UIF


Workers who become unemployed have the right to claim from the UIF. Workers must apply and will be paid at the labour centre of their choice.


Application

The Unemployment Insurance Act and Unemployment Insurance Contributions Act apply to all employers and workers, but not to -

  • workers working less than 24 hours a month for an employer;
  • learners;
  • public servants;
  • foreigners working on contract;
  • workers who get a monthly State (old age) pension; or
  • workers who only earn commission.

            

Domestic employers and their workers are included under the Act since 1 April 2003.


Claiming:

 

Who can claim?

You cannot claim if you get –

  • benefits from the Compensation Fund;
  • benefits from an unemployment fund under the Labour Relations Act;
  • or if they – 
  • are suspended from claiming because of fraud;
  • quit their job;
  • do not report at set dates and times; or
  • refuse training and advice.

            

Workers can claim if their – 

  • employers are bankrupt; 
  • contracts are ended; or if they
  • are fired.

         

Domestic workers can also claim if –

  • they work for more than 1 employer, and loose their job at one of the employers; or
  • their employer dies.

 

Workers must register as worker-seekers (see How to Register as Work-seeker) and be available for work. Based on legislation in Section 14, Section 16, Section 36, of the Unemployment Insurance Act


When must I claim?

Workers must claim within six months after they stopped working. Based on Legislation in Section 17 of the Unemployment Insurance Act


How long can I claim for?

Workers can claim from the day they stopped working until their benefits are used up or they start working again. Based on Legislation in Section 15, of the Unemployment Insurance Act


How do I claim?

Workers must fill in the application forms and, together with other required documents, hand it in at a labour centre.


Benefit Payments

How will I be paid?

Benefit payments can be collected from a labour centre of your choice. Based on legislation in Section 18, of the Unemployment Insurance Act


Tax

No tax is payable on the benefits. Based on Legislation in Section 34 of the Unemployment Insurance Act


Overpayments

If you get more money than you should, you must pay back the extra money. Based on Legislation in Section 35, of the Unemployment Insurance Act


When the UIF May Refuse to Pay

The UIF may stop paying you benefits if you refuse to:

  • accept a job;
  • go for training; or
  • go for advice.

Based on Legislation in Section 18, of the Unemployment Insurance Act

  
Information provided by The Department of Labour. For more information visit www.labour.gov.za

Case Law Summaries and Articles

 

Can employees be dismissed for refusing to accept new terms and conditions of employment?

Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, “yes”.

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Escape route: “Resignation with immediate effect”

The latest case in the ‘disciplining employees who have resigned with immediate effect’ saga has brought about more uncertainty as to whether an employee who resigns with immediate effect shortly before a disciplinary hearing can avoid disciplinary action and subsequent dismissal.

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Freedom of expression or incitement to commit an offence? A constitutional challenge

On 4 July 2019, the North Gauteng High Court handed down judgment in the case of The EFF and other v Minister of Justice and Constitutional Development and other (87638/2017 and 45666/2017) in which the EFF and Julius Malema (the applicants) sought to have s18(2)(b) of the Riotous Assemblies Act, No 17 of 1956 (Riotous Act) declared unconstitutional.

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Consolidated, comprehensive or general final written warnings

Regarding dismissal, according to the Code of Good Practice, “the courts have endorsed the concept of corrective or progressive discipline. This approach regards the purpose of discipline as a means for employees to know and understand what standards are required of them.

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Employment Equity Committee Training

23 August 2019 (Fully Booked)

Emperors Palace: Convention Centre

29 August 2019 (Fully Booked)

Tsogo Sun: Century City: Cape Town

30 August 2019

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27 September 2019

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Southern Sun: Maharani: Durban

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Compensation for Occupational Injuries and Diseases Course

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Southern Sun: Maharani Towers: Durban

19 September 2019

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Emperors Palace: Convention Centre

27 September 2019

Tsogo Sun: Century City: Cape Town

AARTO and the Impact on Your Business

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18 October 2019

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Tsogo Sun: Century City: Stay Easy: Cape Town

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25 October 2019

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22 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

  

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