SEPTEMBER 2020 – SOUTH AFRICA

UIF TERS UPDATE | COID AMENDMENT BILL

It is important that employers note the following:

 

Extension of TERS benefits and the processing of TERS claims | COID Amendment Bill

TERS Directive

On 7 September 2020 a new COVID-19 TERS directive was published in Government Gazette 43693 to extend benefits for certain categories of employees until 15 August 2020.

 

The categories of employees are:

·        Employees not permitted to commence operations under the Disaster Management Regulations;

·        Employees of employers unable to make alternative arrangements for vulnerable workers, such as those working from home or taking special measures under the OHS Direction to protect them;

·        Employees of employers unable to make use of employees’ services because of operational requirements caused by compliance with the National Disaster Regulations and Directions such as rostering, staggered working hours, short time, the introduction of shift systems and the temporary reduction in the employee’s ordinary remuneration.

The Directive commenced on 16 August 2020 and remains in operation as long as the national disaster continues or until withdrawn by the Minister.

TERS Application

On 15 September 2020 the Department of Employment and Labour announced new closing dates for the processing of COVID-19 TERS benefits.

The new dates are:

·        Applications for March 2020 to May 2020 will close on 25 September 2020.

·        Applications for June 2020 will close on 15 October 2020.

·        Applications for July to 15 September 2020 will close on 30 October 2020.

 

No further applications for the respective periods will be accepted beyond the dates specified.

The closing dates will not affect claims that have already been submitted.

Please note that payments are currently still on hold as the fund works to verify about five million identity documents of COVID-19 TERS applications.

COID Amendment Bill

On 10 September 2020 the Minister of Employment and Labour introduced the Compensation for Occupational Injuries and Diseases Amendment Bill to Parliament.

The bill seeks to:

·        Amend, substitute, insert, delete and repeal certain definitions and sections;

·        Provide for matters pertaining to the board and its members;

·        Provide for the commissioner to perform certain functions that were previously performed by the director-general;

·        Further provide for matters pertaining to the rehabilitation, re-integration and return to work of occupationally injured and diseased employees;

·        Regulate the use of health care services;

·        Provide for the commissioner to review pension claims or awards;

·        Provide for administrative penalties;

·        Regulate compliance and enforcement; and

·        Provide for matters connected therewith.

 

Most noticeable is the change to the existing definition of an “employee” to include domestic workers.

 Currently, domestic workers and gardeners are not included in the definition of an employee in the COID Act and can only claim against the Unemployment Insurance Fund.

To view the Bill, follow the link

 

Contact our legislation team at info@crs.co.za if you require any additional information.
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