • Copy of ID document.
  • Employer / Employee confirmation letters

How much will an employee receive for a Covid-19 illness claim?

  • The accumulation of credits is at the rate of 4:1 (for every 4 days worked and contributed, 1 day’s credit is accrued) in a 4-year cycle from the date of unemployment up to a maximum of 365 days.
  • The maximum UI benefit will be paid as per the benefit structure if the employer pays R 0,00 to the employee during the quarantine period.
  • However, if a certain Rand value is paid during the quarantine period, then the UI benefit could be reduced (the combined value should not be more than the remuneration the employee would have received if not quarantined)
  • UI3 to be completed at the expiry of the 14 days for payment to be executed into the employee’s bank account
  • If the period stretches beyond 14 days, a further UI3 is required with the completed medical portion for payment into employee’s bank account.

How does an employee lodge an application for illness?

  • A claim for illness as per the stated scenario can be lodged online at: www.ufiling.co.za. (Illness benefits)
  • Or email or fax the illness application to the nearest UIF processing centre.
  • Application forms not attached to this document can be downloaded from the DEL website: www.labour.gov.za

To whom does an employee submit the claim?

  • Germiston - BCP@labour.gov.za - 0864397295
  • Pietermaritzburg -BCP@labour.gov.za - 0864397296
  • East London - BCP@labour.gov.za - 0864397299
  • Cape Town - BCP@labour.gov.za - 0864397300
  • George - BCP@labour.gov.za -0864397301
  • North-West - BCP@labour.gov.za -0864397302
  • Limpopo - BCP@labour.gov.za -0864397303
  • Mpumalanga - BCP@labour.gov.za -0864397304
  • Free-State - BCP@labour.gov.za -0864397305
  • Durban - BCP@labour.gov.za - 0864397297
  • Port Elizabeth - BCP@labour.gov.za 0864397298
  • Northern-Cape - BCP@labour.gov.za - 0864397309
  • Johannesburg - BCP@labour.gov.za 0864397294
  • Pretoria - BCP@labour.gov.za -0864397290

Can there be a claim for an employee that passed away as a result of a Covid-19 infection?

Benefits are paid to the beneficiaries of the deceased. Beneficiaries eligible to apply for deceased benefit are the surviving spouse, life partner, children of the deceased or the nominated persons, in that order.

Will a different procedure be followed for a Covid-19 related death claim?

The current deceased application process and practice will remain as is for now, until indicated otherwise.

What forms need to be submitted for a death claim?

  • UI19 and UI 53 (completed by the employer)
  • UI 2.5 or UI2.6 (deceased application)
  • Death certificate
  • Copy of ID of deceased and applicant
  • UI 2.8 (banking details completed by the bank)

How do you lodge a death claim?

  • A claim for deceased benefits can be lodged by emailing or faxing the deceased application to the nearest UIF processing centre.
  • Application forms can be downloaded from the DEL website: www.labour.gov.za
  • The email and fax numbers are as stated above (Application for Illness)

C) National Disaster Benefit

When does the National Disaster Benefit apply?

  • When the employer is forced to close its business for a period and send employees home as a direct result of the coronavirus (COVID-19) pandemic, this benefit applies.
  • The above action then constitutes a temporary lay-off, and if the employer cannot pay the employees for this period, the employer can apply for the “National Disaster Benefit” from the UIF.
  • This benefit will be de-linked from the UIF’s normal benefit structure and UIF benefit calculations.
  • This benefit to employees will be at a flat rate equal to the minimum wage (R3 500) per employee for the duration of the shutdown or a maximum period of three months, whichever period is the shortest.
  • When an employee is ill, temporarily laid-off or unemployed for longer than three months, the normal UIF benefits as explained above will apply, unless the DEL states otherwise.
  • An employer or employee cannot apply for the “National Disaster Benefit” and any other UIF benefit simultaneously.

Who does the National Disaster Benefit apply to, and what does it entail?

  • It is applicable to employees who will be unpaid during lockdown as a result of Covid-19.
  • However, employers with 10 and more employees apply to the Unemployment Insurance Fund (UIF) for this benefit on behalf of the employees. In companies with fewer than 10 employees, the employees themselves will apply. Bargaining Councils will also be entitled to apply on behalf of employees represented by the Council.
  • Employers can supplement the benefit.
  • The employer is required to pay the benefit to employees within 48 hours of receiving the monies from the UIF
  • Employees will receive a minimum payment of R3 500,00 and maximum payment of R6, 730.
  • This benefit does not deplete employees’ individual UIF credits as other UIF benefits do.
  • An employer whose employees are entitled to receive covid-19 benefits provided by the Unemployment Insurance Fund during the period of lockdown from a bargaining council may not make an application in terms of the Scheme and the employees of that employer may not receive any payment in terms of the Scheme than through the bargaining council.

What forms and documentation need to be completed in order to apply for the National Disaster Benefit?

  • UIF Forms UI19, UI2.7 (To be completed by the employer)
  • UI2.1 (Employer Application Form)
  • UI2.8 (To be completed by the bank).
  • A copy of the employee/s ID
  • A letter from the employer confirming that the shutdown is due to Covid-19.

Specific benefits under the National Disaster Benefit:

What specific benefits does the National Disaster Benefit provide for?

