Lockdown day 11 6 April 2020 Lockdown 8 April 2020 - Global Business Solutions
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Focus areas Business response New General Statistics planning & Q&A developments information legal considerations 2
Economic-labour impact The lockdown period and the The business impact from a Businesses will be well advised to recovery period is likely to be workforce perspective must be design a “to-be” business model in longer than expected and must be determined through a process of the “new-normal” context so that planned for accordingly. The induction and estimation based on there is certainty as to what the following slides showing the global key quantitative and qualitative desired position is in 2021 and local situation bear this out. factors 6 6
PRELIMINARY AUDITED GROUP RESULTS FOR FYE 30 JUNE 2019 Turnover R78,2bn (+3,9%) +1,6% (2018) | +3% (2017) Gross profit margin (39,2%:2018) | (39,7%:2017) Ops. profit margin (7%:2018) | (8,4%:2017) PBT R4,6bn (-3,7%) R5,5bn (-13,8%): 2018 Outside-in ROE 17,5% (from 18% in 2018) Employees - Africa 32 473 Training & dev. (SA) R110m BBBEE Level 6 Employees – Aus|NZ 13 626 Rem & benefits R10,5bn
Workforce model analysis – Con Court unpacked 2002 2012 2012 - 2017 2017 2020 onward All employees full Decision to employ only Set s189A in motion on 590 Ultimately 44 applicants How might we ….? time (45hpw) flexible workers (40hpw) full-timers to convert to saw the matter through to ❑ 16400 flexi-timers flexi-timers Con Court (s189A is the Outside-in ❑ 590 full-timers (50% right process but it was greater rem) substantively flawed) Labour law Transformation Financial optimisation Governance and compliance Productivity 4IR and related
Step 1: Be an authentic leader – an agent of change React Respond Transition Transform The The The new technical The cliff The come-back normal recession Respond to immediate sustainability “To-be” needs by optimizing “lock-down” status Transition towards - new policies, new terms of employment, new blended workforce business Two Q’s and starting/ continuing with operational models, new SLA’s, new skills sets, new technology model requirements restructuring Design-thinking
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Step 2: Determine the envisaged impact on your business? ❑ Sector ❑ Cash management and revenue forecasting ❑ Supply chain ❑ Remote work propensity ❑ Funding options ❑ Investor sentiment ❑ Staff demographic ❑ Workforce model (flexibility) ❑ Current terms of employment and remuneration ❑ Skills sets ❑ Technology 15
Step 3: Determine timeframes for scenario-planning and to assist in managing expectations buckets and merit-based responses Timeframes envisaged – planning buckets Return to pre-covid-19 economic GDP | Unemployment impact Business revenue (& Fatalities levels (12 months) cash flow impact) High road 0% - 10% High road 27 March to 16 (20 to 59 yrs|60+) 11% - 20% April 2020 -8% -5% 0,3% | 3,5% 21% - 30% 16 April to end of 31% - 40% lockdown 2 or 30 Middle road Middle road 41% - 50% (20 to 59 yrs|60+) May 2020 (earlier of) -13% -9% 51% - 60% 1% | 8% Yes, if lockdown is no more 61% - 70% Above to than 5 weeks and there is January 2021 progressive recovery Low road Low road 71% - 80% (20 to 59 yrs|60+) 81% - 90% Yes, if lockdown is for 3 months -20% -14% January to and there is progressive 1,3% | 12,5% 90% - 100% June 2021 recovery (June 2021) or slow recovery (Dec 2021) The new normal People % and ROHC
Phase 2: 17 April to 17 May 2020 Phase 3: 18 May to 18 June 2020 & beyond Step 4: Start establishing which measures resonate with you Measures Melt (soften) Smelt (refine and reduce) Refine and prepare - “new normal” Government • UIF: TERS COVID-19 • As alongside • As alongside • UIF: illness/Occ-acquired COVID-19/quarantine • CCMA – TERS (when available after lock- • CCMA – TERS (when available after lock-down) • SARS: various tax relief and retirement fund contr. down) • Tap into additional concessions • Business Support Initiatives • Tap into additional concessions • Prepare for life without the concessions as well • Essential services optimisation when modelling the business and workforce • Work from home optimisation • NWNP baseline (both essential and non-essential) Employment policies • Moratorium on recruitment • Exhaust all annual leave where possible (cash- • Re-set cost-accretive policies and introduce and employment • Focused training and education only personal depending) streamlined best practice contracts mastery, advocacy and technology (remote) • Suspend all costs related to human resources • Use learnings from the lock-down to introduce a • Invoke annual leave rights (exhaust) except for those still working new normal workforce model • Workforce segmentation • Fully implement workforce segmentation • Drive an appropriate mix between full-time, part- (1) Jobs generating full ROI and paid at 100% (1) Jobs generating full ROI and paid at 100% time, FTC, TES, outsourced and human cloud (2) Jobs generating partial ROI and paid (2) Jobs generating partial ROI and