Section 3 (UIF) – Administration of Act

Posted on November 30, 2020December 12, 2020 by admin_kmos

3 Administration of Act

(1) This Act must be administered by the Commissioner, in accordance with the provisions of the Tax Administration Act.

[Subsection (1) substituted by section 271 read with paragraph 158(a) of Schedule 1 of Act 28 of 2011]

(1A) Administrative requirements and procedures for purposes of the performance of any duty, power or obligation or the exercise of any right in terms of this Act are, to the extent not regulated in this Act, regulated by the Tax Administration Act.

[Subsection (1A) inserted by section 271 read with paragraph 158(b) of Schedule 1 of Act 28 of 2011]

(2) In addition to section 9 of the Tax Administration Act, and in accordance with section 10 of that Act, the Commissioner may delegate any power or assign any duty which relates to the collection of-

(a) contributions payable to the Unemployment Insurance Commissioner in terms of section 9; and

(b) any information to be submitted by employers in terms of this Act, to the Unemployment Insurance Commissioner.

[Subsection (2) substituted by section 271 read with paragraph 158(c) of Schedule 1 of Act 28 of 2011]

Section 4 (UIF) – Application of Act

Posted on November 30, 2020December 12, 2020 by admin_kmos

4 Application of Act

(1) This Act applies to all employers and employees, other than—

(a) an employee and his or her employer, where such employee is employed by that employer for less than 24 hours a month;

(b) . . . . . .

[Paragraph (b) substituted by section 208(1) (a) of Act 45 of 2003 and deleted by section 89(1) of Act 17 of 2017 effective on 1 March, 2018]

(c) employees in the national and provincial spheres of government who are officers or employees as defined in section 1(1) of the Public Service Act, 1994 (Proclamation No. 103 of 1994), and their employers;

[Paragraph (c) substituted by section 208(1) (a) of Act 45 of 2003 and amended by section 144(1) (a) of Act 24 of 2011 and by section 152(1) (a) of Act 22 of 2012 both deemed effective on 1 April, 2002]

(d) . . . . . .

[Paragraph (d) amended by section 144(1) (b) of Act 24 of 2011 and by section 152(1) (b) of Act 22 of 2012 and deleted by section 89(1) of Act 17 of 2017 effective on 1 March, 2018]

(e) the President, Deputy President, a Minister, Deputy Minister, a member of the National Assembly, a permanent delegate to the National Council of Provinces, a Premier, a member of an Executive Council or a member of a provincial legislature; and

[Paragraph (e) added by section 144(1) (c) of Act 24 of 2011 and by section 152(1) (c) of Act 22 of 2012 both deemed effective on 1 April, 2002]

(f) any member of a municipal council, a traditional leader, a member of a provincial House of Traditional Leaders and a member of the Council of Traditional Leaders.

[Paragraph (f) added by section 144(1) (c) of Act 24 of 2011 and by section 152(1) (c) of Act 22 of 2012 both deemed effective on 1 April, 2002]

Section 5 (UIF) – Duty to contribute to Fund

Posted on November 30, 2020December 12, 2020 by admin_kmos

CHAPTER 2
DUTY TO CONTRIBUTE AND RECOVERY OF CONTRIBUTIONS

5 Duty to contribute to Fund

(1) Every employer and every employee to whom this Act applies must, on a monthly basis, contribute to the Unemployment Insurance Fund.

(2) The contributions must be paid by the employer either to the Commissioner in terms of section 8 or to the Unemployment Insurance Commissioner in terms of section 9, whichever is applicable to the particular employer.

Section 6 (UIF) – Determination of contribution

Posted on November 30, 2020December 12, 2020 by admin_kmos

6 Determination of contribution

(1) Subject to subsection (2), the amount of the contribution payable in terms of section 5–

(a)

(i) by an employee, must be one per cent of the remuneration paid or payable to that employee by his or her employer during any month; or

(ii) by an employer in respect of any one of its employees, must be equal to one per cent of the remuneration paid or payable by that employer to that employee during any month; or

(b) a percentage as the Minister may announce in the national annual budget contemplated in section 27(1) of the Public Finance Management Act, 1999 (Act 1 of 1999), effective on a date mentioned in that announcement.

[Subsection (1) substituted by section 89(a) of Act 15 of 2016]

(1A) If the Minister makes an announcement contemplated in subsection (1)(b), that percentage comes into effect on the date determined by the Minister in that announcement and continues to apply for a period of 12 months from that date subject to Parliament passing legislation giving effect to that announcement within that period of 12 months.

