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The new threshold for income tax returns

16/7/2019

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The increase in the tax return threshold
On the 6th of June this year, the head of SARS, Edward Kieswetter, announced that the threshold for submission of tax returns has been increased from R350 000 to R500 000. 

​This means that if you earned less than R500 000 in the 2019 tax year, you do not have to file a tax return.  This is however subject to certain conditions.

What is important to know about the tax return threshold
It seems that there is a lot of confusion under taxpayers about the tax return threshold.  “Some taxpayers are under the wrong impression that if they earn less than R500 000, they don’t have to pay tax”, says Jetro Malapane, Executive Committee member of the South African Payroll Association. 

There is however a difference between the tax threshold and the tax return submission threshold.  The tax threshold means that if you earn less than the tax threshold amount, you won’t have to pay tax.  This amount for the 2019 tax year was R78 150.

Conditions under which you still need to file a tax return
  • If you were not employed for the full tax year.
  • If you received income from more than one employer or source during the tax year.
  • If you contributed to a registered medical scheme.
  • If you contributed to a retirement annuity.
  • If you received a travel allowance or use of a company car.
“It is important that taxpayers understand the conditions under which they still need to file tax returns, and if they are unsure about any of the conditions, it is always safer to just submit your return” says Jetro Malapane.

The importance of keeping your tax affairs up to date
It is of great importance that taxpayers keep their tax affairs up to date, even if they don’t have to file a return.  Although SARS keeps track of which taxpayers don’t have to submit their returns, mistakes can still be made, so even if you do not submit, make sure you keep all your records just in case.

Outstanding tax returns can have a negative impact in the following cases:
When selling a property, SARS will verify whether your tax obligations have been met.  If this is not the case, the process can be delayed significantly, and SARS can also recoup your outstanding debt from the proceeds of the sale.

Your tax affairs must also be up to date if you are planning on financial emigration.  You need a financial emigration tax clearance certificate from SARS before you can receive clearance from the Reserve Bank to move your retirement annuities or other funds out of the country. 

Important dates to remember
Tax season for taxpayers using e-filing opened on the 1st of July and will close on the 4th of December.  For taxpayers filing their returns at branches, it opens on the 1st of August and closed on the 31st of October.
Taxpayers should make sure that they keep to the deadlines, or they could face penalties and interest.
 
ENDS

MEDIA CONTACT: Rosa-Mari Le Roux, 060 995 6277, rosa-mari@thatpoint.co.za, 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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Travel allowances - This is what you need to know

24/6/2019

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A Travel allowance should only be granted to employees who travel for business purposes and it is granted to finance a portion of an employee’s business travel cost.

Many payroll professionals, however, struggle to come to grips with the South African Revenue Service’s (SARS) travel allowance reporting /declaration, and employees feel the pinch at assessment for not maintaining accurate records of their business travels, says Sumeshan Nair, Executive Committee Member at the South African Payroll Association (SAPA).

Travel allowance versus Reimbursive travel
A fixed travel allowance and /or company petrol card should only be issued to employees who are required to do substantial business travel. It is recommended that companies assess travel allowances issued to employees on an annual basis to ensure that the allowance paid is in line with business kilometers traveled.

There are various factors which influence this calculation and employers are advised to consult SARS guidelines in this regard. Should the business travel be incidental then companies should use the Reimbursive travel option.
 
“While travel allowance is reported against the IRP5 code 3701,  Reimbursive travel is reported against IRP5 code 3703 if reimbursements are below the SARS recommended rate and IRP5 code 3702 codes if reimbursements are made at a rate higher than the SARS recommended rate.

Note, only the portion above the SARS recommended rate should be allocated against IRP5 code 3702. Reporting travel allowance and reimbursements correctly to SARS is crucial as it could have a negative impact on employees and result in employees having to pay into SARS on assessment,” says Nair.
 
“Companies have the ability to tax a certain portion of the travel allowance paid to employees, a process which is facilitated by most payroll systems. Most employers choose to tax 80% of the travel allowance paid to employees as a precaution and in the best interests of both the company and the employee” says Nair.
 
Requirements to claim deductions
Employees need to meet a number of requirements in order to claim travel allowance deduction from SARS. Some of these requirements include maintaining a log book, recording the total distance travelled for business and personal use and proof of travel expenses should be retained.

On assessment employees can claim against costs related to wear and tear of their vehicle, maintenance and repairs, vehicle license costs, insurance costs, and finance charges.
 