It must be noted that there is a great deal of uncertainty surrounding this matter due to conflicting regulatory changes and the situation may change again.
At this stage, and in addition to the Covid-19 illness benefit dealt with above, the National Disaster Benefit linked to Covid-19 and the lockdown provides for two other forms of relief for employers who are registered with the UIF, namely:

  • Temporary Employee / Employer Relief Scheme (C19 TERS)
  • Reduced Working Time (RWT).
    • Employees may benefit from both at the same time, depending on the particular facts in the workplace.

Reduced Working Time (RWT):

What does RWT entail?

  • RWT refers to when a company implements reduced or short time.
  • The benefit payable is the difference between what the employer pays and the normal UIF benefits payable should an employee lose employment.
  • Employees will then receive a top-up payment from the UIF at the permitted scale for as long as the employee has available UIF credits. 
  • Amounts payable will vary depending on the circumstances in each case and are capped.

What forms and documentation need to be completed by the employer in order to apply for the Reduced Working Time?

  • UI19, UI2.7 (To be completed by the employer)
  • UI2.1 (Employer application)
  • UI2.8 (To be completed by the bank
  • A copy of the employee’s ID
  • A letter from the business confirming that reduced working time has been implemented due to Covid-19 measures.

What benefits will be paid to the employee?

  • For every 4 (four) days worked the employee accumulates 1 (one) credit day, and the maximum credit days payable are 365 for every 4 (four) completed years.
  • Benefits are paid as per the prescribed benefits structure from 239 to 365 days.

Covid-19 Temporary Employee/Employer Relief Scheme (C19 TERS), 2020

When does the C-19 TERS apply?

  • Should an employer (registered with the UIF), as a direct result of the Covid-19 pandemic and the subsequent lockdown announced by Government, close its operations for a 3 (three) month or lesser period, the company shall qualify for a Covid-19 Temporary Relief Benefit.
  • This benefit will be de-linked from the UIF’s normal benefit structure and therefore, the normal rule that for every four (4) days worked the employee accumulates one (1) credit day and a maximum credit of 365 payable days for every four (4) completed years, will not apply.
  • Employees will receive wage payments through the Temporary Employee Relief Scheme in order to avoid retrenchment.

What does the C-19 TERS benefit entail?

  • This benefit will be de-linked from the UIF’s normal benefit structure and UIF benefit calculations.
  • The benefit will pay for the cost of salaries for employees during the temporary closure of a business.
  • The salary benefit calculations will be capped to a maximum amount of R17 712 per month per employee and an employee will be paid in terms of the income replacement rate sliding scale (38%-60%) as provided in the Unemployment Insurance Act.
  • Should an employee’s income fall below the minimum wage of the sector concerned, the employee will be paid a replacement equal to the minimum wage of the sector concerned.
  • An employee who is being paid his normal remuneration by the employer during this period is not entitled to this benefit.

How does a company apply for the C19 TERS benefit?

  • The employer should report the closure via e-mail to Covid19ters@labour.gov.za to receive the outlining of the application process. The UIF Covid-19 hotline number is: 012 337 1997, or the alternative number is: 0800 030 007, which operates from Monday – Friday between 08h00 – 17h00.

Temporary Relief Scheme (TERS) implemented in December 2019

What is the difference between the TERS of December 2019 and the Covid-19 TERS?

  • On 26 March 2020, the DEL issued a directive in terms of the Disaster Management Act, 2002 making provision for the C19 TERS (see above). This directive did not replace the very similar Temporary Employer / Employee Relief Scheme (TERS) that came into effect on 11 December 2019. The benefits provided for in both these temporary relief schemes should therefore be accessible to employers and employees.     
  • In terms of the TERS that was implemented in December 2019, the UIF may fund distressed companies.
  • Under this TERS the distressed company must be fully compliant with UIF legislation and able to demonstrate its willingness to embark upon a turnaround or sustainable programme which will result in job preservation.

How does an employer apply for the TERS benefit?

  • Where a company also requires a training intervention over and above a wage subsidy, the employers apply to the Bargaining Council in order to access a SETA training programme for employees to avoid retrenchments. Numerous qualifying criteria must be met, which will be addressed through the application process.
  • Employers will be required to pay employees a basic wage throughout training.
  • Employees will receive a top-up payment from the UIF. Amounts payable will vary and are capped.
  • Employer/s who have to enforce lock down as regulated and who might require financial assistance from the UIF should access information regarding available funding through a dedicated mailbox: infoTERS@labour.gov.za or enquiries should be send to TERS@labour.gov.za.
  • On receipt of a request, an automated response will be sent outlining the procedure and documents/information required by the Fund to process application.
  • The UIF will assist all employer/em­ployees/Bargaining Councils through their hotline contact number that is 012 337 1997.

What are the key documents that will be required?

  • A letter of authority, on an official company letterhead granting permission to an individual specified to lodge a claim on behalf of the company
  • MOA (completion of the memorandum of agreement between the UIF, the bargaining council and the employer)
  • A prescribed template that will require critical information from the employer
  • Evidence/payroll as proof of last three months employee(s) salary(ies)
  • Confirmation of bank account details in the form of certified latest bank statement.

What does the submission process involve?

  • Submit/transmit all documents as required to the UIF via dedicated mailbox covid19claims@labour.gov.za
  • NB: If the spreadsheet is complete, valid and accurate, it will be dumped into an automated calculator to produce the benefit amount due to the beneficiaries and the total amount to be transferred to the employer or bargaining council or whichever method agreed.

