Backpaying UIF

[Nerfherder]

So my domestic announced at the beginning of the year that she was retiring.
She was part time and worked for me for 6 years, I never did the UIF thing and we never had a contract.

She was fine for a while but in the last few years has struggled to complete her work, lots of extra leave and time off. I wasn't too phased about her leaving as it saved me the fight of asking her to leave.

She had mentioned that she wanted to retire and then announced in the beginning of feb that she wanted to go. She also had to attend a funeral so I said - OK, take the rest of the month off and I'll pay you. Good bye, thanks very much.

When she got her last pay check at the end of the month she came back to me and asked if that was it ? She feels she should get more as she has worked for me for 6 years. She also complained that I only gave her R500 for Christmas.

As with most people things are tight but I do feel sorry for her. I'm almost sure she has not planned for this and does not know what to do. She is not a bad person and I did trust her in my home.
I think the only thing I have really neglected is the UIF contributions. What I need to know is: Is there a way I can pay the contributions now so that she can claim UIF ? I worked out it will be about 3k...
Also - when can she claim a state pension ? is it 60 or 65 ?

 

[Johnatan56]

She decided to retire? No UIF http://hrtorque.co.za/uif-act-and-retirement/

Old age pension is 60+
https://www.gov.za/services/social-benefits-retirement-and-old-age/old-age-pension

How many hours was she working? You probably did need to pay UIF either way, but she won't be getting it.

 

[Nerfherder]

She decided to retire? No UIF http://hrtorque.co.za/uif-act-and-retirement/

Old age pension is 60+
https://www.gov.za/services/social-benefits-retirement-and-old-age/old-age-pension

How many hours was she working? You probably did need to pay UIF either way, but she won't be getting it.

It was 2 days a week - and only 5 ours a day at most. She also had someone else who was employing her for the rest of the week.

 

[Johnatan56]

It was 2 days a week - and only 5 ours a day at most. She also had someone else who was employing her for the rest of the week.

You need to have been paying it if more than 24 hours a month, regardless of whether there was another employer. You probably needed to have paid it.

 

[hellfire]

So my domestic announced at the beginning of the year that she was retiring.
She was part time and worked for me for 6 years, I never did the UIF thing and we never had a contract.

She was fine for a while but in the last few years has struggled to complete her work, lots of extra leave and time off. I wasn't too phased about her leaving as it saved me the fight of asking her to leave.

She had mentioned that she wanted to retire and then announced in the beginning of feb that she wanted to go. She also had to attend a funeral so I said - OK, take the rest of the month off and I'll pay you. Good bye, thanks very much.

When she got her last pay check at the end of the month she came back to me and asked if that was it ? She feels she should get more as she has worked for me for 6 years. She also complained that I only gave her R500 for Christmas.

As with most people things are tight but I do feel sorry for her. I'm almost sure she has not planned for this and does not know what to do. She is not a bad person and I did trust her in my home.
I think the only thing I have really neglected is the UIF contributions. What I need to know is: Is there a way I can pay the contributions now so that she can claim UIF ? I worked out it will be about 3k...
Also - when can she claim a state pension ? is it 60 or 65 ?

R3k plus the penalties they can levy

 

[Nerfherder]

You need to have been paying it if more than 24 hours a month, regardless of whether there was another employer. You probably needed to have paid it.

So if I back pay the UIF will she even be able to claim though ?

 

[quovadis]

So if I back pay the UIF will she even be able to claim though ?

You should really have everything in writing and be above board. If she gets approached by any of these “ccma” guys you’ll end up in a world of pain in time and money.

 

[Smokey888]

But if she is over 60, and retiring, she won't be able to claim UIF.

help her to get her stat pension (sasa grants)

 

[clickingbuttons]

It's of course your fault for not properly planning for her retirement.

 

[Hemi300c]

So if I back pay the UIF will she even be able to claim though ?

I made the same mistake and had it corrected. Paid the outstanding plus 10-12% interest and sorted. She got her UIF from the date of retirement.
Was quite easy to sort out and within about 7days it was sorted.

If in Pretoria I have a email address of a person to get started.

 

[Nerfherder]

I made the same mistake and had it corrected. Paid the outstanding plus 10-12% interest and sorted. She got her UIF from the date of retirement.
Was quite easy to sort out and within about 7days it was sorted.

If in Pretoria I have a email address of a person to get started.

Ok so she can get both UF and state pension ?

 

[Smokey888]

, if you voluntarily retire then no UIF can be claimed

 

[Nerfherder]

It's of course your fault for not properly planning for her retirement.

Well no obviously - but sorting out UIF is my responsibility.

and TBH if I had covered R100 in a unit trust account for her every month things would be going a lot better.

 

[Nerfherder]

, if you voluntarily retire then no UIF can be claimed

If I fire her then I'll have to pay in I suppose ?
It did feel like she was pushing me in that direction

 

[quovadis]

If I fire her then I'll have to pay in I suppose ?
It did feel like she was pushing me in that direction

Your liability arises if she lands up at the ccma and they start investigating your compliance with the various labour laws or she claims your version of events is different to hers as it invariably does.

 

[Hemi300c]

Ok so she can get both UF and state pension ?

She was getting UIF as she was under 60. Not sure about pension.

 

[Nerfherder]

Your liability arises if she lands up at the ccma and they start investigating your compliance with the various labour laws or she claims your version of events is different to hers as it invariably does.

I know this part... and i'm slightly worried however from her POV I can settle the UIF for R3000 +interest and she might not get any of that.
OR I can just give her R1500 and she can have that money without hassle.

 

[quovadis]

I know this part... and i'm slightly worried however from her POV I can settle the UIF for R3000 +interest and she might not get any of that.
OR I can just give her R1500 and she can have that money without hassle.

Or door #3 - You pay her R1500 and she still takes you to the CCMA.

You might want to just sit down with her and explain the situation and offer a settlement in lieu of everything and perhaps get a lawyer to advise you - either way if you sit down with your domestic to discuss this ensure there is a record/independent witness who confirms her wish to retire etc.

 

[Hemi300c]

I know this part... and i'm slightly worried however from her POV I can settle the UIF for R3000 +interest and she might not get any of that.
OR I can just give her R1500 and she can have that money without hassle.

Nope because believe me 99% of the time they will after settlement go to UIF and you'll double pay.

 

[Toxxyc]

You need to have been paying it if more than 24 hours a month,

Oh goody I'm in the clear with ours still.