CRS Technologies (Pty) Ltd

 

SEPTEMBER 2020 – EGYPT

TEMPORARY SOLIDARITY CONTRIBUTION
It is important that employers note the following:

New law approved to introduce a temporary solidarity contribution

The Prime Minister of Egypt proposed a new law which suggests deducting a monetary amount from employees to support the country in dealing with the impacts of pandemics and natural disasters.

The new law, Law No. 170 of 2020, was approved and issued in the official gazette on 13 August 2020. It took effect on 14 August and will be applicable for a period of 12 months.

The law applies to all employees in the private and the public sectors, as well as chairpersons and board members of all public and private entities, whether the relevant employee or person occupies a permanent or temporary position, or acts as an expert, consultant or in any other capacity.

The contribution rates are as follows:

·        1% from the net income of active employees

·        0.5% from the net pension of retired employees


The contribution will be based on both fixed and variable salary elements (including allowances, commissions, incentives, bonuses, overtime payments) after payment of payroll taxes and social insurance contributions.

Active employees with a monthly net income of EGP 2,000 or less and retired employees with a monthly net pension of EGP 2,000 or less are excluded from contributing.

The contributions must be paid into a bank account set up by the Ministry of Finance.

 

Contact our legislation team at info@crs.co.za if you require any additional information.
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RS Technologies (Pty)Ltd. All Rights Reserved.

CRS Technologies (Pty) Ltd

 

 

SEPTEMBER 2020 – MAURITIUS

CONTRIBUTION SOCIALE GÉNÉRALISÉE
It is important that employers note the following:

The Contribution Sociale Généralisée (CSG) Regulations 2020
Regulations made by the Minister under section 30F of the National Pensions Act were recently published in Government Notice No. 214 of 2020.

As from 1 September 2020, the National Pension Fund is being abolished and replaced by a new system, the Contribution Sociale Généralisée (CSG), a progressive contribution system.

Under the CSG, employers are required to deduct, where applicable, the employee’s contribution from his/her wage or salary and pay that contribution, together with the employer’s contribution, to the Mauritius Revenue Authority (MRA). The rate of contribution applicable to the private sector is shown below.

Basic wage or salary means:

·        Where the terms and conditions of employment of the employee are governed by Remuneration Regulations or Wages Regulations, an arbitral award or an agreement, the basic wage or salary prescribed, or where the employer pays a higher wage or salary, the higher wage or salary paid, excluding any allowance by any name and whether paid in cash or in kind.

·        In any other case, all the emoluments received by the employee, excluding any bonus or overtime.

The monthly return and payment of CSG with respect to a month is required to be made electronically on or before the end of the following month.

An exception was made by the MRA for the month of September 2020.  The last date for submission of the return and payment of CSG to the MRA is 30 November 2020.

Facilities for the electronic submission of CSG return are available on the MRA website. Employers must use the same employer registration number (ERN) and password applicable for the submission of NPF return.

Contact our legislation team at info@crs.co.za if you require any additional information.
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RS Technologies (Pty)Ltd. All Rights Reserved.

CRS Technologies (Pty) Ltd

 

SEPTEMBER 2020 – SOUTH AFRICA

UIF TERS
It is important that employers note the following:

Latest communication from the Unemployment Insurance Fund (UIF)

On Monday, 21 September 2020 acting UIF Commissioner Marsha Bronkhorst announced that the UIF plans a payment run for all outstanding payments for April, May and June on the date of the announcement until today, 22 September 2020.

Thereafter the UIF plans to run payments for the period 1 July to 15 August 2020 from 23 to 26 September 2020.

The payments were placed on hold after auditor-general Kimi Makwetu found that poor financial management and verification controls were in place, which resulted in funds being paid out to beneficiaries who were not eligible.

Following the findings, Labour and Employment Minister Thulas Nxesi announced that current UIF commissioner Teboho Maruping would be placed on suspension, along with other fund management members.

The fund has since scheduled multiple payments to fast-track payments this week and has initiated discussions with government departments and agencies to assist in synchronising the data to ensure that COVID-19 TERS payments reach the right and authentic beneficiaries.

Employers are reminded that incomplete forms will not be automatically processed. The process has been made easier for employers to know what is still outstanding through the development of the discrepancy tab in the system. Employers can also use FAQs on the Department of Employment and Labour website.

Employers are reminded of the following closing dates for applications:

·        For 26 March to 31 May: 25 September 2020

·        For 1 June to 30 June: 15 October 2020

·        For 1 July to 15 September: 30 October 2020

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

 

 

Contact our legislation team at info@crs.co.za if you require any additional information.
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RS Technologies (Pty)Ltd. All Rights Reserved.

CRS Technologies (Pty) Ltd

 

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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RS Technologies (Pty)Ltd. All Rights Reserved.

