The Temporary Employer – Employee Relief Scheme (TERS), managed by the CCMA, is intended to provide a structured agreement as an alternative to retrenchments during this time. Depending on the circumstances of the Business, particularly relating to COVID-19, its economic detrimental effects and the negative impact on the employees, organisations can apply to the CCMA for consideration for participation under TERS. To assist clients, Global Business Solutions has prepared a quick guide.
The COVID-19 Temporary Relief Scheme, managed by Department of Employment and Labour, is intended to provide special relief for employees during this time. NOTE: This relief specifically applicable during lockdown period. Businesses are encouraged to pay employees during the lockdown period, but where this is not economically possible, the Department of Employment & Labour has created a special benefit under UIF as per the Directive COVID-19 Temporary Relief Scheme. To assist clients, Global Business Solutions has prepared a quick guide.
The Unemployment Insurance Fund (UIF) will compensate affected workers through a new “National Disaster Benefit” and its existing the Illness, Reduced Work Time and Unemployment benefits. NOTE: This new “National Disaster Benefit” and any other normal UIF benefit is only applicable to employers who are registered with UIF and make monthly contributions as required by the Contributions Act of 2002. Depending on the circumstances the Business or individual Employee finds themselves, will determine the process and benefits applicable. To assist our customers, Global Business Solutions has provided a quick reference guide for the 4 primary scenarios likely under the current COVID-19 economic reality
The matter of AMITU obo MEMBERS / National Brands Snackworks and Adcorp BLU (KNDB16915-17) dealt with the interpretation of the deeming provision. The Commissioner emphasised that this is not a transfer to a new employment relationship but rather a change in the statutory attribution of the responsibility of the employer within the same triangular employment relationship. He found that nothing in the Constitutional Court outcome prevents the commercial relationship and for the TES to play the same role that it played prior to deeming except for the obligations expressly referred to in the LRA. He also indicated that there can be no order for the TESs services to be terminated by the company nor can the TES be forced to insource and services and functions performed by the TES and likened it to a practice of outsourced labour consultants and accountants. The TES triangular relationship and the commercial agreement continues post deeming and if deeming is applicable it is for rights and obligations only under the LRA.