paid blended model proportionally proportionally (3) Jobs generating NO ROI and NWNP (3) Jobs generating NO ROI and NWNP • Start looking at implementing above 3 scenarios • Consider remuneration cut-backs even for • No increases and bonuses those working • Possible deferred schemes Labour law • Beneficial work arrangements (no overtime, • Basically implement a “suspension of • Re-set labour law agreements and arrangements to compressed work weeks, leave in lieu for overtime employment” where appropriate comply with law in the most optimal way possible etc) • NWNP broadly applied • Drive an appropriate mix between full-time, part- • Plan for a holistic s189A programme as appropriate • Start calculating impact of COVID-19 on age, time, FTC, TES, outsourced and human cloud gender and identify s189A cost of blended model retrenchments (cash requirements) • Full s189A Other • Cut contractors and FTC’s • Re-set all appropriate policies and procedures Stakeholder engagement for sustainability and close
Review regularly Review regularly Other General pay cut for all (consistent) Withhold retirement funding as per regulation requirements No-work-no-pay/ unpaid leave Pro-rate remuneration for less than full time worked Tap into other UIF/COIDA claims (illness, occup-acquired COVID) Apply for C19-TERS UIF claims Annual leave optimization/advance additional annual leave Fund full or part remuneration for limited period Rationalise contractors and FTC employees Employees required to work Employees not required to work lesser hours Employees required to work Consider s189A notice to start process (unable to work remotely or just ❑ -20% normal hours before returning to post lock-down no business need (no ROI) ❑ -40% ❑ -60% when concessions re NWNP expire ❑ -80% and full remuneration costs kick in again Workforce segmentation COVID-19 impact starts 18
Step 5: Start a deliberate transition to the new normal ❑ Start on a clean slate How might we: ❑ Agnostic to current or past • Design the workforce model ❑ Client and human-centric • Introduce processes ❑ Not problem to solution • Contract more effectively ❑ Multiple stakeholders • Manage cash ❑ First connect and then task • Harness technology
The two-tier labour relations economy Business “as-is” Business “to-be” new reality Lock-down Post lock-down normal Today January – June 2021 Leverage the State of Disaster to survive in short-term as popular view is there is NO need for consultation nor agreement to institute No Work No Pay (NWNP) and potentially short-time or changes in employment terms (in the latter case the view is that if the employee rejects the offer of short-time or changes in terms of employment then NWNP may apply). React and respond Common initiatives include: NWNP, short-time, exhaust annual leave, pay-cuts, no bonuses or increases and these are supplemented with C-19 UIF TERS and other co-funding arrangements. Problem: 1) It creates a false economy as the original employment terms revert after lockdown and other government support may fall away which inflates employee costs immediately 2) Post lock-down, the full procedural and substantive obligations of LRA etc apply and starting s189A at that point will mean a further 60 days + 30 days notice at pre-COVID-19 remuneration levels 3) This approach on its own does not align to the “new normal” as it is not well designed Business sustainability
The two-tier labour relations economy Business “to-be” new Business “as-is” reality Lock-down Post lock-down normal Today January – June 2021 The preferred approach would be to design the new-normal based on scenario-planning on the pre and post lockdown periods and then use s189A for Insightful transition to “new umbrella and staged implementation of business re-engineering between now and 2021. This will cater for: ❑ Still enjoying the levers of the lockdown in the lockdown period AND normal” ❑ Starting a legally acceptable process toward the “new normal” and in the process including aspects such as changing staff numbers, types of staff, skills sets, terms and conditions of employment, workforce models and other necessary aspects in the context of the overall s189A Benefits: 1) It enjoys the protection of the lockdown economy during the lockdown period Business 2) It starts the 60 – 90-day consultation countdown to mitigate the potential reversion to actual contractual terms of employment post lockdown 3) It creates a platform for engagement with staff that facilitates better communication and understanding as well as provides better legal protection sustainability 4) It is a deliberate process that will result in s sustainable “new normal” business
What could features of the “new normal” include? ❑ Reverting to basic conditions of employment for types of leave entitlement (minimums) ❑ Optimising work arrangements to minimize overtime and other inflated payments relative to ROI ❑ Introducing flexible work arrangements and cutting back on overheads ❑ Revising remuneration philosophies, structures and conditions to include greater emphasis on performance, output and pay for work done ❑ Having mainly essential staff employed directly on payroll and then integrating contractors, TES, human cloud, Youth, learnerships and other work schemes to align costs and drive procurement rather than direct employment ❑ New technologies and digitization ❑ Project-based FTC’s ❑ Strategic partnerships and collaboration ❑ Other
