2020-08-17

Categories of employees who may claim TERS

Categories of employees who may claim TERS for the extension period (01 July 2020 – 15 August 2020)

An employer, or employee, may claim TERS benefits for the extension period starting from 1 July 2020 until 15 August 2020.  The new directives cover the following categories of employees whose employers are:

1. Not permitted to operate under the Disaster Management Regulations.

Where a business has, because of the lockdown regulations, been unable to operate, totally or partially, then the employees can claim benefits if they have been laid off, entirely or partially. The reason for the closure of the business must be linked specifically to the lockdown regulations. The business need not show financial distress in order for its employees to benefit from TERS.

2. Unable to make alternative arrangements for vulnerable workers, such as working from home or taking special measures under the Occupational Health and Safety Direction to protect them.
Vulnerable workers’ who are employees “(a) with known or disclosed health issues or comorbidities or any other condition that may place the employee at the higher risk of complications or death than other employees infected with Covid-19 or (b) above the age of 60 years who is at a higher risk of complications or death if infected.

If an employer cannot make alterative arrangements for vulnerable employees to work from home or take other measures to assist them, then they can apply for TERS benefits. Vulnerable employees are entitled to benefits if they cannot be accommodated by their employer.

3. Have had to make changes because of compliance with COVID-19 regulations and/or directions, which ahs resulted in economic, technological, structural and/or similar needs.  Employees are, therefore, not  fully or partially used, (limiting the number of employees at the workplace through rostering, staggering of working hours, short time, and the introduction of shift systems), then those employees can qualify for TERS benefits.

The Direction is not clear if this applies to layoffs caused by the downturn in the economy if an employer can operate but its clients cannot operate so there is no need for employees to work.

The Department of Labour has issued guides for TERS:

Comprehensive FAQs:
http://www.labour.gov.za/DocumentCenter/Publications/Unemployment%20Insurance%20Fund/FAQS%20Revised%20August%202020.pdf

A guide to the TERS Application:
http://www.labour.gov.za/DocumentCenter/Publications/Unemployment%20Insurance%20Fund/COVID%2019%20TERS%20SOLUTION%20USER%20GUIDE.pdf
and
https://www.youtube.com/watch?v=SAG4HnYPCyE&feature=youtu.be

Mark - 11:08 @ common, Industrial Relations, Human Resources, B-BBEE | Add a comment

Add comment

Fill out the form below to add your own comments


 
Map
Call
Email
About