CRS Technologies (Pty) Ltd

AUGUST 2020 – SOUTH AFRICA
DRAFT CODE OF GOOD PRACTICE ON THE PREVENTION AND ELIMINATION OF VIOLENCE AND HARASSMENT
It is important that employers note the following:

New directive issued on public access to the CCMA during the COVID-19 pandemic

Employment Equity Draft Code of Good Practice on violence and harassment

On 20 August 2020 the South African government published Government Gazette 43630 with the draft code of good practice on the prevention and elimination of violence and harassment in the workplace in South Africa.

 

The draft policy was published by the Minister of Employment and Labour, Thembelani Waltermade Nxesi, and falls under the Employment Equity Act. The code, which covers a number of areas, including sexual harassment and online bullying, applies to all business sectors and is currently open for public comment.

 

Sexual violence and harassment is defined as directly or indirectly engaging in conduct that the perpetrator knows or ought to know is not welcome, is offensive to the complainant and makes the complainant feel uncomfortable, interferes with work, causes harm or inspires the reasonable belief that harm may be caused to the complainant or a related person.

Racial violence and harassment is defined as unwanted persistent conduct, or a single incident which is seriously degrading, humiliates or creates a hostile or intimidating environment, or is calculated to influence submission by actual or threatened disadvantageous consequences, and which is related to a person’s membership or presumed membership of a group identified by one or more of the prohibited grounds or a characteristic associated with such group.

This includes direct or indirect behaviour which involves issues such as racist verbal and non-verbal conduct, remarks, abusive language, racist name-calling, offensive behaviour, gestures and racist cartoons, memes, or insinuations.

 

Companies should take preventative steps to stop and eliminate harassment, create prevention and awareness programmes, treat, care and support victims, as well as monitor and evaluate practices within the organisation.

Written comments on the draft code should be submitted before 20 October 2020 to innocent.makwarela@labour.gov.za or niresh.singh@labour.gov.za at the Department of Employment and Labour.

 

To view the draft code, follow the link and select Separate Gazette 43630 20-8 Employment Labour of 20/08/2020.

Contact our legislation team at info@crs.co.za if you require any additional information.
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RS Technologies (Pty)Ltd. All Rights Reserved.

CRS Technologies (Pty) Ltd

AUGUST 2020 – SOUTH AFRICA

DIRECTIVE ON ACCESS TO THE CCMA DURING THE COVID-19 PANDEMIC

It is important that employers note the following:

New directive issued on public access to the CCMA during the COVID-19 pandemic

The Commission for Conciliation, Mediation and Arbitration (CCMA) has issued a new directive on access to the CCMA. This directive is an amendment to the directive issued previously in May 2020. It will apply with effect from 1 August 2020 and serves to regulate public access to the CCMA.

The directive also sets out the manner and conditions under which matters enrolled in the CCMA will be dealt with. It must be read together with the CCMA rules.

The most important amendments include:

  • Referring disputes
    Parties are not permitted to visit any CCMA office for purposes of making enquiries, submitting or collecting referral forms, or dropping off referral forms and any other related documents. The use of electronic mail, facsimile, registered mail or the newly developed online referral platform is encouraged
  • Conciliation hearings and facilitation of large-scale retrenchment disputes
    All new cases, other than those already scheduled, will be undertaken through one of the following means:

    • Digital online platforms that are to the satisfaction of the CCMA;
    • Suitable external forums;
    • At the CCMA.

Preference will be given to telephonic conciliations.

  • Submission of arbitration awards or rulings
    CCMA to submit copies via electronic mail or post. Should a party wish to collect a hard copy of the award, prior permission must be obtained from the provincial office where the matter was referred.
  • Protocols to be followed in video conference hearings
    Participants must ensure that there is no ambient noise in the room which can interfere with audio quality during the hearing. Where the CCMA is not the host of the video conference and is thus not able to record the proceedings using the chosen online facility, the party hosting the video conferencing session must record the session and submit the audio file at the close of the proceedings. A signed statement of confirmation that the recording has not been tampered with in any way must accompany the recording. The Commissioner will give instructions as to the recording of the proceedings.

Should either party refuse to have the dispute heard through a digital platform or external venue,  reasons for such refusal must be submitted to the CCMA in writing, whereupon the CCMA will decide on the appropriate means through which the hearing will proceed.

To view the full directive, follow the link.

Contact our legislation team at info@crs.co.za if you require any additional information.
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RS Technologies (Pty)Ltd. All Rights Reserved.

