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South Africa Law

I need assistance with provident funds : Provident fund : I

Customer Question
Good day I need assistance...
Good day I need assistance with provident funds
JA: OK. To minimize me, please click the down arrow at the top right corner of this box. OK. To minimize me, please click the down arrow at the top right corner of this box. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Provident fund
JA: Please give me a bit more information, so we can help you best.
Customer: I am an employer and I fall under the cleaning sectorial determination. I've had the contract since 2013. It came to my attention now that I need to me a member of a provident fund. Is this compulsory? And do I need to contribute for the past two years without the employees contributing? Can I be exempted from the previous payments?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: South Africa
JA: Is there anything else the Lawyer should be aware of?
Customer: I was being audited by dept of labour in the past two years and this never came up as a deviation. Can I be expected to pay for 120 employees for the past two years. I was not informed of this.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.Category: South Africa Law
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Answered in 15 hours by:
6/14/2016
Lawyer: Freddie Lombard, Attorney replied 1 year ago
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,699
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

Good morning,

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

The Sectoral Determination you are referring to was implemented in 2001 already (in other words long before you obtained the contact in 2013). It is required/expected of any person who enters into the business world to have the knowledge and understanding of the legislation and requirements that is applicable to the specific business and sector.

Section 3.1 of the determination clearly makes the membership to the Provident Fund compulsory to all employers in the sector. As you can see here:

3.1 Employer Participation

a) Subject to (b)below, any Employer in the Contract Cleaning Sector shall participate in the Fund with effect from the commencement of the Fund or the commencement of the Employer's business in the Contract Cleaning Sector, whichever is the later.

So, unfortunately, unless you fall within the category covered by 3.1(b) (in other words you are a member to a different Provident fund that offers at least the same benefits to your employees as the Contract Cleaning National Provident Fund) then you will have to become a member of the Provident Fund with effect from either the commencement of the Fund (2001) or the commencement of the business (whichever is the latest). You will have to make contributions from such date.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.

Regards

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Customer reply replied 1 year ago
Thanks for the response. Are the employees also expected to pay their contributions since 2013? What is they cannot afford to pay? What if I cannot afford to pay regions contributions? What are the implications?
What happens to the employees that have resigned? Can they come and claim?
Lawyer: Freddie Lombard, Attorney replied 1 year ago

No, the employees will not be forced to pay the "arrears" contributions, but they can do so if they wish to.

If you cannot afford to pay the employer contributions it is quite possible that your business could be liquidated - as with any other debt that is due.

Yes, those employees who have resigned will have a claim.

Please remember to rate the service.

Regards

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Freddie Lombard
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,699
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Experience: Practicing attorney and conveyancer with 16 years post article experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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