Due to the COVID-19 pandemic and the national lockdown, almost all industries (except for essential services) have been forced to cease trading.
Companies do not generate revenue and, as a result, employees do not generate an income. This is what we call a “no fault” scenario in labour law.
Government has stepped in and put measures in place to assist employers by providing a Temporary Relief Scheme (TERS) with benefits that are payable through the Unemployment Fund (UIF) platform to employees.
Who must claim TERS? You, as the employee, or your employer?
The employer must claim from TERS on your behalf.
Should your employer fail to apply on your behalf or instructs you to apply, please advise MISA immediately, as we need to go on record to the employer advising them of the official directive and the need to comply.
Should my employer pay me partially for April 2020 (i.e. 50 % of my income) do I still qualify for the TERS benefit?
Yes. This is detailed in Government Gazette No. 43216, the Amended Directive regarding the in COVID 19 Temporary Employee/Employer Relief Scheme, 2020 (signed on 6 April 2020). More specific, clause 1.1.6. that has been replaced with a new definition for “temporary lay-off” which is now defined in clause 1.1.7, and reads as follows: “Reduction in work following a temporary closure of business operations, whether total or partial, due to…”
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