CRS Technologies (Pty) Ltd

AUGUST 2020 – MAURITIUS

PORTABLE RETIREMENT GRATUITY FUND & NPF/NSF

It is important that employers note the following:

Changes to Portable Retirement Gratuity Fund and NPF/NSF contributions announced

Portable Retirement Gratuity Fund (PRGF)

The Worker’s Rights (Portable Retirement Gratuity Fund) (Amendment) Regulations 2020 has been published in Government Notice No. 123 of 2020. The amendment includes the extension of the implementation date of the PRGF to January 2021.

Earlier in the year, the effective date of 1 January 2020 was postponed to 1 April 2020 to give employers the opportunity to prepare for the implementation.

National Pensions Fund (NPF) and National Savings Fund (NSF)

On 27 July 2020 the Mauritius Revenue Authority (MRA) published a notice to inform employers that the minimum and maximum basic wage on which contributions to the NPF and NSF are payable have been reviewed

Effective 1 July 2020, the minimum and maximum wages for contributions are as follows:

Contact our legislation team at info@crs.co.za if you require any additional information.
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RS Technologies (Pty)Ltd. All Rights Reserved.

CRS Technologies (Pty) Ltd

JULY 2020 – SOUTH AFRICA

OFFICIAL INTEREST RATE

It is important that employers note the following:

Extension of COVID-19 relief payments to 15 August 2020

Further reduction of official interest rate announced

The Monetary Policy Committee (MPC) of the South African Reserve Bank (SARB) has decided to reduce the repo rate by 25 basis points.

The announcement was made on Thursday, 23 July 2020.

The repo rate has been reduced by 25 basis points to 3.50% per year, effective from 24 July 2020. This means that the rate at which the SARB lends to your bank has decreased from 3.75% to 3.50%.

For employers, the official interest rate applicable to payrolls will be 4.50%, effective from 1 August 2020.

The definition of “official interest rate” in the Seventh Schedule of the Income Tax Act means:

  • In the case of a loan which is denominated in the currency of the Republic, the South African repurchase (repo) rate + 100 basis points; or
  • In the case of a loan which is denominated in any other currency, the South African repurchase rate applicable in that currency + 100 basis points.

Where a new repurchase rate or equivalent rate is determined, the new interest rate applies for the purposes of this definition from the first day of the month following the date on which that new repurchase rate or equivalent rate comes into operation.

Contact our legislation team at info@crs.co.za if you require any additional information.
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RS Technologies (Pty)Ltd. All Rights Reserved.

CRS Technologies (Pty) Ltd

JULY 2020 – SOUTH AFRICA

EMPLOYMENT EQUITY AMENDMENT BILL 2020

It is important that employers note the following:

Employment Equity Amendment Bill 2020 approved by Cabinet

The Department of Employment and Labour has published a notice indicating that it plans to introduce the Employment Equity (EE) Amendment Bill to the National Assembly

Government Notice No. R. 798 was published in Government Gazette 43535 on 20 July 2020.

The Bill seeks to strengthen the Employment Equity Act 55 of 1998 and support efforts to eliminate the legacies of apartheid discrimination and inequality in the workplace.

To summarise:

  • The Bill aims to bring in mandatory training of employees.
  • An employment equity compliance certificate will be required to access state contracts.
  • The Bill will enable the Labour Minister to set numerical targets for any national economic sector.
  • Employers with fewer than 50 employees will no longer have to report on their employment equity targets, irrespective of their turnover.
  • The Bill re-emphasises how important it is for companies to actively transform their workplace thorough:
    • Implementing a dedicated and active EE committee;
    • Developing an EE plan and commitment to transformation; and
    • Ensuring compliance to all EE regulations.
  • The Bill revises learnership allowances and mandatory grants.

A lack of transformation in the workplace could result in a company being deemed non-compliant. This could present serious business risks or implications in the form of fines, penalties and non-access to work.

Contact our legislation team at info@crs.co.za if you require any additional information.
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RS Technologies (Pty)Ltd. All Rights Reserved.

CRS Technologies (Pty) Ltd

JULY 2020 – SOUTH AFRICA

UIF TERS EXTENDED PERIOD

It is important that employers note the following:

Extension of COVID-19 relief payments to 15 August 2020

On 21 July 2020 the Employment and Labour Ministry announced an extension to the COVID-19 TERS relief payments.

Following the President’s announcement to extend the life of the Disaster Management Act until 15 August 2020, the decision was taken to similarly extend the UIF TERS benefits.

The benefit structure and existing criteria remain the same.

April, May and June applications will be closed at the end of July 2020. Valid applications already received for these months will be processed.

Employees who are put on leave, have been laid off temporarily, or whose employers cannot afford to pay their full salaries due to the coronavirus crisis, are entitled to the benefits.

The maximum amount an employee will receive is R6,730 a month (based on the threshold of R17,700), while the minimum amount is R3,500 a month.

Contact our legislation team at info@crs.co.za if you require any additional information.
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RS Technologies (Pty)Ltd. All Rights Reserved.

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