“It is important to note that an employee cannot claim travel allowance deductions if they are using a company car for business purposes. Travel between an employee’s home and place of work is regarded as private travel, for which they also cannot claim travel expenses from SARS,” says Nair.
 
Nair advises that it is not an employer’s responsibility to ensure an employee maintains their log book but rather it is in the best interest of everyone who receives a travel allowance to do so, should they want to claim deductions for business travel expenses on their income tax assessment.
 
“Employees need to keep their logbooks up to date and ensure their submissions to SARS are 100% factual. SARS has a log book template available on their website which is available to all.

I recommend employees download this for use as it indicates all details required by SARS for the purpose of claiming a deduction. Employees should keep this on hand at all times so that they get into the habit of updating it as they travel for business.

Without a logbook, employees will not be able to claim any deductions and results in employees being required to pay in to SARS on assessment,” concludes Nair.

ENDS

MEDIA CONTACT: Rosa-Mari Le Roux, 060 995 6277, rosa-mari@thatpoint.co.za, 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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Employment that speaks to the youth’s needs

13/6/2019

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With June 16 marking the commemoration of National Youth Day in South Africa and youth unemployment now at the top of the national agenda, the South African Payroll Association (SAPA) wants to appeal to learners and recent graduates to explore a career in payroll.

Jetro Malapane, Executive Committee member of the SAPA, says that the while payroll industry is often seen as undesirable for young people, the role of payroll professionals today differs greatly from the past.

“When people think of the payroll department, they picture a group of greying people who sit in dimly lit spaces and do data capturing all day. This couldn’t be further from the truth. It is a complex and rewarding job, making it a solid option for graduates,” says Malapane.

What does a payroll professional do?
Payroll professionals are specialists within companies and they serve a function that assists both the Human Resources department and the finance department. They keep track of employee information using accounting, databases, spreadsheets, and software programmes.

“Payroll professionals need to have mathematics at a matric level. While this is not a standard requirement, some people enter the workforce and become payroll administrators upon completing their Human Resources Management and Financial Accounting qualifications as graduates, others go on to earn diplomas and certificates in payroll administration offered by different colleges and institutions in South Africa, such as Accsys, SAGE and Payroll Education College in Johannesburg with, The Da Vinci Institute now offering a BCom degree majoring in payroll,” says Malapane.

The responsibilities of a new payroll administrator will differ greatly from someone who has specialised in the field and worked in the industry for a number of years.

Payroll professionals also register with the South African Payroll Association to become Certified Payroll Practitioners which is recognised by SAQA, the designation range from Certified Payroll Technician (Administrator/Specialist), Certified Payroll Administrator Practitioner (Senior Administrator/Specialist) and Certified Payroll Practitioner (Manager).

“Some payroll professionals go on to manage teams while others specialise in compensation and employee benefits as Rewards Professionals and tax specialists. Everything from understanding HR and finance principles to the Basic Conditions of Employment Act, Labour Relations Act and Employment Tax Laws become crucial. Companies rely on payroll professionals to stay on top of statutory change updates and guide them so that they are compliant,” says Malapane.

Employment that speaks to the youth’s needs
Employer branding firm Universum SA recently published its annual ranking survey to reveal the country’s ‘Most Attractive Employers 2019’. Over 45,000 students and close to 23,000 working professionals participated in the survey to share their opinions and views on career goals and ideal employers. The survey revealed that both students and working professionals prioritise security and stability from employers.

“The current economic climate is tough, but payroll professionals are something that virtually every business needs. As an eager and ambitious payroll professional, you can find a solid company and get the job security that you need in the payroll department,” says Malapane.

Malapane concludes by encouraging young payroll professionals to become a member of the SAPA. “The website is jam-packed with information about careers in payroll, the payroll industry, and statutory updates that will keep you on top of relevant developments in the industry. I become a member in 2011 and I have never looked back. Being a SAPA member can help you grow in this fascinating industry,” concludes Malapane.
 
ENDS

MEDIA CONTACT: Rosa-Mari Le Roux, 060 995 6277, rosa-mari@thatpoint.co.za, 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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UIF - This is what you need to know

22/5/2019

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What is the Unemployment Insurance Fund and how does it work?
The Unemployment Insurance Fund is a fund to which employees and employers contribute on a monthly basis.  
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The employee contributes 1% of their gross salary and the employer also contributes 1% of each employees’ salary.

The fund is there to provide temporary financial relief to employees who find themselves without a job.