What is the final step?

  • Conclusion of the MOA between parties.
  • Payment will only be affected after MOA sign-off between the Fund and the employer/bargaining council.

D) UIF – General Matters

Will each application referred to in this document be granted automatically?

No, each option requires an application process and qualifying criteria that will have to be met.

Can I expect challenges during the application process due to the lockdown?

Yes, the administration of this process may be challenging during the lockdown. Processing is also likely to be delayed given the enormous demand, and relief may not be instantaneous.

Can my trade union apply for any of the benefits on my behalf?

No.

A trade union can assist, but all applications referred to in this document can only be submitted by an employee, or employer where applicable, or the family of a deceased person.

Clients who are already receiving unemployment insurance benefits are normally expected to go to Labour Centres on a monthly basis to sign a continuation form, which serves as proof that the client is still unemployed. Is this still a requirement during the lockdown period?

No.

To avoid movement and reduce contact, clients will be contacted via short message service (sms) functionality for them to confirm unemployment status and banking details. This sms functionality will only be applicable for the lockdown period.

What about an employee who falls ill with Covid-19 as a result of exposure to the virus at the workplace?

Any employee who falls ill through exposure at their workplace will be paid through the Compensation Fund.

Will the UIF be utilised for other forms of support to employees?

When President Ramaphosa announced the national lockdown, he indicated that: “In the event that it becomes necessary, we will utilise the reserves within the UIF system to extend support to those workers in SMEs and other vulnerable firms who are faced with loss of income and whose companies are unable to provide support. Details of these will be made available soon”.

Where can I obtain more information or regular updates?

Follow @DeptofLabour and @UIFbenefits on Twitter or visit the website of the Department of Employment and Labour (DEL): www.labour.gov.za

Is there another way to submit a claim to the UIF?

Yes. Claims applications can also be done online at www.uFiling.co.za, the Guide to Electronic Claims is available on www.labour.gov.za

May the employer charge and dismiss me on disciplinary grounds during this period?

Dismissal, as contained in the Labour Relations Act, provides that an employer has to comply with certain key aspects before an employee may be fairly dismissed. Regarding a fair disciplinary procedure, item 4(4) provides that in exceptional circumstances, if the employer cannot reasonably be expected to comply with these guidelines, the employer may dispense with pre-dismissal procedures.

The mere outbreak of the coronavirus cannot be used as the sole reason for deviating from the minimum requirements protecting an employee’s rights in respect of a fair procedure.
For reasons of fairness, however, the employer’s operational efficiency and service requirements also have to be considered when adducing exceptional circumstances.

While it is not necessarily possible under the current state of lockdown to comply with prescribed disciplinary procedures, an employee should still be allowed his or her right to be heard before he or she may be found guilty of misconduct.

We want to encourage you to contact our Service Centre on 0861 25 24 23 in the event of your employer taking unfair disciplinary action against you during this lockdown period.

What happens if the employee and the employer cannot reach an agreement?

Here we refer to the special National Disaster benefit announced by the Minister of Employment and Labour, Thulas Nxesi, about which the Department will make more information available. Should there be a dispute, the Commission for Conciliation, Mediation and Arbitration (CCMA) or the Court would have to consider the merits of each individual’s case and/or, as explained above, whether or not the measure of fairness and equity was maintained in these unique circumstances.

What is special leave and how does it work?

Each employer also has the discretion to implement a special type of leave for this case, which will then be paid leave on top of the annual leave as provided for in section 20 of the Basic Conditions of Employment Act. An example of such a special leave is paid study leave which is not deducted from your annual leave.

May my employer force me to take unpaid leave? ?

What is important about the concept of fair labour practice (as contained in the Constitution) is that is must be fair to both the employee and the employer. In this way, it is unfair that each employee is just left without payment and it is unfair that each employer must pay for services that cannot be rendered. Considering the lockdown situation and abovementioned, our advice is currently to reach an agreement with the employer on the payment of leave and salaries.

Solidarity has repeatedly emphasised the principle of fairness and equity, and it is now of crucial importance that this principle must be applied by both the employer and the employee. We briefly mention the establishment of a new National Disaster benefit from which employees can claim along with the existing sickness benefit, shortened workhours benefit and the unemployment benefit from the Unemployment Insurance Fund (UIF).

May my employer force me to take leave?

Yes, your employer can force you to take normal leave. The Basic Conditions of Employment Act determines that annual leave must be taken in accordance with the agreement between the employer and the employee, or when there is no agreement, at a time determined by the employer.

Is my employer obliged to pay my salary during the lockdown period?

What is important about the concept of fair labour practice (as contained in the Constitution) is that it must be fair to both the employee and the employer. The lockdown situation will inevitably mean that losses of thousands of Rands will be suffered. Thousands of people are going to suffer damage and the question is who will bear what amount of damage. This includes employers and employees – everyone. Therefore, Solidarity’s approach is that in order to maintain equity, employers must reach an agreement and consensus with the employees. We consider the law and take into account common law, law of contracts, labour law and regulations and in these circumstances, it will be the appropriate solution.

May my employer place me on unpaid leave until 16 April?