[Subsection (1A) inserted by section 89(b) of Act 15 of 2016]

(2) Subsection (1) does not apply to so much of the remuneration paid or payable by an employer to an employee during any month as exceeds an amount determined from time to time by the Minister of Finance by notice in the Gazette, after consultation with the Minister of Labour and the Unemployment Insurance Commissioner.

[Note: Amount determined and published under Government Notice No. R.783 in Government Gazette 35715 of 26 September, 2012]

Section 7 (UIF) – Employer must deduct employee’s contribution

Posted on November 30, 2020December 12, 2020 by admin_kmos

7 Employer must deduct employee’s contribution

(1) Subject to subsection (2), an employer must, on a monthly basis, deduct or withhold the amount of the employee’s contribution contemplated in section 6(1) (a) from the remuneration paid or payable to that employee during that month.

(2) Where the remuneration of the employee is paid at intervals other than on a monthly basis, the employer must deduct the amount of the employee’s contributions on such other basis as coincides with the intervals of payment of remuneration by the employer to the employee.

(3) When making a deduction in terms of subsection (1) or (2), an employer may not-

(a) deduct amounts that are in excess of the amount of the contribution due by the employee;

(b) seek or receive a fee from the employee for complying with this Act; or

(4) Subject to subsection (3) (c), where the employer fails to deduct the contribution as contemplated in subsection (1) or (2), the employer is liable for such contributions.

(4A) Where an amount of an employee’s contribution which has been deducted or withheld by an employer which is a company (other than a listed company) in terms of this section has not been paid over to the Commissioner or the Unemployment Insurance Commissioner, as the case may be, the representative employer and every director and shareholder of that company who controls or is regularly involved in the management of the company’s overall financial affairs shall be personally liable for the payment of that amount to the Commissioner or the Unemployment Insurance Commissioner and for any penalty contemplated in section 13(2) which may be imposed in respect of that payment.

[Subsection (4A) inserted by section 209(1) of Act 45 of 2003]

(5) If any payment made by the employer to the Commissioner or the Unemployment Insurance Commissioner in terms of section 8 or 9, as the case may be, includes an amount which was deducted or withheld in terms of subsection (1) or (2), and it subsequently becomes known to the employer that the payment made by the employer was not due or payable in terms of this Act, or was in excess of the amount due or payable, the employer must refund to the employee such amount or excess amount, as the case may be, as has been deducted or withheld and overpaid by the employer, despite the amount not having been refunded to the employer by the Commissioner or the Unemployment Insurance Commissioner, as the case may be.

Section 8 (UIF) – Payment of contribution to Commissioner and refund

Posted on November 30, 2020August 9, 2022 by admin_kmos

8 Payment of contribution to Commissioner and refund

(1) Every employer, other than an employer contemplated in section 9(1), must on a monthly basis pay the amount of all employees’ contributions and the employer’s contributions in respect of every employee in the employment of that employer to the Commissioner not later than seven days, or such longer period as the Commissioner may determine, after the end of the month in respect of which the contributions are payable.

(1A) Notwithstanding the provisions of subsection (1), if an employer is a micro business that is registered in terms of the Sixth Schedule to the Income Tax Act, the employer may pay the amount as described in subsection (1) to the Commissioner within the periods prescribed in paragraph 11(4A) of the Sixth Schedule to that Act.

[Subsection (1A) inserted by section 24(1) (a) of Act 39 of 2013 effective on 1 March, 2014 and applicable in respect of tax periods commencing on or after that date]

(2) An employer must, together with the payment referred to in subsection (1) or (1A), submit a return to the Commissioner.

[Subsection (2) substituted by section 271 read with paragraph 159(a) of Schedule 1 of Act 28 of 2011 and by section 24(1) (b) of Act 39 of 2013 effective on 1 March, 2014 and applicable in respect of tax periods commencing on or after that date]

(2A) Every employer shall—

(a) by such date or dates as prescribed by the Commissioner by notice in the Gazette; and

(b) if during any such period the employer ceases to carry on any business or other undertaking in respect of which the employer has paid or becomes liable to pay a contribution as determined in terms of section 6, or otherwise ceases to be an employer, within 14 days after the date on which the employer has so ceased to carry on that business or undertaking or to be an employer, as the case may be, or within such longer time as the Commissioner may approve,

render to the Commissioner such return as the Commissioner may prescribe.

[Subsection (2A) inserted by section 48 of Act 18 of 2009 and substituted by section 32(1) of Act 8 of 2010 deemed effective on 30 September, 2009]

(3) . . . . . .

