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

Notices

Direction Extending COVID-19 TERS Benefits for certain Categories of Employees

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

 

2.1 Notwithstanding the lapsing of the Directive on 27 June 2020, the provisions of the Directive are incorporated in this Direction—
2.1.1 subject to sub -paragraph 2.4; and only
2.1.2 in respect of the employers referred to in sub-paragraph 2.2 and the employees contemplated to in sub-paragraph 2.3.

 

2.2 The employers referred to in sub-paragraph 2.1 are those contemplated in sub-paragraph 2.3.

 

2.3 The employees contemplated in sub-paragraph 2.1 are those employees whose employers are—
2.3.1 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 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;
2.3.2 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;
2.3.3 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 systems.

 

2.4 Clauses 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 Should the benefit calculated in clause 3.5 together with any remuneration earned fall below R3 500, the benefit will be increased to ensure that the employee receives R3 500.
5.3 Subject to the amount of the benefit contemplated in clause 3.5, an employee may only receive covid-19 benefits in terms of the Directive if the total of the benefit together with any remuneration paid by the employer for work performed by the employee in any period is not more than the remuneration that the employee would ordinarily have received for working during that period."