Transition Measures Melt (soften) Smelt (refine and reduce) Refine and prepare - “new normal” Human cloud Temporary Direct employment: Employment permanent; part-time; Service (TES) FTC; casual (payroll) Outsourced: Procurement – invoice independent for output contracting Payroll – pay for input Automation; and carries a 30% cost robotics; related plus
Wage arbitrage
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C19 TERS Update If you require assistance in managing/administering the Covid-19 Temporary Relief Scheme application process via UIF, GBS has a dedicated team ready to help you navigate this process, including a detailed Application Toolkit available. For more information please contact: natalies@globalbusiness.co.za
C19 TERS Timeline National Disaster Questions DEL process MOA concluded Benefits Challenges regarding DEL issues Auto Social Partners agree the practicalities of Response documents & changes to MOA including President announces C19 TERS raised by MOA requirements for acceptance of partial National Disaster Business, including C19 TERS applications. closure, no special bank Benefits Fund (NDB) set restrictive nature of (This will change several account and dropping up via UIF to assist directive times over next week) requirement for financial employees during distress lockdown 23 MAR 26 MAR 27 MAR 29 MAR 30 MAR 02 APR 03 APR 08 APR C19 TERS NEDLAC Shifting Goals Waiting final docs Minister of Social Partners DEL changes document Updated directive delayed in Employment & begin negotiation requirements and publishing. New Labour announces regarding application email address documentation requirements C19 TERS to challenges changes, without specific likely from DEL. Need for process UIF claims including special notification. companies to apply ASAP due electronically bank account, UI Commissioner announces to large volume of during lockdown partial closure & 3900 applications received applications already. part-payment thus far. If you require assistance in managing/administering the Covid-19 Temporary Relief Scheme application process via UIF, GBS has a dedicated team ready to help you navigate this process, including a detailed Application Toolkit available. For more information please contact: natalies@globalbusiness.co.za
COVID-19 LOCKDOWN: ACCESSING COVID-19 TEMPORARY RELIEF SCHEME Application Process 1 Employers shall report their closure to Covid19ters@labour.gov.za and will receive an automatic reply outlining the application process (as illustrated below) 3 Employer with Less 4a UIF will pay employees directly Docs Required UIF will download completed template to process claim: than 10 employees into nominated bank accounts Permission (from CEO) granted to individual • Calculation of benefits amounts Letter of Authority to lodge claims on behalf of Company using Income Replacement Rate sliding scale (38% - 60%) Employer with more than 10 employees MOA with UIF sets out the terms relating to • Benefits calculated on maximum MOA between participation in Covid-19 TERS. Employer will Capped Salary (R17 712) Employer & UIF be required to confirm agreement with terms & conditions electronically. • No less than R3500 payable per employee (irrespective of sector) 4b UIF will provide amount to be paid per employee & request invoice from Employer to transfer total amount. Complete template with following info: Prescribed template • Employer details containing critical Employer Employee • Period of closure • Employee details including Bank Details 5 Employer sends invoice to UIF. information • Remuneration received by Employees • Minimum Wage (R3500 across board) 2 Email Application & Documents 6 UIF deposits total amount into nominated Covid19UIFclaims@labour.gov.za Employer bank account. • Proof of remuneration to employees in Supporting form of 3 months Payroll (detailed) Information • Confirmation of Employer bank account in form of latest certified bank statement 7 Employer pays employees into their bank accounts and sends proof of payment to UIF
C19 TERS Update Frequently Asked Questions Q: Which employees do we include on the prescribed template from DEL? ONLY include those employees for whom you are claiming UI benefits, i.e.: • Employees who will not receive payment during this period - “no work, no pay” or “unpaid leave” • Employees who will only receive part of their salaries during this period, including those taking annual leave NOTE: Employees who are already claiming UIF (i.e. Maternity / Illness) must not be included, they continue as is Q: What is included in the “remuneration” for the purpose of UIF benefits calculation? For the purposes of determining “Remuneration” for UIF benefits calculation use all taxable earnings except commission. This would therefore include: • Basic salary (cash components) • Fixed allowances (e.g. travel, shift, etc.) • Company contributions for “perks” including medical aid / provident or pension • Overtime (calculate average over the last 6 months) If you require assistance in managing/administering the Covid-19 Temporary Relief Scheme application process via UIF, GBS has a dedicated team ready to help you navigate this process, including a detailed Application Toolkit available. For more information please contact: natalies@globalbusiness.co.za
