UIF Questions

[IMHO]

I employed a garden worker from Aug 08 to Dec 2012. He paid UIF and took the occasional sick leave. On 17 Sept 12 his illness became very severe and he could not work since. I paid him sick leave from then to 27 Dec 12. About 3 months. I then informed him that I can not pay him anymore and that his sick leave is exhausted. He excepted as such. I also told him I will run with a casual for as long as I can, but can not keep his position open indefinitely. He excepted that as well. Nothing in writing.

Today his family pitched, explaining he died on Monday and demanded his 'blue card'. We explained to them that blue cards does not exist anymore. They left, saying they will be back next week. I did not speak to them, my wife did.

My question is, what happens in a case like this?

He did not bring UIF up when he was alive, as far as I know, as he never brought the form to be filled in. I took it as that he has been to Dept of Labour. Yet he was without any income from 27 Dec 12 till he died, just short of 3 months.

Does the family now have a claim to UIF?
Am I responsible for anything?

[CLIVE-TRIANGLE]

You can either direct them to the nearest Dept. of Labour office (but they will merely return with a UI 19), or give them a completed UI 19 form to take to the office.

You can get a blank form here

[IMHO]

I actually wondered if they have any chance of success in claiming UIF?

[Nadz]

Our employer has not been paying over our UIF and I was just wondering, do we still have a claim? He has been deducting it from our salaries and it does reflect on our payslips but I have not received form or anything no UIF number etc.

[CLIVE-TRIANGLE]

but I have not received form or anything no UIF number etc.

There is actually nothing to receive.

On resignation or termination, you should receive a UI19 form from your employer which you then use to register for UIF benefits.

The absence of documents (as you refer to above) is not an indication that UIF is not paid over. If your PAYE is being paid over to SARS, you can bet so too is your UIF contribution.

[Nadz]

Oh okay thanks, but I do know for a fact he has not been paying any of the 2. What happens to the employees if PAYE is not paid over by the employer?

[Mike C]

I this not worth reporting? One could do it through the SARS efiling website.

[IMHO]

This is Africa. Maybe you should ask him for your cut? ( Tongue in cheek ...)

[CLIVE-TRIANGLE]

Oh okay thanks, but I do know for a fact he has not been paying any of the 2. What happens to the employees if PAYE is not paid over by the employer?

As it presently stands, the Tax Amendment Bill puts the onus on the employee - believe it or not - to prove that PAYE was deducted, and that he was "impoverished" thereby. If the employee is due a refund and the employer has significantly short-paid the PAYE, employees may be requested to prove the accuracy of their IRP5 by producing their payslips AND bank statements to show that the amounts paid to them was after the tax deduction.

If you have good reason to believe that the paye and uif is not being paid over, then you should pay SARS a visit because it may well haunt you later.