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To provide for the payment of benefits for unemployment, maternity/adoption, illness & dependants of deceased can also claim. To provide for the payment.

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Presentation on theme: "To provide for the payment of benefits for unemployment, maternity/adoption, illness & dependants of deceased can also claim. To provide for the payment."— Presentation transcript:

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2 To provide for the payment of benefits for unemployment, maternity/adoption, illness & dependants of deceased can also claim. To provide for the payment of benefits for unemployment, maternity/adoption, illness & dependants of deceased can also claim. To provide for the establishment of an unemployment insurance fund to which both employers and employees contribute. To provide for the establishment of an unemployment insurance fund to which both employers and employees contribute. … to alleviate the harmful economic and social effects of unemployment. … to alleviate the harmful economic and social effects of unemployment.

3 Contributor Contributor made contributions – a natural person who is/was employed and made contributions in terms of the act. Child Child – person under the age of 21 and includes persons under the age of 25 who is a learner and who is wholly or mainly dependant on the deceased. Domestic worker Domestic worker – person who performs domestic work in the home of his employer and includes: a gardener, person employed as a driver of a motor vehicle and a person who takes care of any person in that home, but excludes a farm worker. Employee Employee – a natural person who receives remuneration in respect of services rendered, but excludes an independent contractor. Employer Employer – any person who pays any person any amount by way of remuneration, including a person who is acting as a principal. Remuneration Remuneration – any amount of money paid, excluding pension, superannuation or retirement allowance or commission.

4 Applies to all employers and employees, excluding: Applies to all employers and employees, excluding: Employed for less than 24 hours per month. Person employed under the Skills Development Act (learnership). Employees in national and provincial spheres of government. Person only in the Republic to complete a contract of service. Persons receiving a monthly pension from the State.

5 Contributor Contributor – a natural person who is/was employed and made contributions in terms of the act. – a natural person who is/was employed and made contributions in terms of the act. not A contributor will not be entitled to any benefits if: Received monthly pension from State; Received benefits in terms of COIDA; Received any benefits from another unemployment fund/benefit scheme established by a bargaining council; Fails to comply with provisions of UIA; Suspended from receiving benefits – for false claim for example. Suspension for up to 5 years & does not absolve employer from his duty to pay UIF. entitled to A contributor is entitled to: 1.unemployment benefits, 2.illness benefits, 3.maternity benefits, 4.adoption benefits, 5.dependants benefits.

6 Domestic employee: Domestic employee: Employed by more than one employer and loses a job, is entitled to benefits, despite still being employed by another employer. For purposes of calculating benefits the total income derived from continued employment plus benefits my not exceed the benefits that would have been paid if the contributor had become wholly unemployed.

7 A person who earns in excess of the ceiling amount as calculated by the Minister will be entitled to benefits, but it will be calculated as if he earned the ceiling amount. Calculation of benefits: One days benefit for every completed 6 days of employment as a contributor… – to a maximum accrual of 238 days benefit in the 4 year period immediately preceding the date of application for benefits.

8 lasting more than 14 days An unemployed contributor is entitled to unemployment benefits for any period of unemployment lasting more than 14 days if the reason for unemployment is: 1.Termination of employment by the employer or ending a fixed term contract. 2.Dismissal 3.Insolvency 4.Death of the employer in the case of a domestic worker.

9 5. Application must be made in in accordance with the prescribed requirements. Within 6 months from date of unemployment, 6. Contributor is registered as a work-seeker with a labour centre. 7. Contributor is capable and available to do work. 8. Not entitled to benefits if he fails to report to the claims officer as stipulated / fails to undergo training or counselling. 9. If the contributor refuses to accept available work, a penalty may be imposed of up to 13 weeks in which no benefits will be paid.

10 A contributor is entitled to illness benefits for any period of illness if: on account of illness He is unable to perform work on account of illness; prescribed requirements He fulfils any prescribed requirements in respect of any specified illness; Application is made in accordance with prescribed provisions ( personally or by authorised person, within 6 months ); less than 14 daysentitled to unemployment or adoption benefits Illness benefits cannot be claimed for a period less than 14 days and for any period during which she is entitled to unemployment or adoption benefits. Failure to undergo medical treatment / conform to carry out medical instructions will result in the benefit being forfeited.

11 Application must be made in accordance with provisions, at least 8 weeks before childbirth. Maximum period is weeks Contributor who has a miscarriage during the 3 rd trimester or bears a still-born child is entitled to a maximum benefit of 6 weeks after the occurance.

12 Entitled to benefit if a child has been adopted in terms of the Child Care Act. The period not working was spent caring for the child. Adopted child is below 2 years of age. Application must be made in prescribed form, within 6 months after date of court order. Entitlement to benefits commences on date of court order granting adoption.

13 Surviving spouse (or life partner) is entitled to benefits if application is made in accordance with prescribed requirements and within 6 months of the contributors death. A child, including an adopted child, is entitled to benefits if there is no surviving spouse or the latter has not applied for benefits within 6 months… … Application by dependant made within 14 days after expiration of 6 month period.

14 A person entitled to benefits in terms of the Act may appeal to a regional appeals committee of the Unemployment Insurance Board against a decision of: Commissioner to suspend his right to benefits Claims officer relating to the payment of benefits The matter further be referred to the National Appeals Committee.

15 1. Every new employer must provide all necessary business information to Commissioner; 2. Employer must, before the 7 th of each month, inform the commissioner of any changes to business information; 3. Must register all newly appointed employees for UIF benefits.

16 Application is the same as for the UIA. Contributions are paid to SARS within 7 days after the end of the month, together with statement reflecting payments. Contributions are paid to SARS within 7 days after the end of the month, together with statement reflecting payments. Payments are made to Unemployment Commissioner when: Employer is not required to register/ has not registered voluntarily as an employer with SARS Employer not liable for payment of Skills Development levy Every employer Every employer must on a monthly basis contribute to the fund: 1% of monthly remuneration of employee Not applicable to amount exceeding ceiling amount. Every employee Every employee must on a monthly basis contribute to the fund: 1% of his monthly remuneration

17 Unpaid contributions = penalty of 10% + interest … … Interest payable by employer on outstanding amount. Employers failure to perform duties – additional penalty not exceeding double the amount owed by him. Offence (liable for a fine or imprisonment for up to 1 year or both): Fails to pay amount due Fails to submit statement or disclose information Hinders or obstructs functions

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