All posts by Silkysocks

Step by step guide to easy UIF claims

AA1Blice recently lost her job. She is feeling very despondent since she has no income to provide for her family and cover her monthly expenses. She recalls that while she was employed she made monthly Unemployment Insurance Fund (UIF) contributions. However, Alice has no idea how to claim from the UIF and whether she qualifies as a claimant.

  1. WHO CAN CLAIM FROM THE UIF?

All workers who contributed to the UIF can claim if they have been fired, if their contract has come to an end, or if their employer is bankrupt. Domestic workers who have more than one employer can claim if they lose their job with one of their employers or if an employer dies.

  1. WHO CANNOT CLAIM?
  • Persons who resigned or quit their jobs
  • Persons who are suspended from claiming due to fraud
  • Persons who do not report at set dates and times
  • Persons who refuse training and advice that may be given by UIF staff
  • Persons who receive benefits from the Compensation Fund or from an Unemployment Fund established under the Labour Relations Act
  1. WHEN CAN I CLAIM FROM THE UIF?

You can start claiming from the last day of employment until your UIF benefits are used up or you started working again. Your current contract must have expired before registering for UIF. Furthermore, you must claim within six months after your last day of employment.

  1. HOW DO I REGISTER FOR UIF BENEFITS?

Unemployed workers must apply for UIF benefits in person at their nearest labour centre.

Step 1: Documentation

This step is of utmost importance if you want to claim your UIF successfully for the first time. It is important to have all the necessary documentation in order to avoid repeated trips to the labour centre. The required forms are available as PDF downloads at ezuif.co.za/uif-forms.

You need:

  • Your 13-digit bar-coded ID or passport
  • UI-2.8 for banking details (Note that this needs to be signed by your bank and be accompanied by a stamped bank statement to confirm your bank account details.)
  • Form UI-19 to show employment history. This form is to be filled in by your previous employer. (Note that the Labour Department will check your last four years of work history to calculate your UIF benefit amount. Make sure you have all necessary declarations from previous employers dating back four years. If an employer has failed to issue you with a declaration, he must also fill out a UI-19 form.)
  • A workseeker form
  • Last two pay slips

Step 2: Go to the nearest labour centre

Once you have all the documents, go to the nearest labour centre. You can find the address and telephone number of your nearest centre at http://www.labour.gov.za/contacts/contacts. Note that the average waiting period at the labour centre can be anything from two to six hours, so make sure you have enough time. There is a slight chance that the staff at the labour centre may ask unemployed workers to go for training or advice – this is within their rights and you will have to take their advice.

  1. HOW WILL I BE PAID?

Once you have registered for UIF benefits the staff at the labour centre will issue you with a UIF checklist. On this checklist you will find the address of the venue where you must sign for payment, as well as the date and time for your attendance.

Step 1: Go to the signing venue

You must appear at the designated venue on the date and time stipulated in order to sign for your first UIF payment. It is important to be on time. Take the UIF checklist and your ID document with you.

Step 2: Sign the unemployment register and receive UI-6A forms

If you have successfully registered for UIF, your name will be read out from a list. You will be required to sign a register to mark your attendance and confirm that you are still unemployed. Collect all the UI-6A forms (one for each future signing). Keep all these documents in a safe place as you will need them every time you are due for a UIF payment. This whole process can take up to three hours. Your first payment will be paid into your bank account within two to four days after you have signed the register.

Step 3: Note your next signing date

Make sure you are aware of your future signing dates – they are printed on your UI-6A forms. Signing dates will be approximately four weeks apart. You will have to hand in the relevant UI-6A form every time you attend, so make sure you have it with you. Note that your application may be delayed and not yet processed by the date of your first signing. It is recommended that you call the relevant labour centre the day before going to the signing venue to ensure that your application has been processed. If your application has not yet been processed you do not need to go to the signing. Ask for the date of the next signing.

  1. HOW MUCH WILL I BE PAID?

The amount that you will be paid will depend on the amount of your monthly salary when you were employed.

Workers who earned less than R12 478 per month will receive approximately 36-56% of their average monthly salary for the previous four years; the higher the salary, the lower the percentage.

Workers who earned more than R12 478 per month will receive a fixed monthly benefit of approximately R4250-R4550.

How long you will be eligible to receive UIF payments depends on the length of time that you have contributed to the fund. You are eligible to receive one day’s worth of benefits for every six days that you had worked and contributed to the UIF over the previous four years. The maximum number of days you can claim for is 238.

