THE GOOD OLD DAYS VERSUS LOCKDOWN AND LIFE THEREAFTER!!

Moving into Level 3 of Lockdown with effect 1 June 2020, did not take us back to the 26^th of March 2020 when life, as we knew it, was still pretty much predictable and manageable.

The things we took for granted and the rules we lived by changed forever on 27 March 2020. Living, providing and caring for your family was, even though tough at the best of times, still doable. You had choices and there was an unwritten code, you labour and generate an income and provide for your family.

No work – No pay

Without a choice everyone had to leave their place of work and even though you want to work, or were prepared to work, the choice was no longer yours.

The very first Directive by the Minister of Employment and Labour signed on 25 March 2020 and issued in terms of regulation 10 (8) of section 27 (2) of the Disaster Management Act, 2002 (act no. 57 of 2002) was to establish the Temporary Employee/Employer Relief Scheme (TERS) and to set out the application process.

Many Employers, with a three-week lockdown in mind, made provision in good faith for employees to take annual leave for the three-week period and even provide for annual leave to go into a deficit. The rationale clearly to assist employees financially. But three weeks became eleven weeks!

TERS

Since 25 March 2020 to date, the directive in terms of qualifying for TERS was amended and gazetted a number of times. At first only employers who as a direct result of the COVID-19 pandemic closed its operations for a 3 (three) month or lesser period and suffer financial distress, qualified for a Covid-19 Temporary Relief Benefit. Then it was amended to include partial closure for a 3 (three) month or lesser period and ten days later amended to include an obligation on employers stating that “the employer must apply…” (Own emphasis).

The most beneficial amendment in the TERS Directive as signed on 16 April 2020, is the inclusion of “…payment of benefits to Contributors who have lost income or have been required to take annual leave in terms of section 22(10 of the Basic Conditions of Employment Act, 1977 (Act 75 of 1997) due to the COVID-19 pandemic.”

Finally, there was provision made to claim from TERS for the period 27 March 2020 to date for the days annual leave was taken or partial salary was received. The benefit pay-out from TERS can now be used as a “set-off” based on your daily rate. It might very well be that your employer can now credit you with a portion of the deficit leave days paid out and “loans” accepted by you.

Bread buttered one side only

MISA is currently inundated with enquiries from members who have realised that there were TERS claims submitted on their behalf after visiting this website. Please take note that the provision of TERS was to alleviate the financial burden on both Employer and Employee.

MISA is there to ensure and assist in ensuring that Employers comply with the Directive. When an employer did, in good faith, pay you partially or grant you annual leave, even though you did not have leave available during lockdown and you did not work, they are entitled to claim on your behalf and to set off the amount received against the amount paid already.

The idiom “you can’t have your bread buttered on both sides” is very true in these circumstances.

Should you however have rendered services for a period of time, you should receive your normal remuneration for the hours worked and your employer must, as a supplement, claim TERS for the balance of the hours or days not worked.

DO NOT ASSUME – Phone us!

How to contact MISA during the lockdown?

Kindly utilise the following e-mail addresses and links for assistance during this time:
 

#MISACARES #MISAONTHEMOVE