Blog – Bradley & van der Merwe Chartered Accountants

NATIONAL MINIMUM WAGE EFFECTIVE – 1 JANUARY 2019

admin — Wed, 12 Dec 2018 11:05:00 +0000

The long awaited national minimum wage (NMW) has been signed into law. The effective date is 1 January 2019. What exactly does this mean for employers and employees?

The new minimum wage of R20 per hour applies across all sectors, with a few exceptions. The exceptions include domestic workers, farm/forestry workers and workers employed in Expanded Public Works Programmes.

The exceptions will only be temporary. It is envisaged that there will be a gradual adjustment of domestic and farm/forestry workers’ wages to come in line with the NMW. As a first step domestic workers’ minimum wages will be increased to a minimum rate of R15 per hour, and farm/forestry workers’ wages to a minimum rate of R18 per hour. The implementation dates of these increases have not yet been announced.

Some sectors will have to adjust their minima upwards with effect from 1 January 2019 – these include the Hospitality Sector, Wholesale and Retail Sector.

For employees who work 45 hours per week, the minimum monthly wage will be just short of R3900. If the contract of employment makes provision for less than 45 hours per week, the monthly rate can be less than this amount.

Employers are restricted in the way that they structure the remuneration package. The NMW excludes allowances that are paid to enable employees to work (such as transport and equipment), or payment in kind (such as board or accommodation), as well as bonuses, tips or food.

Employers are not permitted to unilaterally change working hours due to the implementation of the NMW. Any reduction of hours of work will have to be negotiated.

There is provision for employers to apply for exemption of up to a 10% reduction by means of an electronic system. At the time of the announcement of the implementation date there was no information available on how to go about this in practice.

REDUCE YOUR PAPERWORK ON PAYROLL – OUTSOURCE TO US

admin — Tue, 17 Jan 2017 20:49:21 +0000

Payroll is one of those things that has to be done but doesn’t directly help you grow your business. On top of that you never know who is looking at things they are not supposed to or using information for self-leverage. So why not make things easier for yourself and ensure better confidentiality through outsourcing …

REDUCE YOUR PAPERWORK ON PAYROLL – OUTSOURCE TO US Read More »

SME CYBER INSURANCE

admin — Thu, 06 Oct 2016 20:48:32 +0000

It is virtually impossible for any business to function without connecting to the world wide web.

Add to this, the reality that most adults and children walk around with a constantly-connected, super computer in their pockets and you’ve got a veritable hotbed of opportunities for cyber criminals. The commercialisation of cyber crime, has dramatically increased the occurrence and severity of cyber-attacks on businesses regardless of size SHA recognises the far reaching consequences that this ever-expanding cyber risk could have on a business, particularly those that may not have the resources or infrastructure to deal with such an event and therefore we have tailored a complete Cyber, Privacy and Media Insurance solution for small-to-medium sized enterprises

OUR POLICY HAS BEEN DESIGNED FOR SMALL TO MEDIUM SIZED BUSINESSES

IT Security & Incident Response: The expertise and services of an internationally recognised IT Security & Incident Response service provider
Cyber Liability: After a breach, the business may find it has to defend itself against and/or pay damages to third parties. This provides cover for legal defence costs and damages if the case is unsuccessfully defended
First Party Expenses: Once a breach occurs, there are costs and expenses to get the business back on track.

This extension covers the costs

to restore, re-collect or replace data,
of specialists, investigators, forensic auditors or loss adjusters,
of the use of rented, leased or hired equipment, services, labour, premises or additional operating costs (including staff overtime)
Loss of Business Income: There will be a negative impact on the income of the business. This extension covers the net income which would have been earned had the breach not occurred
Crisis Management Expenses: Every business cares about how their customers perceive it. This extension covers the costs of a public relations consultant or related advertising expenses in order to mitigate any reputational or material brand damage
Multimedia Liability: Most organisations use websites, social media platforms and other electronic media, and there is always a risk of copyright or defamation allegations. This extension covers the legal defence costs, legal liability to pay damages, public relations communication costs, claimants costs and claims expenses arising from the performance of multimedia activities
Cyber Extortion & Data Ransom Demand: Should your data or system be locked by ransomware or your company is threatened by cyber extortionists, there may be costs in negotiating with the hackers or paying a ransom demand. This extension covers costs of the investigation into the cause of, or the payment of monies in response to or as a result of, an extortion threat or ransom demand
Internet of Things Liability: Businesses that supply devices that are connected to a network may find themselves the subject of litigation if hackers intercept these devices and cause physical damage or injury. This extension covers the legal defence costs against such actions and possible damages to third parties
Theft of Funds: Businesses that have suffered a Network Security Breach may find that funds are taken by unauthorised third parties. This extension covers the monetary loss sustained as a direct result of a Network Security Breach
Notification Expenses: There will be costs to notify affected parties and monitor any possible identity theft. This extension covers the expenses incurred to comply with privacy legislation and includes legal and communication expenses as well as credit monitoring and identity theft education and assistance
Regulatory fines and penalties to extent insurable by law. Legislation such as POPI

(Protection of Personal Information) introduced the imposition of hefty fines, penalties and even jail time. This extension covers the legal defence costs against the sanction as well as the amount of the actual fine or penalty itself (as long as the regulator allows it