What is important with regard to the concept of fair labour practice (as contained in the Constitution) is that it must be fair to both the employee and the employer. Therefore, it would not be fair if all employees are simply left without pay, and it would also not be fair if all employers must necessarily pay for services that cannot be rendered. Therefore, with regard to the shutdown situation and taking the above taken into account, our current advice is to make a serious effort to come to an agreement with the employer regarding the payment of leave and salaries.

Solidarity has repeatedly underlined the principle of fairness and equity, and it is now of crucial importance that this principle (as prescribed by our Constitution) must be applied by both the employer and the employee. We briefly mention the possible availability of a new National Disaster Benefit that employees can claim along with the existing sickness benefit, reduced working hours benefit and unemployment benefit of the Unemployment Insurance Fund.

May my employer adjust my salary during the shutdown period??

If a fair process was not followed, and for operational reasons, it could amount to a unilateral change in the conditions of employment, which the employer may not do. What is important with regard to the concept of fair labour practice (as contained in the Constitution) is that it must be fair to both the employee and the employer. The lockdown situation will inevitably mean that losses to the value of thousands of rands will be incurred. Thousands of people will suffer damages and the question is who should bear what amount of damage. This includes employers and employees – everyone. Therefore, Solidarity's approach is that in order to ensure fairness, employers should reach consensus and an agreement with their employees. We consider the law, and we take into account common law as well as labour legislation and regulations, and under these circumstances this should be the appropriate solution.

Can I claim for UIF during the shutdown period?

Yes you can.

Employees qualify for ordinary UIF benefits linked to Covid-19 under the following circumstances

  • Instances where companies decide to close for a short period as a pre- cautionary measure.
  • When a UIF contributor employed in any sector loses his or her income due to reduced working time, despite still being employed; or
  • Where a UIF contributor must be self-quarantined for 14 days and/or in special circumstances, for more than 14 days.

For more questions and answers regarding the Unemployment Insurance Fund and Covid-19, visit the UIF section above.

UIF applications can be made online. See www.ufiling.co.za for information in this regard.

My employer says “no work, no pay”. Which fund can I approach for compensation? I am a single mom with three children.

Currently, the Unemployment Insurance Fund (UIF) can be approached in terms of section 12 (1B) of the Basic Conditions of Employment Act (BCEA) for the benefit for shortened hours. This benefit covers a contributor to the fund who loses his or her income due to shortened working hours but who is still employed. This corresponds to situations where the employer must temporarily close. If the contributor is ill, an application for sickness benefits can be made to the same fund.

Can my employer force me to take all my leave during the shutdown period?

Unfortunately, yes. We would rather use the word “compel” than force. The Basic Conditions of Employment Act (BCEA) stipulates that annual leave (remember, it is paid leave) must be taken in accordance with an agreement between the employer and the employee, or if no such agreement exists, at a time stipulated is by the employer. It is not uncommon for employers to agree in advance that employees are placed on compulsory leave during a shutdown. Section 20 (10) (b) of the BCEA therefore implies that the employer has the final discretion if there is no agreement.

May my employer dismiss me during the shutdown period?

Yes.

In terms of section 188 of the Labour Relations Act, redundancy must be in accordance with a fair procedure and for just reasons. Provided these two requirements are met, it is possible that employees may be dismissed during a shutdown period. In practice, this means that, as in normal circumstances, an employee will be informed by e-mail or other digital media of charges against him or her, given a reasonable time to prepare, be given the right to witnesses and an interpreter, and during a hearing held through digital media, appear before an impartial chairman. The onus will rest on the employer to ensure that the dismissal was fair, but it is entirely possible.

We have been told we will be laid off because of the corona virus. My boss says he doesn’t care what we do, according to him the CCMA is closed.

The CCMA issued a Directive on18 March 2020 indicating that all face-to-face procedures have been stopped and that new disputes must be served and referred electronically. This merely means that people cannot go to the CCMA buildings during the period in question; it does not mean that the CCMA will no longer render any services at all. It will still be possible to refer disputes to the CCMA.

If the employer intends to start with retrenchments, he will still be bound to comply with sections 189 and 189A of the Labour Relations Act. These sections stipulate the reasons and the procedure for fair retrenchment. Then the employer will have to give all employees who may be affected notice in terms of section 189(3). Among other things, the reason for the retrenchment must be stated in the letter. The employer will have to explain what the effect of the virus on the business was and why it led to retrenchment.

This must then be followed by a process of consultation, and among other things the employer can then propose alternatives to retrenching employees. The employees could propose that the employer approach the necessary forums that can offer assistance to small and medium enterprises aimed at preventing retrenchments. The employer will then have to respond to the employees’ alternatives and furnish reasons why they would not prevent retrenchments.

If the employer retrenches employees and these sections have not been complied with, it will still be possible to refer a case of unfair dismissal to the CCMA electronically.

If I am on compulsory leave that is deducted from my annual leave and I fall ill in the meantime, can I ask for my sick leave to be used for it? I am afraid I might end up not having enough regular leave left.

Annual leave is governed by Section 20 of the Basic Conditions of Employment Act. Section 20(5) of the Act specifically states that an employer may not demand or allow an employee to take annual leave during any other leave period to which the employee is entitled in this Chapter. The Chapter referred to here includes sick leave, among others.

If you were on annual leave and a medical practitioner declares you medically unfit to do your work, and the necessary proof is received and given to the employer, the employer will therefore have to change that leave into sick leave and your annual leave will have to be restored.