This applies to all employees except for the following:
  • Employees who work less than 24 hours a month for an employer
  • Learners
  • Public servants
  • Foreign citizens working on a contract who will return to their own country when the contract expires
  • Workers who only earn commission
What are the benefits of UIF?
“Employees can claim up to 60% of their previous earnings but this is limited to a maximum amount of R14 872.Another great benefit is that expectant mothers who work for companies that don’t offer paid maternity leave can claim UIF benefits for four months,” says Jetro Malapane from the South African Payroll Association.

After changes have been made to the Act, benefits for 10 days unpaid parental leave (for new fathers or a parent of an adopted child) can also be claimed.  Beneficiaries of a deceased spouse or parent are also allowed to claim benefits, subject to certain conditions.

What are the most important things employees need to know about UIF?
Employees need to ensure that the correct amount is being deducted from their salaries, so it is a good idea to calculate the 1% of your gross salary and making sure it agrees to the amount on your pay slip.

Employees earning higher salaries (above the threshold of R14 872 per month or R178 464 annually) need to check that the maximum contribution of R148.72 is being deducted from their salary.

The Unemployment Insurance Benefit pays the first 238 days at a rate between 38 – 60% and then from 239 to 365 days at a flat rate of 20%.

It is important to know that if you resigned from you position you can not claim UIF benefits. 

“Whenever you leave a position, it is of high importance that you obtain your UI 19 form from your employer, whether you will be able to claim or not, as the Department of Labour need to keep track of your contributions and claims, “according to Jetro.

The bill allows employees to apply for maternity leave benefits eight weeks before delivery and up to 12 months after birth, on a flat rate for maternity benefits (66% of a woman's salary).

It also allows women who have lost their child in the last trimester qualify for maternity benefits and provide that a contributor (Male or Female) is entitled to illness benefits if the days of illness are seven days.

Another change to take note of is that the period you can claim benefits for has been extended from 6 months to 12 months. As well as providing for extension of benefits to those previously excluded i.e. Learner ships, Foreign Nationals and Civil Servants.
What are the responsibilities of employers regarding UIF
Employers need to familiarise themselves with the changes made to the Unemployment Insurance Act, namely the amendments made by Labour Laws Amendment Act 10 of 2018. 

It is of great importance that employers calculate the contributions from themselves and the employees correctly.  They should make sure that they are 100% compliant with the rules of UIF, in order to make sure that when the time comes employees will be able to claim their benefits when and if the time comes. 

Declarations and payments must be made on the 7th of every month, or the last Friday before the 7th if it falls on a weekend.

ENDS
MEDIA CONTACT: Rosa-Mari Le Roux, 060 995 6277, rosa-mari@thatpoint.co.za, 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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How companies can help employees and their families gain an education.

23/4/2019

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Co-authored by: Christelle Helling, Exco of the South African Payroll Association

Nelson Mandela once said: “Education is the most powerful weapon which you can use to change the world.”

For South African companies who have the available resources, there is a great initiative from the government which will allow companies to help employees and their families gain an education. 

Education should never be limited to just the rich and powerful.  We need to empower a whole generation by giving them the education they need to better their lives. 

How company-sponsored bursaries work
For a bursary or scholarship to qualify as a bona-fide bursary or scholarship (which means it will be tax exempt for the employee), it needs to meet the following requirements:
  1. Only employees earning a gross annual salary of less than R600 000 will qualify.
  2. The bursary or scholarship agreement should state that should the student fail to complete their studies, the bursary amount will be repayable by the employee.
  3. Bursaries and scholarships for NQF levels 1-4 (grades R – 12) are limited to R20 000 per year and for NQF levels 5-10 (including university education) it is limited to R60 000 per year.
Another great thing is that these bursaries are not limited to one per family. 

If for example an employee has three school-going children, they can apply for three bursaries of R20 000 each, providing that this additional R60 000 does not push their annual salary over the R600 000 limit to comply with the rules.
​
How companies should select employees for bursaries and scholarships
Employers should have a robust policy in place before implementing company-sponsored bursaries.  The policy must specify the requirements that should be met and should also be based on merit and need.

Education as a human right means that governments have an obligation to protect, respect and fulfil the right to education. This initiative is a gesture from the government that it is willing to honour its statement that education is a basic human right.

Implementation of company-sponsored bursaries and scholarships
The changes resulting from the bursaries and scholarships will have to be internally driven.

Consultants can be used during the first implementation phase but after that payroll and HR departments should take the responsibility to ensure that employees’ packages are correctly calculated and to have discussions with all qualifying employees where all the details are explained, and they are shown detailed examples to ensure they fully comprehend the benefits.