And for technology professionals, there is also the option to include:
Professional Indemnity: insurance for your legal liability to pay damages, claimant’s costs and claims expenses arising from the rendering of Professional Services

Contact Delene Auld on 041-395-6600 or email: delene@bvdm.co.za

DIRECTORS AND PERSONAL LIABILITY: THE LITTLE-KNOWN SECTION WAITING IN AMBUSH

admin — Tue, 27 Sep 2016 20:47:26 +0000

Since the “new” 2008 Companies Act came into effect in 2011, directors and other company officers have had to shoulder a raft of additional responsibilities and risks, amongst them a significantly increased risk of personal liability. Consider for example the little-known section 218(2) which waits in ambush for the unwary in the “Miscellaneous Matters” section at the tail-end of the Act, and which reads: “Any person who contravenes any provision of this Act is liable to any other person any loss or damage suffered by that person as a result of that contravention”.

That’s wide wording –

Anyone who has a duty to comply with the Act – not just directors – is in the firing line
They can be sued for any loss caused by any contravention
They risk personal liability to anyone who has suffered a loss – the company itself, shareholders, employees, creditors, suppliers, customers, etc

And the section has indeed been used several times to successfully attack directors.

A good example:-

A recent High Court case involving a liquidated company which failed to pay R1.5m in levies and provident fund contributions/salary deductions to a Bargaining Council. The two directors were ordered to pay the claims personally having, held the Court, acted in a grossly negligent manner, recklessly and with an intention to defraud only only the Council but also employees.

That of course was a serious contravention of the Act but the wording of the section suggests that even minor or technical contraventions will lead to liability – be warned accordingly!

Our NEW look!

admin — Fri, 23 Sep 2016 20:46:01 +0000

We are very proud of our new website! We hope you enjoy your future browsing at www.bvdm.co.za!
Don’t forget to follow us on Facebook!

SMALL BUSINESS CORPORATIONS

admin — Thu, 22 Sep 2016 08:38:49 +0000

The companies Act 71 of 2008 replaced the incorporated companies with personal liability companies and section 1 of the Companies Act defined a private company as a profit company that is not a public, personal liability or state owned company.

The exclusion of the personal liability company in the definition of a private company resulted in its exclusion from the income list of entities included in the definition of Small Business Corporation.

SAIPA & SAICA is working with the government and proposing that personal liability companies be included on the SBC list.

National Treasury has already acknowledged that they have made a mistake with this legislation. The challenge is the effective date.

On 14 September 2016, SAIPA appeared to the Finance standing committee in order to plea with them to consider back dating the effective date.

We will keep you informed regarding the developments.

BE WISE AND REVIEW YOUR WILL REGULARLY

admin — Fri, 16 Sep 2016 20:40:33 +0000

Another aspect to consider is who has been nominated as the executor of your will, the guardian of your children or the trustees of a trust to be established on your death for the benefit of for example your spouse and children. Usually testators/testatrix tend to nominate friends or family for these positions, not knowing that such a role may disqualify them from inheriting if they too witness the signing of the will. Often, when making a will before there are children, testators/testatrix will also not address issues relating to the legal guardianship or care of the children in the unfortunate event of the death of the parents. This could be an oversight particularly where minor children are involved. When it comes to a bequest to your minor children, you may think that just bequeathing your estate to your children is the right thing to do, not knowing that minor children are unable to inherit cash or property and that should you pass away, their bequests will fall to and be administered by the Master of the High Court’s Guardians Fund. One may ask – is it not dangerous that a young adult come into possession of his or her inheritance and potentially squander such recklessly? By stipulating a different inheritance age in your will or even providing for a testamentary trust to administer your assets on behalf of your children, you may help ensure that they are looked after in the future.

BE WISE AND REVIEW YOUR WILL REGULARLY

admin — Thu, 15 Sep 2016 20:43:51 +0000

A will should not be something that is concluded only once in your lifetime. Particularly where there are changes in one’s status or position in life e.g. marriage, divorce, children, inheritances, etc. It is always highly advisable to revisit your will and update it to your particular circumstances with the help of an estate planning specialist. For example, if you have been divorced and did not change your will, it could happen that your ex-spouse inherits your entire estate upon your death in accordance with the will you executed when you were still happily married. Our law only gives a period of three months following a divorce for you to amend your will during which time any bequest to your ex-spouse will be deemed revoked.

To determine whether your current will is valid will depend on a number of factors including

admin — Tue, 13 Sep 2016 20:44:27 +0000

1. The will must be in writing, whether handwritten or typed or a computer printed document.

2. The testator/testatrix must have signed the will at the end thereof.

3. The signatures of the testator/testatrix must be made in the presence of two or more competent witnesses. Witnesses are considered competent if they are 14 years or older and are competent to give evidence in a court of law.

4. The witnesses must attest and sign the will in the presence of the testator/testatrix and each other.

5.Should the will be more than a single page, each page other than the page on which it ends must be signed by the testator/testatrix.

NATIONAL WILLS WEEK: 12 – 16 SEPTEMBER 2016

admin — Mon, 12 Sep 2016 20:45:16 +0000

If you passed without a Will, your family could struggle to settle your estate. Would they have the financial support they need?

By drafting a will you ensure that your assets are disposed of according to your wishes after death.