The increase in industrial action over the past two years has heavily stressed the need for a well-defined and well-understood remuneration policy in the event of a strike.
According to the Department of Labour’s Industrial Action report, workers involved in strike action during 2017 lost R251 million in wages compared to R161 million in 2016. This represents an increase of almost 56%. The number of workers involved in strike action increase by almost 39% from 2016 to last year. According to the report strike action increased by 8% over the last two years and is the highest since the department started monitoring strike action. The Labour Relations Act allows for the “No work, No pay Principle”, however it is not as simple as the mere loss of wages for the time employees are not at work. SAPA executive Lavine Haripersad says a company’s policy or practice note must be quite specific and detailed around the payment or suspension of benefits during the strike period. The Policy The impact on benefits such as medical aid cover, pension contributions and risk cover are seldom considered when the “No work, No pay Principle” is applied. In terms of the act the employer is not obliged to pay the employee during the strike period. This also applies to the payment made by the employer on behalf of the employee for certain benefits. “If these payments are suspended during the strike, it means employees are not covered when they at their most vulnerable. They could be injured, or someone might even die and their families are left exposed.” Other payroll considerations relate to the impact on leave and bonus payments when employees participate in industrial action. Haripersad says a bonus payment will have to be made pro rata to adjust for the days the employee was on strike. It is also general practice that there will be no leave accrual during the time workers are on strike. According to the Department of Labour’s 2017 Industrial Action report most strikes lasted around 11 working days, which translates into around half of the month’s possible leave accrual. The Agreement If there is an agreement between the union and the employer that the payment of benefits will continue during a strike, it is important that the policy states clearly how the money will be recouped at a later stage from employees. Statutory payments will take precedence – this includes Pay-As-You-Earn (PAYE) and contributions to the Unemployment Insurance Fund (UIF). During strike actions the Human Resource Director and Executive Management are focused on the strike and in trying to ensure that the business is not affected negatively. There is then little time to consider payroll issues. If there is a clear and well-understood policy and agreement, it is one thing less to worry about. The System Most companies will have a system which can accommodate the calculations of pro-rata payroll and alignment to the policy to manage the impact of industrial action. It is critical to keep accurate time records to know when the employee was absent from work to ensure that payroll is adjusted accordingly. Employers are legally required to keep these records during strike periods. Another issue is when the strike continues from one tax year into the next and the adjustment of payroll. In some instances, it may be necessary to go back to the previous tax year and adjust payroll to ensure that the tax records reflect correctly, notes Haripersad. ENDS MEDIA CONTACT: Idéle Prinsloo, 082 573 9219, [email protected], www.atthatpoint.co.za For more information on SAPA please visit: Website: http://www.sapayroll.co.za/ Twitter: @SAPayroll LinkedIn: The South African Payroll Associatio
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The challenges that small businesses in South Africa face are unique and often complex. South African Payroll Association (SAPA) Executive, Arlene Leggat, says there are several things that small business owners should keep in mind regarding their payroll system, and their obligations to ensure they comply with the law, and set their businesses up for success as they grow and expand.
