Employee problem

[Candystore]

My houseworker left my employment after 3 years of work. She was not happy that I was having conversations with her about her lack of performance. It was her choice to resign and I did not fire her.

She is from Zimbabwe and her asylum papers are all in order, but I did not register her for UIF. That was my mistake. She wants compensation for constructive dismissal. She is unable to claim UIF because I did not register her.

What will happen with SARS? Will I get a penalty/fine or what problems can I expect from my failing to register the employee?

 

[Billy]

She would not be able to claim UIF because she resigned.

Here are all your answers: http://www.labour.gov.za/DOL/find-more-info/all-about-domestic-workers

 

[Drifter]

Exactly that ^^^.

 

[Billy]

13 PENALTIES AND INTEREST
Reference to the Act
Section 12(1), 12(2) and 13(2) of the UIC Act.
Meaning
 In terms of Section 12(1) of the UIC Act interest shall be payable at the prescribed rate if any amount of UIF contribution is not paid in full within the prescribed period for payment of such amount. In addition thereto, a penalty equal to 10% in terms of Section 13(1) of the UIC Act will be imposed on late payments or outstanding amounts.
 The Commissioner may prescribe by notice in the Government 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, in terms of Section 12(2).
 Where the employer fails to pay the relevant amount with intent to evade his/her obligation, the employer may in terms of Section 13(2) of the UIC Act be liable to pay a penalty not exceeding an amount equal to twice the amount of UIF contribution which the employer so failed to pay.
 Any decision by the Commissioner not to remit any penalty or to impose any penalty shall be subject to objection or appeal.

 

[ice_cubes]

she's taking chances...you cant claim UIF if you resigned

 

[Candystore]

So Billy, would she then have to report me to SARS for them to penalise me as you set out in your post?

 

[ice_cubes]

she'll probably try CCMA

 

[Candystore]

she'll probably try CCMA

For claiming compensation?

 

[ToxicBunny]

She resigned, no UIF.

You will probably be in a bit of kark for not registering her and paying UIF.. but it won't benefit her in the slightest now, she waived her right to UIF by resigning

 

[web]

UIF fines are small anyway aren't they? Paid one once it wasn't much at all, although it was a few years ago.

 

[ice_cubes]

For claiming compensation?

No, she'll go because of lack of knowledge. Most people run to CCMA because they believe its where all work issues go

 

[Billy]

So Billy, would she then have to report me to SARS for them to penalise me as you set out in your post?

Looks about right.

 

[R13...]

She resigned, no UIF.

You will probably be in a bit of kark for not registering her and paying UIF.. but it won't benefit her in the slightest now, she waived her right to UIF by resigning

But it sounds like she's claiming the resignation was forced on her by the employer from the constructive dismissal comment in the OP. So if she can prove that then she can claim she's entitled for UIF, but the OP will only be in trouble for not registering her. He'll only have to compensate her if she wins but would still be in kark as you say for not paying UIF.

 

[Candystore]

It is such a bad situation. I helped her out with a lot of money, in fact it was a few thousand rand when she was sick and off work for one month and this is how she repays me. She even borrowed money for her father and has not repaid it.

 

[Progenix Oj101]

It is such a bad situation. I helped her out with a lot of money, in fact it was a few thousand rand when she was sick and off work for one month and this is how she repays me. She even borrowed money for her father and has not repaid it.

It's difficult to reply without stereotyping or being accused of being racist, but it's not the first, second, tenth or hundredth such case I have come across.

 

[P924]

It is such a bad situation. I helped her out with a lot of money, in fact it was a few thousand rand when she was sick and off work for one month and this is how she repays me. She even borrowed money for her father and has not repaid it.

I have come to the conclusion that "borrow" has a different meaning in some cultures...

 

[ToxicBunny]

But it sounds like she's claiming the resignation was forced on her by the employer from the constructive dismissal comment in the OP. So if she can prove that then she can claim she's entitled for UIF, but the OP will only be in trouble for not registering her. He'll only have to compensate her if she wins but would still be in kark as you say for not paying UIF.

She may claim that, but its not necessarily that easy to prove.

 

[fruitbat]

My houseworker left my employment after 3 years of work. She was not happy that I was having conversations with her about her lack of performance. It was her choice to resign and I did not fire her.

She is from Zimbabwe and her asylum papers are all in order, but I did not register her for UIF. That was my mistake. She wants compensation for constructive dismissal. She is unable to claim UIF because I did not register her.

What will happen with SARS? Will I get a penalty/fine or what problems can I expect from my failing to register the employee?

What i have done before... And this was from someone who we let go..and then found out she was pregnant.
I also did not pay UIF. SO what i did was to register as an employer... and do the paper work and backpay the UIF for said employee. She then claimed UIF....

I'm pretty sure you can do that to avoid any repercussions or penaltys.

Having said this - her resigning = no UIF payout for her.

 

[poffle]

Exactly the same happened to my mom with the garden executive. Zimbabwean, my mom helped him every month with extra money, taking him places etc etc. He didnt seem to care about work anymore so he did a half ass job. My mom then gave him a choice, sign a contract agreeing to X,Y,Z or sign this resignation form. He resigned obviously because not being able to go home at 2pm was a big a deal breaker, fair enough.

1 month later he comes back saying he cant get UIF, this is bull****, madame must pay etc etc etc. Eventually we just paid him out what he would've been due from UIF so he could piss off. I think it was about R3 or 4k based on 15 years of service (registering as a UIF employer then putting in all payments and calculating what he would be owed)

 

[ToxicBunny]

Exactly the same happened to my mom with the garden executive. Zimbabwean, my mom helped him every month with extra money, taking him places etc etc. He didnt seem to care about work anymore so he did a half ass job. My mom then gave him a choice, sign a contract agreeing to X,Y,Z or sign this resignation form. He resigned obviously because not being able to go home at 2pm was a big a deal breaker, fair enough.

1 month later he comes back saying he cant get UIF, this is bull****, madame must pay etc etc etc. Eventually we just paid him out what he would've been due from UIF so he could piss off. I think it was about R3 or 4k based on 15 years of service (registering as a UIF employer then putting in all payments and calculating what he would be owed)

In your situation, that is constructive dismissal cut and dried.

Put contract in front of him, make him sign. Don't give him the option of resigning, he must make that decision himself without prompting from you.. and the contract mustn't be onerous.