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Disaster Management Act, 2002 (Act No. 57 of 2002)

Notices

COVID-19 Temporary Employee/Employer Relief Scheme (C19 TERS) Direction, 2021

2. Incorporation of Directive for certain categories of employer and employee

 

2.1 Notwithstanding the withdrawal of the Directive with effect from 15 October 2020, in terms of the withdrawal notice of 27 November 2020, GG 43943, the provisions of the Directive of 4 September 2020 are incorporated in this Direction—
2.1.1 subject to sub-paragraphs 2.3 and 2.4; and
2.1.2 only in respect of the employers and employees contemplated in sub-paragraph 2.3, and only if such employees are contributors for purposes of the UI Act and their employers have declared and paid for them with the Fund.

 

2.2 The benefit shall be de-linked from the UIF's normal benefits and provisions thereto.

 

2.3 The employees contemplated in sub-paragraph 2.1.2 are those employees whose employers—
2.3.1 are not permitted to commence operations, either partially or in full, in terms of the Regulations published by the Minister of Cooperative Governance and Traditional Affairs in December 2020, and any other thereafter, in terms of section 27(2) of the Disaster Management Act, 2002 (Act No. 57 of 2002) pursuant to the declaration of a national disaster dated 15 March 2020 in terms of section 3 of that Act, and who operate in a sector specified in Annexure A;
2.3.2 are 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 not;
2.3.3 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 section 27(2) of the Disaster Management Act, 2002 (Act No. 57 of 2002) or directions made under regulation 4(10) of those Regulations in particular the need to limit the number of employees at the workplace through rostering, staggering of working hours, short time, and the introduction of shift system;
2.3.4 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 a high risk-contact, irrespective of whether the employer operates in a sector specified in Annexure A or not. Employees in 2.3.3 need not first exhaust their sick leave before claiming benefit in this direction;

 

2.4 Clause 3.5, 3.6 and 5.3 in the Directive are replaced with the following clauses:

 

"3.5 Subject to clauses 3.6 and 5.3, a qualifying employee will receive a benefit calculated in terms of section 13(1) of the UI Act.

 

3.6 Subject to clause 5.3, should the benefit calculated in terms of clause 3.5 together with any remuneration earned fall below R3 500, the benefit will be increased to ensure that the employee, in total of both, receives R3 500.

 

5.3 The employer, provided that the amount thereof is disclosed upfront in the benefit application, shall be entitled to supplement the amount received from the Fund; provided further that the benefit and any remuneration received for work performed by the employee in any period shall not exceed 100% of the remuneration that the employee would ordinarily have received for working during that period."