I have just been rtold by my HR that a c...

Asked by Michael on 05-08-2020 21:47:55
Question posted in the General Law category relating to Gauteng

I have just been rtold by my HR that a concern i raised with my June pay is not incorrect but she does fail to provide me with a proper investigation set of answers as i requested. It involves the TERS UIF payouts, i received x2. one in April and one in June (actually claimed in April for May but was delayed). In this time i also went onto maternity leave so was not able to claim the 3rd available payout due to Maternity UIF. 

I am on a third of my basic salary during this leave as per company policy and when i checked my last few pay slips saw that in June i dd received exactly the same amounts as i verified online with UIF website. This figure is displayed on our payslips but as a debit and credit as to not have it affect any other values on the slip and SARS i saw issued a specific code to be used in payroll systems too. 

The above appears in my 'earnings' column togtyer with 1/3 basic.

The clear problem i saw and raised was that this above UIF provided funds was listed under my 'Deductions' column again obviously adding to my total deductions. These are not expenses but tacx related deductions thus cleary affecting my PAYE. The PAYE funy enough is in a sort of tax relief state now of sort or my basic has dropped below the taxable income so it became a positive negative. This PAYE value actaully will reduce the total value of total deductions. This month due to the 'Advance TERS ' being added here it most def caused my PAYE to change.

That was the background, the actual legal type question i want to really ask will be because she refuses to acknowledge there is or can be a issue so my next plan after doing all the investigating myselkf will be coming ut guns blazing bolding stating that this is a violation of the "Unemployment Insurance Act, 2001" as it indicates that this should not be deemed or categorized as renumeration and must remain PAYE free??

It is clear the TERS payment is an 'Exempt Income' item. I have done some of my own digging around SAGE payroll system and now know how these items are created on the backend so i have solid argument now.

BUT first would you agree that the above has goen against the stated law? and if so is the high level basic summary above sufficient of should i try dig deeper into the 'breaking' of this particular law?

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