Note: You can calculate your UIF monthly payments by using the EZUIF calculator provided at: http://ezuif.co.za/2012-uif-benefits-calculator/

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE).

SALE OF IMMOVABLE PROPERTY AND THE NATIONAL CREDIT ACT

A4But what the parties don’t keep in mind is that this agreement between the parties constitutes a credit transaction as defined in the National Credit Act (hereinafter called the Act) and that in certain circumstances the seller will have to register as a credit provider in terms of the Act.

To establish if the Act will be applicable and if the seller should register as a credit provider one should carefully consider the following:

  1. The Act will apply to all written credit agreements between parties dealing at arm’s length. This is to probably curb underhand dealings between family members at the peril of other third parties.
  2. Arm’s length transactions are not defined in the Act but they exclude, for example, transactions between family members who are dependent or co-dependent on each other and any arrangement where each party is not independent of the other and does not strive to obtain the utmost possible advantage out of the transaction.
  3. The Act does not apply where:
  • The consumer is a juristic person whose annual turnover or asset value is more than a R1m;
  • The purchaser is the State or an organ of the State;
  • A large agreement (i.e. more than R250 000, such as a mortgage) is entered into with a juristic person whose asset value or turnover is less than R1m.

A credit agreement includes a credit facility, credit transaction and credit guarantee or a combination of these. The relevance is the following:

  1. A credit facility requires fees or interest to be paid ;
  2. A credit transaction does not necessarily require interest or fees to be paid. An instalment agreement would suffice to qualify as a credit transaction .

An instalment agreement is defined and relates only to the sale of movable property.

A credit transaction also includes any other agreement where payment of an amount owed is deferred and interest or fees are charged.

A mortgage agreement qualifies as a credit transaction [Section 8(4)(d)] and the importance is that mortgage is defined in the Act as a pledge of immovable property that serves as security for a mortgage agreement.

Mortgage agreement is also defined as a credit agreement secured by a pledge of immovable property.

Section 40 of the Act requires one to register as a credit provider should you have at least 100 credit agreements as credit provider OR if the total principal debt under all credit agreements exceeds R500 000. Principal debt means the amount deferred and does not include interest or other fees.

It follows that if you sell your home to an individual in a private sale (i.e. where he does not get a bond from the bank) and you register a bond as security, you have to register as a credit provider UNLESS the principal debt is less than R500 000 or the buyer is a juristic person and the price is more than R250 000.

The implications for the seller could be far-reaching if he is not registered, as the agreement will be unlawful and void, and a court must order that:

  1. The credit agreement is void as from the date the agreement was entered into;
  2. The credit provider must refund to the purchaser any money paid by the purchaser under the credit agreement, together with interest;
  3. All the purported rights of the credit provider under the credit agreement to recover any money paid or goods delivered to, or on behalf of the purchaser in terms of the agreement, are either cancelled or forfeited to the State.

The application form to register as a credit provider and also the calculation of the registration fee that is payable to the National Credit Regulator (NCR) can be found on the NCR’s website. If the seller has not registered by the time he enters into the loan agreement he may still register within 30 days after entering into the loan agreement.

Sellers, be careful when you enter into these types of agreements as non-compliance with the Act could be a costly exercise.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.

HOEVEEL VERLOF KAN EK KRY?

A3Coco is onseker of sy geregtig sal wees op betaalde verlof. Sy is ‘n voltydse sekretaresse en werk reeds meer as ‘n jaar vir die nuwe maatskappy. Luidens die Wet op Basiese Diensvoorwaardes 75 van 1997, is jaarlikse verlofvoordele nie van toepassing op werknemers, insluitend huishulpe, wat minder as 24 uur per maand werk nie. Dit beteken dat diensvoorwaardes van tydelike werknemers en onafhanklike kontrakteurs ook onder hierdie wet val.

Kragtens die Wet, loop ‘n werknemer se jaarlikse verlof op. Dit beteken dat die werknemer se verlof maandeliks aanwas. Verlof loop op teen ‘n koers van een uur verlof vir elke 17 ure gewerk, of een dag verlof vir elke 17 dae gewerk, of anders gestel, 1,25 dae per maand. Die totale toegelate minimum is 15 werksdae per jaar met volle salaris in elke jaarlikse verlofsiklus of in elke tydperk van 12 maande, bereken vanaf die datum van indiensneming.