C19 TERS Update Frequently Asked Questions Q: How much UI benefit will an Employee qualify for? The value will be determined on a pro rata basis (currently the lockdown period equates to 3 weeks). Minimum calculation value of salary will be R3 500 per month, regardless of actual earnings. Maximum calculation value of salary will be R17 712 per month for purpose of calculation of benefits. Low Earner: Normal salary is R4 000 per month. Usual UI benefits would be calculated at 60%, which equates to R2 400 per month. Under C19 TERS the minimum benefit that will be calculated is R3 500 per month. Median Earner: UI benefit For those earning above R5850 and below R17 712, it’s difficult to know the exact benefit amount as the UI calculator is not publicly available. amount is High Earner: TAX-FREE Normal salary is R25 000 per month. UI benefits will only be calculated on a maximum salary of R17 712 per month, and at 38% Under C19 TERS this means the maximum benefit that will be calculated is R6 730 per month. If you require assistance in managing/administering the Covid-19 Temporary Relief Scheme application process via UIF, GBS has a dedicated team ready to help you navigate this process, including a detailed Application Toolkit available. For more information please contact: natalies@globalbusiness.co.za
C19 TERS Update Frequently Asked Questions Q: How will Employers know how much individual employees are eligible to receive? DEL/UIF will assess the application spreadsheet and enter information into their system. Hence why its essential that the spreadsheet is completed (and saved) exactly. They will then complete the calculation and return a schedule to Employer detailing the benefit amount applicable per employee, before making the tranche payment. Q: Why does the UIF require individual bank account info if they will pay Employer directly? Firstly, it appears that DEL/UIF has shifted to a single spreadsheet, regardless of size of employer or whether payments will be made to Employee, Employer or via Bargaining Council. According to UIF contact, the individual banking details will be used as a means of auditing payment to employees, if not for paying employees directly in case of small employer/Bargaining Council. Q: What type of “proof of payroll” is required to be submitted as supporting documentation? DEL/UIF requires a detailed payroll (for past 3 months) that enables the UIF to check that employees for whom you are claiming, were on your payroll previously. Essentially, they require a “per employee” payroll schedule. If you require assistance in managing/administering the Covid-19 Temporary Relief Scheme application process via UIF, GBS has a dedicated team ready to help you navigate this process, including a detailed Application Toolkit available. For more information please contact: natalies@globalbusiness.co.za
C19 TERS Update Frequently Asked Questions Q: Can I apply for a longer period than lockdown if I can show it was due to Covid-19? It seems clear that any applications made for periods outside the current national lockdown, i.e. 27 March 2020 – 16 April 2020, are being returned by DEL/UIF. ONLY apply for the national lockdown period to avoid delays. Q: Which version of the spreadsheet applies? A new version of the spreadsheet is under construction by DEL/UIF. This is an attempt to “fix” columns and formatting as they’ve had major challenges already with submissions made by Employers thus far. We understand that this will be available shortly and we will share ASAP. Q: Will I need to re-submit with new spreadsheet version? This is unclear although anticipated that this will be the case. UIF contact has indicated that they are assessing all applications and reverting to Employers where challenges with data verification, format or other issues is present. Q: What happens if Employer applies directly before Bargaining Council agreement concluded? According to UIF contact, Employer continues with their direct application. If a secondary application is required, Employer will have the choice whether to continue with direct application or to go via the Bargaining Council. If you require assistance in managing/administering the Covid-19 Temporary Relief Scheme application process via UIF, GBS has a dedicated team ready to help you navigate this process, including a detailed Application Toolkit available. For more information please contact: natalies@globalbusiness.co.za
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