“Many times, a small business’ payroll evolves organically. When a company starts out, its payroll may consist of just a handful of employees. Only after the first person resigns or an employee gets dismissed do problematic pitfalls in a small and haphazard payroll system lead to major problems,” says Leggat. Responsibility towards employees and SARS A small business needs to register their business with SARS and all the relevant legislative bodies even if it is not yet paying tax. It may seem more efficient to simply pay employees from the company’s bank account without having to deal with all the administration involved with printing pay slips and deducting UIF, but this approach can lead to run-ins with the law. “All employees are required by law to receive a payslip, and to contribute to UIF. This may be an onerous task that seems unnecessary in the beginning, but if a dismissed, retrenched or disgruntled employee tries to claim UIF and can’t, there are serious repercussions for the business owner. Business owners who neglect to do this can be served with penalties and fines,” says Leggat. Small business owners also need to make sure that whatever deductions are made to employees’ salaries are paid over to SARS. It can happen that a new or growing company runs into cashflow issues and neglects to pay the tax that has been deducted from workers to the revenue authority. “Ignorance will not protect you against the law and neglecting to pay an employee’s tax to SARS constitutes fraudulent activity,” says Leggat. When to consider outsourcing While she doesn’t believe that outsourcing payroll and accounting duties is a sustainable solution for all businesses, Leggat believes it does make sense for many small companies who are either just starting out or growing. “If your business is still new, then outsourcing your payroll needs to an accredited and experienced professional is advisable. This way, you have the peace of mind that comes with knowing someone is dealing with the authorities on your behalf, making sure your employees’ tax certificates are completed and submitted on time, and that a knowledgeable person is staying on top of everything for you,” says Leggat. Instead of entrusting your payroll to a friend or acquaintance who only has limited knowledge of payroll systems and accounting, rather enlist in a course to upskill yourself on what your responsibilities are as a new business owner. “There are many one-day courses offered by government institutions that are aimed at empowering entrepreneurs with the knowledge they need to set up their businesses and comply with South African legislation. Payroll and accounting may not be your core competencies, but your business is your responsibility and you need to be driving your payroll strategy correctly from the very beginning,” concludes Leggat. ENDS MEDIA CONTACT: Idéle Prinsloo, 082 573 9219, [email protected], www.atthatpoint.co.za For more information on SAPA please visit: Website: http://www.sapayroll.co.za/ Twitter: @SAPayroll LinkedIn: The South African Payroll Association Factors such as age, lifestyle and experience make it difficult to analyse whether employees want more net pay or better benefits, but one thing is certain, there is no one size fits all solution.
What has become evident is that millennials are redefining employee benefits and that employers must find ways to adapt. Millennials are a growing sector of the workforce, and so employers need to consider how their benefit or remuneration structure should change to attract and retain talent. Younger people may prefer to look for benefits which they can personally manage, as they are technologically better skilled. The trend is to want higher net pay with fewer “built in” benefits. On the other hand, for the older generation it may be different, they might prefer more security with benefits, in the form of health care and retirement fund savings. The labour force may also look for more net pay, as they are already battling to make ends meet. Over 55% of South Africa’s population currently live below the poverty line, and in such cases taking care of immediate needs overrules things like saving for retirement. Higher paid employees will most likely favor better benefits as they already have enough money to take care of the necessities. The role of the economy in employees’ preferences Things like economic downgrading, unemployment and retrenchment threats play an important part in the decisions made by employees. South Africans are financially stressed, and when people have less money, things like retirement and healthcare will take a backseat, and left to be worried about at a later stage. The basic cost of living in South Africa is estimated to be at R5 544 a month, and with the proposed minimum wage of R3 500 per month, employees will still be struggling to get by, leaving no possible room for saving for their old age. The most important benefits Benefits, rather than salary taken in isolation, are a better predictor of employees enjoying their jobs. Employers strive to attract, retain and motivate a skilled, high performance workforce. If an employee is in the position to negotiate better benefits, the most important ones to look out for are retirement, risk and healthcare benefits. When considering healthcare benefits, flexibility in choice is key. Employees should be able to choose their plan to suit their and their family’s needs. When looking at retirement benefits, it is important to have a risk component included as part of a retirement fund scheme. The way to go would be umbrella funds with flexible options as every employee has a different need depending on where they are in their life. The cost of disability and life cover benefits can be very cost effective in a Group Scheme, rather than if taken in a personal capacity. Choice, flexibility and equity is key in the benefits model offer so that employees can make choices depending on their needs that are constantly changing. Employers must remain relevant to their employee benefit offering. The employer’s role in assisting employees to make better financial decisions Employers should provide financial education to employees to assist them in making the right choices for their future. A responsible employer will offer compulsory savings in the form of a retirement fund and basic health care benefits. Enforced payroll deductions as part of an employment package are often the only way employees are encouraged to save or to mitigate risks. It is argued that you are less likely to miss money already subtracted than money you are expected to save after paying all your monthly expenses. employers need to remember that even if it is an employees preference to have a higher net pay with less benefits, should trouble strike the employee they will look first to the employer for a “bail out”, and assuming the employer needs the employee back at work, they will be left footing the bill. In the end it is very much up to the individual’s needs when deciding between better benefits and higher net pay, and no employer should force their employees into either direction. ENDS MEDIA CONTACT: Idéle Prinsloo, 082 573 9219, [email protected], www.atthatpoint.co.za For more information on SAPA please visit: Website: http://www.sapayroll.co.za/ Twitter: @SAPayroll LinkedIn: The South African Payroll Association |
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