Leaving a legacy
Companies should also see this initiative as a way of investing in their own future.  If a company helps employees by providing them and their families with an education, they are cultivating loyal employees. 

They are also creating a legacy where the employees and their children will now have a proper education and can work for and help improve the company. 

As Helling says: “This is a great initiative because change lies in our children and their education.”
​
ENDS

MEDIA CONTACT: Rosa-Mari Le Roux, 060 995 6277, rosa-mari@thatpoint.co.za, 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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Late salary payments - Know your rights

27/3/2019

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The South African Labour Law allows employers leeway to pay their employees until the seventh day of the following month.
 
However, the majority of companies in South Africa have set a precedent by paying their employees by the 25th of the month, says Arlene Leggat, President of the South African Payroll Association (SAPA).
 
The law
The law stipulates that employers must pay their employees within seven days of the end of a pay period.
 
If we take March, the pay period is 1 March to 31 March, therefore the employer legally has until 7 April to pay his employees.
 
The precedent
In South Africa there is a precedent to pay employees on the 25th of each month and in the light of that, people have organised to have their debit orders go off from the 26th of each month.
 
“In effect it does not give payroll any leeway. If people are not paid on the 25th they can get into trouble because they may not have sufficient funds to honour their debit orders.”
 
Although employers are not legally obliged to pay their employees on the 25th of each month they have created an expectation that they will.
 
“Companies are now obliged to meet the expectation that has been created. You really have to pay your employees at the 25th of each month, because people have so much dependent on it.”
 
Financial distress
South African companies have been suffering financial difficulties because of the lack of economic growth. Cash flow problems have led to some being unable to pay their staff on time.
“It does happen more often than we want to believe, and it does happen to a lot of smaller companies. I do not understand why, but for some reason people think they can delay payment to small businesses, and they can’t.”
 
Any debtor who delays payment to a small company is putting their employees at risk.
 
Late payment
It is extremely rare to have an entire company’s payroll being paid late. “You may find that one or two people are being paid late because their paperwork did not arrive on time,” says Leggat.
 
Payroll administrators may not have been alerted to a new employee on time, and the paperwork is not done timeously. This happens quite often, she Leggat.
 
Habitual late payer
Employees who find their employer habitually pays a day or two late, find themselves in a difficult position.
 
The company is not breaking the law, because they have the seven-day leeway.
 
However, employees should use their employee forums, employee representatives or unions to take the matter up with the human resource department or even management.
 
The employee has very little recourse if they are not paid “on time”, as long as they are paid by the 7th of the next month.
 
“My recommendation to all employees is to ensure that their debit orders go off at the first of the next month. That gives everybody a little bit of time when payment is a day or two late.”
​
ENDS
 
MEDIA CONTACT: Rosa-Mari Le Roux , 060 995 6277, rosa-mari@thatpoint.co.za, 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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​"Misrepresenting your business to obtain minimum wage exemption could land you in jail"

18/2/2019

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The National Minimum Wage Act came into effect on 1 January 2019. While the Department of Labour has issued exemptions to the Act, it reported that it had only received 26 applications for the exemption.

By the end of January, one employer had been arrested by the South African Police Services for fraud for claiming that it could pay workers R16 an hour.

“The Department of Labour said that it planned to open a case against an employer that misrepresented his company to obtain an exemption from paying the National Minimal Wage. This is a clear and harsh message to companies who want to underpay workers by misrepresenting the profitability and assets of their business,” says Jetro Malapane, Executive Committee member of the South African Payroll Association

What are the rules surrounding the Minimum Wage and exemptions?
The National Minimum Wage Act No 9 of 2018, which was signed by President Cyril Ramaphosa, established a new minimum wage of R20.00 per hour for every ordinary hour worked, excluding farm workers, domestic workers and workers employed on an expanded public works program.

If an employer cannot afford to pay the National Minimum Wage, it can apply for an exemption under Section 15 of the National Wage Act.

The requirements to apply for an exemption haven’t been finalised, but it is anticipated that employers will have to submit audited financial statements, written submissions of employees’ reaction to the exemption application, and particulars such as the employer’s SARS number and UIF number, among others details.

“There was only a short time between the signing of the Act and its commencement date, which sent many employers into a tailspin. The Department of Labour is going to make sure that a company that cannot pay minimum wage is truly not in a financial position to pay the minimum wage. It will also make sure the employer’s particulars and the way they treat employees are above board before they consider granting an exemption,” says Malapane.