Our work is closing down and everybody has been sent home. Must I still be paid? The boss already hasn’t been at work since Monday.

If the employer asked you not to come to work before the lockdown, but you could and did keep rendering your services, the employer will have to pay you for those days. If you worked from home, you will have to be compensated for those days. If you did not work from home, but informed the employer you are still prepared to render your services, you will have to be compensated.

If you do not render an essential service and your employer is affected by the lockdown, the situation is different.

If it's possible for you to work from home, we suggest you conclude an agreement with the employer that you will be working from home. As you will still be rendering your services, the employer will have to compensate you.

If you cannot work from home, you will not be compensated for this period. This is on the basis of the “no work, no pay” principle. You cannot render your services due to circumstances beyond your and your employer’s control.

If you are not going to be compensated nevertheless, you have two options. You can lodge a claim with the Unemployment Insurance Fund, or you can apply for annual leave. If you have insufficient leave credit, you will be able to claim compensation from the UIF for the days you didn't work.

The best solution will be if you and your employer can reach an interim agreement that will be beneficial to all parties. We have never been confronted with this situation, and we need everybody to cooperate in combating it.

If I get the disease at work, who should pay for all my medical expenses? Now I will probably also be stuck without a salary while I am quarantined. Who is going to compensate me for this?

Unfortunately, the risk for the occupation is huge, and it is clear from the Government Notice published by the Compensation Commissioner on Friday, 2 March 2020 in which COVID-19 is recognised as an occupational disease. If a member suspects they have Covid-19, the employer must report it as an occupational disease online. The first medical report and the progress report are very important.

Section 65 of the Compensation for Occupational Injuries and Diseases Act (No. 130 of 1993) provides for two types of occupational diseases: those listed in Schedule 3 of the Act and other diseases not specifically listed, but with a sufficient causal relationship between the disease and the work. Therefore an employee will have to prove a causal relationship between his daily services and the acquisition of the disease. If this relationship cannot be proved, you will not be compensated by the Commissioner.

This can also entail that the presumption in s. 66 of the Act is applicable. The significance of the presumption is that it will be for the Commissioner or employer to prove that the disease was not acquired in the course and execution of service.

Clause 66 reads as follows:
66. Presumption regarding cause of occupational disease

If an employee who has contracted an occupational disease was employed in any work mentioned in Schedule 3 in respect of that disease, it shall be presumed, unless the contrary is proved, that such disease arose out of and in the course of his employment.

Schedule 3 of the Act defines “work” as follows:
5. Work is defined as:

  • All work involving the handling and/or exposure to any agent(s) mentioned in the List of Occupational Diseases; and/or
  • Any work involving the handling and/or exposure to certain agents/work processes mentioned in the List of Occupational Diseases.

Covid-19 is a notifiable disease, and the same rules apply that the employer must pay 75% of the salary. To date, only temporary total disability (TTD) is approved for 30 days. So the employer has to pay at least one month’s salary. The employer will then be allowed to claim from the Commissioner. The member can also claim via the Commissioner, but the Compensation Commissioner’s payments take longer. And the claimant will have to furnish proof that he contracted it at work.

The Occupational Injuries and Diseases Act (No. 130 of 1993) has provided for the Covid-19 virus and compensation will therefore be paid, but only for 30 days. Medical costs arising from infection with the Covid-19 virus are also covered by this Act, again for 30 days only.

What’s now going to become of my medical fund contributions if the employer can no longer pay my salary and medical fund? I am the sole breadwinner and have two dependent children. We are going to need the medical fund if someone falls ill. We are very worried.

Contributions to a medical fund usually form part of your total cost package and fall under benefits. In the normal course of events, where one does not have to cope with a disaster such as COVID-19 and where employers want to change or even cancel benefits, they will first have to consult with you as an employee and must even obtain your consent. If such an employer then proceeds and changes your benefits without permission, it will constitute an unfair labour practice as regards benefits, as provided in Section 186(2)(a) of the Labour Relations Act. This will then give you as the employee an opportunity to refer the dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA).

Although we are confronted with COVID-19, the labour laws still remain the same, and employers must still comply with them. Employees must continue to act fairly and equitably. However, the current situation is not normal. By this, we mean that the employer may not now be able to conduct a proper process of consultation to discuss the change in benefits, as the state put everyone under lockdown in just a few days. The situation we find ourselves in now cannot be ascribed to one party.

Employers and employees must work together to find a middle road. In the present case, the reasonable response will be for both parties to discuss the matter and see if they can come to an agreement. The employer, and you as employee, have been put in this situation by the state because it was compelled to do so. The isolation we experience will have negative consequences for all parties.

However, if you as employee want to contest such a change in benefits, you will have the right to do it. The result will be that the employer may have to consider lay-offs because of the economic impact this will have on him/her.

My employer said we won’t need to drive so much because many of our clients have shut down, and he says it's not safe now either. Some of us have been already been sent home and work from home, and they don’t drive at all. Now he no longer wants to pay our car allowance, because he says we no longer need it. My car allowance is R2500,00 a month, and I need the money.

One would have to work through the employment contract to check whether the allowance forms part of your remuneration package. If it is, you will be entitled to your full package. But the circumstances we are in at present are unique and haven't occurred since the current labour legislation came into force. In the present situation, fairness will be decisive.