Die Wet maak melding van 21 opeenvolgende dae. Naweke word ingesluit, wat beteken dat die werknemer eintlik 15 werksdae kry aangesien ‘n “normale” werkweek bestaan uit vyf dae.

Dit is belangrik om daarop te let dat die Wet bepaal dat die aanwas van toepassing is op die tempo van een dag vir elke 17 dae waarop die werknemer gewerk het of geregtig was om voor betaal te word. Openbare vakansiedae word beskou as werkdae aangesien werknemers op daardie dae vergoed word as sou die dae normale werkdae wees wat derhalwe ingesluit word in die berekening van jaarlikse verlof.

Siekteverlof word op ‘n soortgelyke wyse hanteer. Indien die werknemer betaalde siekteverlof gehad het word daardie dae ingesluit by die berekening van jaarlikse verlof, tensy die werknemer nie meer siekverlofdae beskikbaar het nie of met onbetaalde siekteverlof was, in welke geval hierdie dae uitgesluit word vir die doeleinde van die berekening.

Dit is algemene praktyk vir sommige werkgewers om maandeliks ‘n bedrag af te trek van die tydelike werker of onafhanklike kontrakteur se loon en dit tot die werknemer se voordeel in ‘n sogenaamde “verlofrekening” te hou wat dan ten tye van die werknemer se verlof uitbetaal word. Hierdie praktyk is egter onwettig en die werkgewer sal skuldig wees aan oortreding van die Wet op Basiese Diensvoorwaardes asook aan bedrog omdat hy die werknemer ontneem van ‘n wettige reg op betaalde jaarlikse verlof en betaalde siekteverlof. Slagoffers van so ‘n wanpraktyk kan die werkgewer dagvaar vir skadevergoeding.

Daar is geen bepaling dat werknemers nie hul jaarlikse verlofdae opeenvolgend mag neem nie. Coco word beskou as ‘n voltydse werknemer omdat sy vir ten minste ‘n jaar lank meer as 24 uur per week vir die maatskappy gewerk het en dus sal sy kwalifiseer vir 15 opeenvolgende dae verlof.

Ons kan dus vir Coco gerusstel. Sy sal in staat wees om die vakansie van ‘n leeftyd te geniet!

Hierdie is ‘n algemene inligtingstuk en moet gevolglik nie as regs- of ander professionele advies benut word nie. Geen aanspreeklikheid kan aanvaar word vir enige foute of weglatings of enige skade of verlies wat volg uit die gebruik van enige inligting hierin vervat nie. Kontak altyd u regsadviseur vir spesifieke en toegepaste advies.

TENANT AND LANDLORD: WHAT ARE YOUR RIGHTS AND OBLIGATIONS?

A2The Rental Housing Act No. 50/1999, as amended by the Rental Housing Amendment Act No. 43/2007, regulates the relationship between a tenant and a landlord, even before commencement of the lease agreement.

The Act determines that the landlord may not discriminate against the prospective tenant, his family or friends, including on grounds of race, sex, pregnancy or marital status. This applies as early as placing an ad for the leasing of a property or even during negotiations between prospective tenants and the landlord,

The lease itself does not have to be in writing to be binding on both parties and should a tenant request that an oral agreement be reduced to writing, the landlord may not refuse the request.

A written lease agreement must contain the following information:

  • The names of the parties, as well as their South African addresses;
  • A description of the property being leased;
  • The monthly rental payable and reasonable increases;
  • The deposit payable, if applicable;
  • The period for which the property will be leased. Should the agreement not mention a specific period of lease, the agreement must indicate the notice period required should one of the parties wish to terminate the contract;
  • Any other consideration, besides the monthly rent, which may be payable;
  • A complete list of defects that are present at the time that the parties entered into the lease agreement.

If the property is situated in a complex that has its own rules, a copy of those rules should be attached to the lease agreement.

The landlord must ensure that he/she gives effect to the provisions contained in the lease agreement.

As mentioned, mutual rights and obligations are created for both parties in the lease agreement. These rights and obligations include the following:

Tenant’s rights:

  • To jointly inspect the property before the tenant moves in and record any defects or damage to the property. This provision protects the tenant at the end of the lease period to ensure that the tenant will not be held liable for damages that already existed at the time the lease was entered into;
  • During the lease period, the tenant has the right to privacy and the tenant’s property, home or person may not be searched;
  • If the landlord fails to inspect the property upon expiry of the lease, the tenant can assume that the landlord acknowledges that no damage has been done to the property, and that the full deposit, together with interest thereon, must be refunded to the tenant.