What payroll professionals need to know about the Minimum Wage
While the exemption procedure hasn’t been established, Section 16 of the Act will be dedicated to the Minister of Labour’s regulations on the information an employer must provide for an exemption, the procedure that needs to be followed, the manner of consultation with employees and the period within which an application for the exemption should be made.

According to SEESA, the Department of Labour is in the process of creating an online National Minimum Wage Exemption System that employers can use to apply for an exemption, but the launch of the system is yet to be established. If an employer receives an exemption from minimum wage, it may not exceed a period of one year.

“Payroll professionals should ensure that their clients and employers are aware of the Minimum Wage Act and that employees are being paid accordingly. The Department of Labour’s spokesperson has stated that the Department is intent on naming and shaming employers who are engaging in fraudulent activities by paying below the minimum wage. Claiming that your business has exemption to the minimum wage when it doesn’t is fraud,” concludes Malapane.

ENDS
MEDIA CONTACT: Rosa-Mari Le Roux, 060 995 6277, rosa-mari@thatpoint.co.za, 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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​The importance of developing payroll controls and frameworks

31/1/2019

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While many South African citizens would agree that payroll measures are put in place to prevent or detect fraud, this is not the most important reason to ensure that a company has proper controls and frameworks, South African Payroll Association (SAPA) board chairperson Arlene Leggat points out.

Speakers at SAPA’s annual conference, which took place across three South African cities, further highlighted why companies needed to ensure that they have the correct measures in place. Leggat relays some of these points.

The first step of implementing these controls is to ensure that your company’s payroll complies with legislative requirements.

“We all have the same legislation to comply with,” she points out, adding that the focus would then move to what makes your organisation different - internal policies.

“Are the policies compliant and then are they being implemented as intended?”

Challenges in introducing a framework
When it comes to the implementation of a payroll framework within an organisation, Leggat points out that while the actual application shouldn’t be challenging, there are other challenges companies face that aren’t always obvious.

“There are way too many payroll departments out there who presume that the system is legislatively compliant and so it is not checked. If you can run a payroll, you should make time to ensure that it is correct,” she urges.

Time pressures are often an obstacle that payroll manager and administrators face. Leggat explains that it is hard to impose a deadline schedule, which allows time to correctly do all the checks and controls when the payroll department is not supported by a company’s human resources department, or its managers.

“There is always someone who hasn’t done what they need to do in time, and to make sure the employee is not penalised, payroll needs to try and get things processed. This makes their window for checks and controls much shorter, which then allows for errors.”

To err is human, but at what cost?
Leggat further highlights that as human intervention plays a part in any payroll environment, it will always bring about the possibility of mistakes.

“In light of the value of some payrolls, an undetected mistake could be very expensive, and that is the main reason for setting up proper payroll controls. It is to ensure that mistakes that are made within the payroll environment are picked up and corrected before they become significant payroll errors.”

Not implementing payroll controls and frameworks also poses significant risks to a business, Leggat says.

“Those risks generally do not involve fraud. I have seen over payments ranging from R10 to R3-million to employees; legislative errors, which cost a pretty penny in penalties from the Department of Labour and the South African Revenue Services; losses due to lack of controls in bursary and loan structures."

"The financial loss to an organisation can be huge and that is what the controls need to mitigate. As far as non-compliance goes, one runs the risk of setting a precedent and facing the same penalties, again.”

“As far as controls are concerned, I think that consistency is an imperative."

"Do not rely on an external auditor to pick up any issue; run your own internal audits on a regular basis, get a payroll consultant in to work through your payroll to pick up any issues and design an internal payroll audit program that is thorough and covers all bases,” Leggat notes.

ENDS
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MEDIA CONTACT: Rosa-Mari Le Roux , 082 573 9219, rosa-mari@thatpoint.co.za, 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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Engaging and encouraging your employees through your payroll department

28/1/2019

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Payroll fulfills many roles within an organisation. Besides being responsible for employees’ compensation and ensuring that the business complies with various legislations, payroll can also drive engagement with employees.

Christelle Helling, Executive Committee Member of the South African Payroll Association (SAPA), says that payroll managers have many hats to wear within a business.
 
“Payroll is the custodian of very personal and important information within a business. We create a safe space for people to come and discuss matters relating to their salaries.

As payroll managers, we need to be empathetic and make sure we are proactively driving communication about everything from retirement policies and medical aid benefits to smarter saving, budgeting and investing,” says Helling.
 