The employer may argue that this amounts to a “vis major” situation. “Vis major” refers to an event beyond the control of either party and renders compliance with the agreement impossible, and the outbreak of the corona virus in South Africa can certainly fall within this definition. 

The relationship between employer and employee is more than an ordinary contract, and where an employer wants to or can only pay a smaller or no salary because of lack of work, consultation and agreement on the way ahead by parties to the contract is required. If no agreement can be reached, no remedies to claim the money will exist.

But if the employer is put under pressure and is financially constrained by the effect of the virus on the economy, the risk arises that the employer may start dismissing employees or even apply for liquidation and close down altogether. In such a situation you will be much worse off, and you will simply have to weigh up the risk. It will be more sensible to negotiate payment in instalments or settlement at a later date.

I work for a private school. The employer wants to take some of our leave at the end of April as well as part of our September holiday to make up for the days the learners aren’t taught. So we don’t get off together with the learners, but lose part of our holiday. Can you please give a bit of advice?

The conditions of employment of employees of private schools are not the same as those of teachers appointed by the Department of Education.

The conditions of employment of private school teachers are governed by their employment contracts. However, they must still comply with the provisions of the Basic Conditions of Employment Act. The employment contracts usually provide for the employer requesting teachers to work during holidays, if necessary. Furthermore, Section 20 of the Basic Conditions of Employment Act stipulate that leave must be taken at a time convenient to the employer.

Now we find ourselves in an unfamiliar and unusual situation. Fairness to both the employer and the employee must be taken into account.

The nature of your work is not such that you can fulfil your regular duties from home, so the employer will be justified to put you on short time, or to apply the no work no pay principle.

Therefore your employer may ask you to take a longer holiday now instead of later this year, and I would advise you to go along with such a request.

Can I claim from the UIF if I have run out of paid leave? After all, the state has money for workers that can’t work, and they probably have some benefit or other one can claim because of the corona disaster.

If you are laid off (temporarily discharged) due to lack of work caused by the effects of the corona virus, you will have the right to lodge a claim with the Department of Labour.

This department’s Unemployment Insurance Fund (UIF) provides for payment of (a) predetermined amount(s), but the following documentation must be submitted as soon as possible:

  1. UI2.1 (application form);
  2. UI-19 and UI2.7 (forms to be completed by the employer);
  3. UI2.8 (completed by your bank);
  4. a letter from the employer confirming that you have been laid off because of the virus;
  5. a copy of your ID document.

You may only submit a claim to the Department on the basis of the virus if –

  1. you are laid off temporarily because of insufficient work due to the virus;
  2. the employer is closing down permanently or temporarily because of the virus;
  3. if the employer is quarantined.

My salary has not been paid. My boss says he has no money and that we're in this corona disaster all together and have to stand together. What do you suggest I should do?

The employer and the employee have a contract with each other, although it does not have to be in writing.

The core of the contract between employer and employee is that the worker supplies the employer with his work ,and in his turn the employer pays him or her. If you delivered work on the understanding that you would receive payment for it from the employer, an employment relationship came into being, unless you intend working as an independent contractor.

The case where because of the virus (or for whatever reason) there was too little or no work is quite a different matter. Here we are dealing only with the case where you simply were not paid even though you did render work.

By not paying you for your services, the employer simply committed breach of contract.

The labour legislation offers a number of remedies that can be resorted to for recovering overdue payments, which include:

  1. An application to the Labour Court for overdue payments in terms of Section 77(3) of the Basic Conditions of Employment Act;
  2. If you earn less than the threshold of R 205 433,00, you are entitled refer the matter to the CCMA in terms of Section 73A of the Basic Conditions of Employment Act;
  3. You may file a claim with the Small Claims Court, provided the amount of the claim is less than R 20 000,00.

Each of the above remedies has its advantages and drawbacks as regards costs as well as time.

Large claims should preferably be dealt with by applying to the Labour Court, while smaller amounts claimed by people with a lower income can be settled quickly by the CCMA.

The effect of all three options is that an award or court order is made that can be enforced against the employer, provided you can prove your claim.

If the employer could be under financial pressure due to the effect of the virus on the economy, it may make more sense to negotiate about payment in instalments or settlement with interest at a later stage rather than to institute proceedings immediately, as a company might close down and apply for liquidation – which can make it more difficult for you to recover your money.

Am I allowed to leave the workplace and take sick leave if I think I show symptoms of the virus?

Sick leave is regulated by sections 22 and 23 of the Basic Conditions of Employment Act. Employees would still have to justify absence without consent by submitting a valid medical certificate if the employee is absent due to illness for more than two consecutive days, or if this is the third case of absence within an eight-week period. If a medical doctor places an employee in quarantine, the employee would get a medical certificate and be entitled to sick leave. Should the employee not have sick leave at his or her disposal, it will be regarded as a period of unpaid leave, unless annual leave is available and be requested that it is used for payment purposes.

Can I place myself in quarantine for 14 days and what are my rights regarding payment?

Except where employers provide for special paid leave in a leave policy, there is no labour legislation that provides for special sickness or annual leave related to an emergency and applies to cases such as the Covid-19 virus. Where you decide yourself to stay away from work, you will not be entitled to payment. Due to the unique circumstances surrounding the virus, certain cases must be approached with caution, and rather on a case-by-case basis, measured by its own merits and based on the core principle of fairness and justness. Employers can deduct sick leave in these cases for the duration of absence. You as employee are entitled to 30 workdays paid sick leave in a three-year cycle.