[Subsection (3) substituted by section 81 of Act 30 of 2002 and deleted by section 271 read with paragraph 159(b) of Schedule 1 of Act 28 of 2011]

(4) The Commissioner must notify the Director-General, within such period as may be agreed upon between the Commissioner and the Director-General, of the amount of the contributions, interest and penalties collected from, and refunds made to, employers during the previous month and provide such further particulars as may be agreed upon by the Commissioner and the Director-General.

(5) The Commissioner may refuse to authorise a refund under section 190 of the Tax Administration Act, if the employer has failed to submit a return, as required in terms of subsection (2), until the employer has submitted such return.

[Subsection (5) added by section 23 of Act 24 of 2020]

Section 10 (UIF) – Duty to register as employer and duty to provide particulars

Posted on November 30, 2020December 12, 2020 by admin_kmos

10 Duty to register as employer and duty to provide particulars

(1) An employer to whom this Act applies must apply for registration to the Commissioner, in accordance with Chapter 3 of the Tax Administration Act, or the Unemployment Insurance Commissioner, in such manner and within such period as may be prescribed by the Unemployment Insurance Commissioner.

[Subsection (1) substituted by section 271 read with paragraph 161(a) of Schedule 1 of Act 28 of 2011]

(2) . . . . . .

[Subsection (2) deleted by section 271 read with paragraph 161(b) of Schedule 1 of Act 28 of 2011]

(3) Each employer contemplated in sections 8 and 9, must, before the seventh day of each month, submit to the Unemployment Insurance Commissioner, such information relating to its employees as the Minister may prescribe by regulation, including details relating to-

(a) the termination of the employment of any employee; and

(b) the appointment of any employee by the employer.

[Subsection (3) amended by section 32 of Act 21 of 2012]

(4) The Commissioner or the Unemployment Insurance Commissioner, as the case may be, may request the employer to provide within 30 days of the request, or such extended period as the Commissioner or Unemployment Insurance Commissioner may allow, such additional particulars as may reasonably be required to give effect to the purpose of this Act.

Section 11 (UIF) – Payment of amounts collected by Commissioner into National Revenue Fund

Posted on November 30, 2020December 12, 2020 by admin_kmos

11 Payment of amounts collected by Commissioner into National Revenue Fund

(1) The contributions, interest and penalties collected by the Commissioner in terms of this Act must, after deduction of any refunds, be paid into the National Revenue Fund.

(2) The total amount of contributions, interest and penalties paid into the National Revenue Fund in terms of subsection (1) is a direct charge against the National Revenue Fund for the credit of the Unemployment Insurance Fund.

(3) The Director-General must, within 14 days after receipt of the notice from the Commissioner in terms of section 8(4), authorise the transfer of the amount of the contributions, interest and penalties paid into the National Revenue Fund to the Unemployment Insurance Fund.

Section 12 (UIF) – Interest on late payments

Posted on November 30, 2020December 12, 2020 by admin_kmos

12 Interest on late payments

(1) An employer who fails to pay the full amount of any contribution within the period for payment prescribed by this Act, must pay interest on the outstanding amount at the rate contemplated in paragraph (b) of the definition of “prescribed rate” in section 1 of the Income Tax Act, calculated from the day following the last day for payment to the day that payment is received by the Commissioner or Unemployment Insurance Commissioner, as the case may be.

(2) The Commissioner may prescribe by notice in the Gazette that any interest payable in terms of this section be calculated on the daily balance owing and compounded monthly, and such method of determining interest will apply from such date as the Commissioner may prescribe.

[Section 12 substituted by section 82(1) of Act 30 of 2002 and by section 50 of Act 18 of 2009]

Section 13 (UIF) – Penalties on default

Posted on November 30, 2020December 12, 2020 by admin_kmos

13 Penalties on default

(1) If any contribution remains unpaid after the last day for payment thereof as contemplated in section 8(1), 8(1A) or 9(1), the Commissioner must, under Chapter 15 of the Tax Administration Act, impose a penalty of 10 per cent of the unpaid amount but the Commissioner or the Unemployment Insurance Commissioner, as the case may be, may remit the penalty or any portion thereof in accordance with the provisions of Chapter 15 of the Tax Administration Act.

[Subsection (1) substituted by section 271 read with paragraph 163(a) of Schedule 1 of Act 28 of 2011 and by section 25(1) of Act 39 of 2013 effective on 1 March, 2014 and applicable in respect of tax periods commencing on or after that date]

14 . . . . . .

[Section 14 repealed by section 271 read with paragraph 164 of Schedule 1 of Act 28 of 2011]