Helping employees be smarter with their money
Many companies offer different employee benefit packages. When policies change, or new options become available to staff, it is payroll’s role to engage with workers so that they make the best decisions for themselves, their families, and their financial goals.
 
“Sometimes a simple email communication is enough to update employees, but other times payroll needs to work more closely with HR to ensure certain topics are addressed within a more appropriate platform for the target audience.

Being able to continually communicate what the company offers employees in terms of benefits is also very beneficial to the company because it serves as a live advertisement of how the business takes care of its employees,” says Helling.

Better corporate responsibility and ethics is encouraging

According to a 2018 study by LRN, provider of governance, ethics and compliance management applications and services, whether a company acts ethically is a significant factor in the average American’s willingness to work for an employer.

Their study showed that one in three employed Americans had actually left a job because they disagreed with a company’s business ethics. According to the 2016 Cone Communications Millennial Employee Engagement Study, three-quarters (76%) of Millennials would take a pay cut to work for a socially responsible company.
 
“In addition to the financial obligations that a company has towards its employees, payroll has to ensure that a company’s activities adhere to the country’s tax obligations and comply with employment legislation.

Employees don’t want to work for or engage with unethical businesses.

Payroll acts as a watchdog and if payroll can meet payroll deadlines consistently and accurately, then employees have more trust in the company’s ability to uphold its commitments to the law, society and the communities in which it operates.

A good payroll department encourages employees to work harder for a brand and it upholds the company’s reputation in the industry,” says Helling.
 
Aligning teams for better engagement
At a departmental level, payroll acts as Switzerland between the finance and the HR team. “Payroll often works very closely with the accounting department as well as the people team.

When payroll is closely aligned with these departments, engagement with employees goes up.

Ensuring all the departments use the same language and are working towards the same goals has become a core function of the payroll department,” concludes Helling.

ENDS

MEDIA CONTACT: Rosa-Mari Le Roux, 060 995 6277, rosa-mari@thatpoint.co.za, 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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Parental leave – South Africa catches up with the world

11/12/2018

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Since 2014, a Cape Town father, Henri Terblanche has been campaigning for more parental leave for fathers.  Fathers were only entitled to 3 days family responsibility leave as stated in the Basic Conditions of Employment Act.
 
Mr. Terblanche’s campaign was based on research done in Norway and Sweden and emphasised the benefits it would have for our society. The African Christian Democratic Party (ACDP) then tabled a private member’s bill, relying principally on Mr. Terblanche’s campaign, to help push the process.
 
What the Bill entails
The Bill provides for 10 days paid parental leave for fathers, as well as 10 weeks consecutive leave for mothers.
The Bill was seen as a major breakthrough for same-sex couples, especially men, who were never entitled to the time needed to introduce a child into their family and bond with it. 
 
The Bill also provides for parents of adopted children under the age of 2 years.  An employee is entitled to at least 10 consecutive weeks of adoption leave, which starts on the day the adoption order is granted.
 
For a surrogate motherhood agreement, a commissioning parent is also allowed at least 10 consecutive weeks of leave, which begins on the date of childbirth.Only one parent may take adoption or commissioning parental leave (both 10 weeks). The other must take parental leave (10 days).

In November 2017 the Labour Law Amendment Bill was passed by Parliament. 

A big victory for parents
On 23 November 2018 President Cyril Ramaphosa signed the Labour Relations and Labour Amendment Acts into law. 
This is a major step forward for parents in South Africa.  “For fathers to be able to claim their parental leave from UIF is a much bigger victory than it may seem” says Christelle Helling from the South African Payroll Association (SAPA).

What this means for companies
“Companies will have to revise their policies and procedures to accommodate the changes to the Basic Conditions of Employment Act” notes Helling.  These changes will have to be implemented fast because the Act comes into effect from January 2019.
 
How South Africa compares to the rest of the world
Around the world fathers’ rights to paid paternity leave varies greatly.  When compared to the rest of Africa, our new law of 10 days paid parental leave is very progressive, as the norm is between three and five days. We also compare favourably to countries such as Italy (one day, paid), New Zealand (two weeks, unpaid) and the United States of America (12 weeks, unpaid).
 
We do however still fall behind countries like India (three weeks, paid), Iran (three weeks for the first and second child, paid), Spain (15 days, paid), Finland (54 days, paid) and Iceland (3 months, paid).

However slow the progress might have been, at least we are catching up.
 
ENDS

MEDIA CONTACT: Rosa-Mari Le Roux, 060 995 6277, rosa-mari@thatpoint.co.za, 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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