TERS applications for the period of 16 March 2021 - 25 July 2021 have opened.
This TERS Payout is reserved for employees whose employers:
Were not permitted to operate, either partially or in full, in terms of the Regulations published on 27 June 2021 in terms of the Disaster Management Act, and who operated in the sectors specified as per Annexure A either partially or in full, on and from 16 March to 25 July 2021.
Were not permitted to operate, either partially or in full, in terms of the Regulations published on 27 June 2021 in terms of the Disaster Management Act, and who operated in the sectors specified as per Annexure B either partially or in full, on and from 28 June to 25 July 2021.
Were unable to make alternative arrangements for vulnerable employees to work from home or take other measures as contemplated in clause 20.3 of the OHS Direction, irrespective of whether the employer operates in a sector specified in Annexure A or B.
Are unable to make use of their services either fully or partially because of operational requirements based on the economic, technological, structural or similar needs of the employer caused by compliance with the Regulations made in terms of the Disaster Management Act, or Regulation 4(10) requiring the need to limit the number of employees at the workplace through rostering, staggering of working hours, short time, and the introduction of shift systems and who operate in a sector specified in Annexure A or B.
Are required to ensure that they remain in isolation or in quarantine in terms of the OHS Direction or a direction issued by the Minister of Health following high-risk contact, irrespective of whether the employer operates in a sector specified in Annexure A and B or not. Such employees need not first exhaust their sick leave before claiming this benefit.
Annexures A and B as listed below indicate the applicable industries affected.
Payment will commence on the 26th of July 2021.
The process for submitting claims is the same as for previous TERS periods, with one major change in the procedure and payment. Employers are expected to submit claims on behalf of the employees, but payments will be made directly into the bank accounts of the affected employees, to avoid abuse by unscrupulous employers.
When applying for the benefit Employers will have to prove that they were unable to make alternative arrangements for vulnerable employees to work from home and that an employee was in quarantine or isolation and is entitled to the benefit.
This will be done by the employer submitting the following data to the National Institute for Occupational Health in the manner set out in the National Department of Health Guidelines:
each employee’s vulnerability status for serious outcomes of a Covid-19 infection.
details of the Covid-19 screening of employees who are symptomatic.
details of employees who test positive for Covid-19.
details of employees identified as high-risk contacts within the workplace if a worker has tested positive for Covid-19.
details on the post-infection outcomes of those testing positive, including the return-to-work assessment outcome.
The employee declaration returns will confirm the loss of income and thus, the inability to make alternative arrangements for affected employees.
The directive also makes provision for reduced work time benefits for employees who contribute to the fund and whose employers were unable to make use of their services either fully or partially as a result of compliance with the regulations set out in the Disaster Management Act, for those employers not falling in the industries contemplated in Annexure A or B. These benefits may be claimed in accordance with section 12(1B) of the Unemployment Insurance Act, and not through the TERS scheme.
The benefit will be calculated using a sliding scale, and the employer shall supplement the reduced time benefit received from the UIF, provided that payment received from the employer in addition to the reduced work benefit may not exceed the employee’s normal salary for the period worked.
Establishments that will be able to claim for periods between 16 March 2021 to 25 July 2021 or any period between the two dates are:
Venues hosting auctions;
Venues hosting professional sports;
Venues where social events are held;
Venues hosting concerts and live performances;
any industries that form part of the value chain of the above mentioned (at the discretion of the UIF)
Establishments that will be able to claim from 28 June 2021 to 25 July 2021 or any period between are:
Museums, galleries, libraries, and archives
Gyms and fitness centres
Bars, taverns, shebeens
Domestic and international air travel
Rail, bus services and taxi services
Sale, dispensing and distribution and transport of liquor
Beaches, dams, rivers, lakes
Hotels, lodges, bed and breakfast, timeshare facilities, resorts and guest houses
Conferencing, dining, entertaining and bar facilities
International sports, arts, and cultural events
Any industry and business establishment forming part of the value chain of the above as per the discretion of the UIF
Applications can be made on the TERS portal: http://uifecc.labour.gov.za/covid19/loginJsp
Download the gazette here: Government Gazette, 20 July 2021
Here is a little cheat sheet for who is eligible for TERS under which sectors and for which periods as per the latest directive:
TERS Update: Vulnerable Employees Claims.
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