Can employers oblige me to stay at home and place me in obliged quarantine? What happens if business must close temporarily due to the coronavirus?

Yes, employers and employees can be placed under paid leave. Should you not have any annual leave at your disposal, it can imply unpaid leave, depending of the specific circumstances. As mentioned, employers will be able to provide for special, paid leave in these special cases, in a leave policy.

However, employers will not be able to oblige employees to stay at home without payment. The reason being that it could be a one-sided change in terms of employment, especially because of the employer’s contractual obligation to reimburse the employee if the employee offers his or her services, in other words, is willing, and able to work.

My husband and I am working, and the schools are closed.Can a company oblige us to take unpaid leave to look after the children?

Section 7 of the Basic Conditions of Employment Act makes it clear that employers must thoroughly take into consideration the family responsibilities of employees when determining and regulating the work hours of employees. Thus, the employer cannot refuse you from looking after your children. We emphasise that your children remain your responsibility. However, should the situation exist due to Covid-19, fairness will determine the process.

The question of whether it is paid or unpaid leave, can be determined by an agreement between the employer and employee. However, the employer cannot force you to take unpaid leave if you have annual leave at your disposal. Section 20(6) determines that an employer must give you annual leave if you request it in writing during a period of unpaid leave.

How does the virus affect pregnant women in the workplace?

The Good Practice Code on the protection of employees during pregnancy and after the birth of a child, determines, among other things, that employers must identify, note and regularly evaluate any risks, protective measures and changes to employment rules for pregnant employees in the workplace.

The Good Practice Code on the protection of employees during pregnancy and after the birth of a child, determines, among other things, that employers must identify, note and regularly evaluate any risks, protective measures and changes to employment rules for pregnant employees in the workplace.

My spouse was tested positive for Covid-19 and I am afraid I got it too now. Should I stay away from work?

The Department of Health recommended that, if you show any signs of Covid-19 symptoms, you do not go to your nearest doctor, pharmacy or health practitioner, but that you remain home and phone the Covid-19 emergency number at by 0800 029 999.

We suggest you notify your employer immediately of the situation. Thereafter, your doctor can be contacted telephonically and his/her advice in the circumstances can be asked and followed. We further suggest that the employer remains on top the relevant facts so that you can decide on the right road ahead together.

My employer notified me that some of our employees can be retrenched due to the coronavirus. Can the employer do that?

Should the effect of Covid-19 in any way influence the operational requirements of the employer, the employer can implement a process of retrenchment by reaching out a section 189 notification to employees that can possibly be affected by the retrenchment process.

Section 188 determines that dismissal will only be fair if it is done by a certain process and for the right reasons. Shortly, the answer that an employer may retrench people due to the results and effects of Covid-19 on the workplace, but the employer must follow the section 189- or 189A-process as stipulated in the Labour Relations Act.

Read more here

If you have possibly been in contact with a person who has tested positive for the virus and you have to go into isolation at home, can it be expected of you as an employee to work from home?

Yes, indeed it can be expected of you. But do bear in mind that the employer cannot deduct ordinary leave from the employee, and as the employee you are still entitled to your full remuneration. Employers that put employees on mandatory leave and deduct those leave days from their annual leave may not require the employee to work or allow it to happen. Should you have to go into isolation and the employer expects you to work your normal conditions of employment as per your contract will apply.

You are showing symptoms and cannot go to work, or you are in isolation and have been waiting for your results for two days. What type of leave should be taken in such a case?

In this specific case the employee will have to take sick leave.

Sick leave is governed specifically by section 22 of the Basic Conditions of Employment Act, which stipulates the following, inter alia:
A sick leave cycle is a period of 36 months' employment with the same employer from the date of commencement of employment or the completion of the previous sick leave cycle. During every sick leave cycle, an employee is entitled to the number of days of paid sick leave the employee would have worked during a period of six weeks. For example, if an employee works five days per week, he/she will be entitled to 30 days of sick leave during every sick leave cycle. If an employee’s sick leave is exhausted during the sick leave cycle and he/she falls ill again, annual or unpaid leave will have to be taken.

An employer may, however, refuse to grant paid sick leave if the employee has been absent from work for more than two consecutive days or on more than two occasions during a period of eight weeks, unless the employee can produce a valid medical certificate. Therefore, when an employee shows symptoms of COVID-19, it is important to see a registered medical practitioner and get a valid medical certificate. The certificate should indicate that the employee is unable to work for the period because of the virus.

You’ve tested positive and you are in quarantine. Does this count as sick leave?

Quarantine can either be taken voluntary, in other words, the employee decides to self-quarantine and to stay home of his or her own accord, or the employer instructs the employee to self-quarantine. Otherwise, a medical practitioner may quarantine you.

If you are already sick, sick leave applies.

If you have self-quarantined and cannot provide a sick letter such period could be a period of unpaid leave in terms of section 23 of the Basic Conditions of Employment Act (BCEA).

Should people’s sick leave be extended during the crisis since an infected person might use all their sick leave during recovery?

Currently, there is no provision for extended sick leave and there is thus no obligation towards the employer to pay for it.