Landlord’s rights:

  • To request a deposit, in the amount agreed upon between the parties, before the tenant takes occupation of the property;
  • To receive timeous payment of the monthly rent and also to collect overdue payments, after a court order or order from a Tribunal has been obtained;
  • To receive the property in a good condition upon termination of the lease;
  • To jointly inspect the property within three days before the lease expires and determine if any damage has been done to the property for which the tenant should be held liable;
  • To recover the cost of repairs, should the property be damaged, from the tenant;
  • Should the tenant not give access to the property for a joint inspection before expiry of the lease, the landlord should inspect the property within seven days after expiry of the lease and utilise the deposit for necessary repairs. The balance of the deposit, if any, should be refunded to the tenant within twenty-one days.

Landlord’s obligations:

  • To invest the tenant’s deposit in an interest-bearing account at a financial institution, with an interest rate equal to or higher than the interest rate at that time earned on a savings account at such financial institution. The tenant may request proof that the deposit is invested and the landlord may not withhold such evidence;
  • To furnish the tenant with a receipt for each payment made by the tenant, which receipt should clearly describe the property, be dated, and indicate in full what the payment is made for (eg Rent for the month of February 2013, or deposit);
  • To utilise the deposit to repair any damage to the property or to recover arrears rent after expiry of the lease, and to pay the balance together with interest earned thereon to the tenant within fourteen days after the expiry of the lease;
  • To keep all receipts in respect of repairs done to the property which were deducted from the tenant’s deposit, and make such receipts available to the tenant;
  • To refund the tenant’s deposit together with interest thereon, within seven days of the expiry of the lease, in the event that no repairs are to be made to the property.

Should a dispute arise between the parties, the Rental Housing Tribunal in the area where the dispute arises, can be contacted.

It is very important for both the tenant and the landlord to make sure that their intentions are clearly defined in the lease and that they understand the terms of the lease before the lease agreement is signed. Also that all provisions, responsibilities and obligations are clearly set out in the agreement. It is advisable to seek legal advice if any uncertainties arise, before the lease agreement is signed.

References: Rental Housing Act No. 50/1999, as amended by Rental Housing Amendment Act No. 43/2007

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.

WELCOME TO OUR NEWSLETTER | WELKOM BY ONS NUUSBRIEF

A1We are at the beginning of 2014. A year with new prospects and challenges for everyone in general and in particular a new website for Schnetler’s Inc. The new website is being handled by the Succeed Group. Clients, potential clients and the general public will, through our new website, have insight to legal information and advice and will also have access to our new facebook page on which we will post on a regular basis photos and articles of events that happen “behind the scenes” at Schnetler’s Inc. Here you will get to know our Directors and staff in a more relaxed atmosphere.

Our first facebook page will commence with our 2013 year-end function held at Stardust in Woodstock. It was an evening of good food and wine, music, song dance and merriment.

We hope and trust that you as our clients will enjoy our new website and facebook page and find it of interest.

We leave you with the following message:

“Don’t judge each day by the harvest you reap
But by the seeds that you plant” – Robert Louis Stevenson

Greetings from the Schnetler’s team.

So begin 2014 met nuwe vooruitsigte en nuwe uitdagings en tesame hiermee ‘n nuwe webtuiste vir Schnetler’s Ing.  Die nuwe webtuiste word deur die SucceedGroup hanteer.  Kliënte, potensiële kliënte asook die algemene publiek sal deur die webtuiste insae hê tot regs-inligting en regsadvies en sal ook toegang hê tot ons nuwe faceboek blad waar ons gereeld foto’s en artikels sal plaas van wat  “agter die skerms” by Schnetler’s Ing plaasvind.  Hier sal u ook ons Direkteure en personeel in ‘n ontspanne atmosfeer leer ken.

Ons begin sommer ons eerste faceboek blad met ons jaareind-funksie van 2013. Dit het plaasgevind by Stardust in Woodstock en was ‘n aand van goeie kos, uitstekende musiek en sang en lekker dans en kuier.

Ons hoop en vertrou dat u as ons kliënte ons nuwe webtuiste en facebook blad sal geniet.

Ons laat u met hierdie boodskap:

“As jy iemand anders teen die steilte van die lewe uithelp

Bereik jy self ook die top” – skrywer onbekend

Groete van die Schnetler’s Span.