An employee chooses to work from home, but the employer is not in favour of it. Can the person’s employer force him or her to take leave during this period?

Section 8 places an obligation on the employer to ensure, as far as is reasonably and practically possible, a workplace that is safe and free of any risk to the health of employees.

Section 14 of the same Act places an obligation on the employee to take reasonable care of his or her own health and safety, as well as the health and safety of other persons.

How this issue will be dealt with remains an open question and would depend on the case in question.

Under normal circumstances the employer is under no obligation to allow an employee to work from home at the request of the employee, even if such permission has been granted to other employees in certain circumstances.

An employee prefers to work half day as his or her children must now stay home. May the employer reduce your salary? May the employer force you to work fulltime?

If the employer allows the employee to work half day the salary would be determined by the terms of the agreement reached between the employer and the employee in such a case. 

However, an employer may require an employee to comply with the initial conditions of their agreement regarding hours of work and as such may thus require the employee to work a full day.

A question we often get nowadays, especially given that the schools have closed earlier, on 18 March, is whether employees are entitled to leave, be it paid or unpaid, to look after their children.

Section 7 of the BCEA makes it very clear that in determining and regulating working hours employers must take employees’ family responsibilities into account. 

However, we want to emphasise that your children remain your responsibility. If the situation arises from Covid-19, fairness will dictate though.

Whether it is paid or unpaid leave could be determined by agreement between the employee and the employer. However, the employer cannot force you to take unpaid leave if you have annual leave at your disposal. Section 20 (6) provides that an employer must grant you paid annual leave if you make such a request in writing during a period of unpaid leave.

The situation will look a little different if your child is ill. Then the employee is entitled to family responsibility leave in terms of the BCEA.

Can anyone who shows any flu symptoms be forced to work from home?

The employer has a duty to ensure a safe working environment for all employees as far as is reasonably practicable. In this case the employer will not act outside the scope of duty by requesting the employee to go home and to only return once he or she has fully recovered.

My little girl is 8 years old and has been showing flu symptoms for 2 days now. I’m trying to cure her with vit. C and Panado syrup. Should I tell my employer? I’m looking after her myself and can’t not go to work.

Section 8(1) of the Occupational Health and Safety Act obliges the employer to ensure, as far as reasonably and practically possible, a workplace that is safe and free of any risk to the employees’ health. In the context of the Covid 19 viral disease, the employer has a clear obligation to control and manage the transmission of the virus. In practice, this means that the employer must see to it that the workplace must remain clean and hygienic, that employees are encouraged to wash their hands regularly and avoid physical contact with their colleagues, service providers and the like as far as possible, adjust the duty to travel (especially internationally) and regularly inform employees of developments related to the virus.

Read the article here.

What is Solidarity Movement emergency fund?

The Solidarity Movement recently established an emergency fund to help especially those who are in social distress as a result of the Covid-19 crisis. Sschool education are under tremendous pressure because of the national state of lockdown. Please note that this is not the Solidarity Fund launched by government.

The funds raised will go towards Solidarity Movement?

Funds raised will be used to support the continuation of school teaching and towards our social system.

How can I become involved with the Solidarity Movement Emergency Fund?

Visit www.krisisfonds.co.za to make a contribution.

What is the “Solidarity Fund”?

The President mentioned in his announcement on Monday that there will be a special fund, Solidarity Fund, made available (the similarities between this fund’s name and the Solidarity Movement’s name is merely a coincidence and we as Movement do not administrate or manage this fund).

President Cyril Ramaphosa has announced the establishment of a fund that will aid in the combat of the coronavirus. “Following consultation with social partners, we have set up a Solidarity Fund, which South African businesses, organisations and individuals, and members of the international community, can contribute to,” said President Ramaphosa.

In a televised address to the nation on Monday night, President Ramaphosa said the fund, which will be chaired by renowned businesswoman Gloria Serobe, will focus on efforts to combat the spread of the virus. It will also aid in tracking the spread and, care for those who are ill. It will also support those whose lives are disrupted.

The fund which is the first phase of the economic response to the virus, will complement what is being done in the public sector .The fund, he said will account fully for every cent contributed and will also boast a board of eminent South Africans to ensure proper governance. “To get things moving, government is providing seed capital of R150 million and the private sector has already pledged to support this fund with financial contributions in the coming period. We will be spending money to save lives and to support the economy,” said the President.

How do I know whether I might have the coronavirus?

The symptoms of the coronavirus initially may seem like those of a usual flu or cold. Common symptoms are associated with the respiratory system and includes coughs, a short of breath feeling and fever. If untreated, infection might lead to pneumonia, kidney failure and, in worst cases, death. Covid-19 is highly contagious.

Which measures can I take to protect myself?

  • Wash your hands often and thoroughly with alcohol based handwash soap or with common soap and water.
  • Maintain a distance of at least one meter between yourself and someone who is coughing or sneezing.
  • Avoid touching your eyes, nose and mouth.
  • Ensure that you, and the people around you are applying proper breathing hygiene. This implies that if you cough or sneeze, you cover your nose and mouth with a tissue or that you cough or sneeze in the cavity of your bent elbow.
  • Remain at home if you feel poorly, especially if you have fever, cough and struggle to breath properly.
  • Affected persons cannot show symptoms and therefore it is important to avoid big groups of people.

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