Month: September 2020

Categories
Payroll Fraud and Risk Management

PAYROLL PROCESSES AND PROCEDURES

What are your current payroll processes and procedures?

You should ask yourself the following questions:

  1. Who is responsible to gather and compile the payroll input?
  2. Who captures and / or import the payroll input?
  3. Who is responsible to check the payroll input?
  4. Who is responsible to sign off the payroll input?
  5. Who exports the bank file from the payroll system?
  6. Who imports the bank file into the bank software?
  7. Do you reconcile the bank statement after payment to the payroll information?

The abovementioned tasks should be assigned between the payroll, finance and human resources department.

We assist companies to identify and mitigate payroll risk areas, as well as implement payroll processes and procedures.

Categories
Payroll Fraud and Risk Management

SEGREGATION OF DUTIES

Basic payroll duties include the following:

  1. Payroll input
  2. Payroll input checking
  3. Payroll sign-off
  4. Payroll payment file export
  5. Bank reconciliation

The abovementioned payroll duties should be segregated between the payroll, finance and human resources departments.

If these basic payroll duties reside only within the payroll department your payroll might be at risks for possible irregularities.

Categories
Payroll Fraud and Risk Management

PAYROLL SYSTEM USER ACCESS

Incorrect payroll user access to the payroll system is the gateway for a user to commit payroll fraud.

Do you know who has access to the payroll system?

Do you know which functionalities the user has access to in the payroll system?

Do you know which roles and functions in your organization should have access to the payroll system and the access they should have?

Yolande Schoültz is an expert in the field of Payroll Fraud and Risk Management. Contact her for your Payroll Risk Management needs.

Categories
Property Law

RENTAL DEPOSIT

The Rental Housing Amendment Act 43 of 2007 regulates the rental housing industry in South Africa.

DID YOU KNOW?

The deposit which the tenant pays to the Landlord remains the money of the tenant.

The deposit held by the Landlord is security in the event of damage to the property including outstanding costs due by the tenant to the Landlord.

The Landlord must invest the deposit received from the tenant in an interest bearing account. The deposit, including the interest earned during the lease period, must be refunded to the tenant at the end of the lease period.

DESPOSIT AT THE END OF THE LEASE PERIOD

No damage or outstanding costs owed to the Landlord at the end of the lease period:

  • The Landlord must refund the tenant within 7 (Seven) days from vacating the property.

Damage or outstanding costs owed to the Landlord at the end of the lease period:

  • The Landlord must refund the tenant within 14 (Fourteen) days from vacating the property.

Categories
Labour Law

EMPLOYMENT CONTRACT

WHAT ARE THE TWO ESSENTIALIA (ESSENTIAL ELEMENTS) OF AN EMPLOYMENT CONTRACT?

  1. SPECIFIED WORK

Both the employer as well as the employee should agree on the work to be performed by the employee.

This can include unspecified tasks to be performed by the employee, which is related to the employee’s main work.

However, the employee is not allowed to perform unlawful tasks, or tasks which is beyond the expertise of the employee.

  • REMUNERATION

Both the employer as well as the employee should agree on the remuneration due to the employee.

DID YOU KNOW?

The letter of employment can contain the terms of employment in full, or alternatively the employment contract can be attached to the letter of employment.

Categories
Law of Succession

LAST WILL AND TESTAMENT

When you die without leaving a Will, your Estate will be distributed in terms of the Intestate Succession Act. Your family will therefore have no say when it comes to the administration of your Estate.

By leaving a Will you will ensure that:

  • Minor children will have a nominated guardian.
  • An Executor of your choice is appointed.
  • Your assets will be distributed according to your wishes.
  • Beneficiaries are clearly described.

Your Last Will and Testament should:

  • Always be in writing.
  • Signed by the Testator / Testatrix.
  • Signed in the presence of two competent witnesses.
Categories
Family Law

CHILD MAINTENANCE

WHO IS RESPONSIBLE TO PAY TOWARDS CHILD MAINTENANCE?

The duty to pay towards chid maintenance rests on both parents of the child according to the means of each parent

CAN A PARENT WITHOLD CHILD MAINTENANCE IF HE/SHE DOES NOT HAVE CONTACT WITH THE CHILD?

No. Paying towards child maintenance and not having any contact with the child is two separate matters. A parent is not entitled to stop contributing towards child maintenance if for example he/she remarries, or if he/she is not allowed any contact with the child.

WHAT HAPPENS IF A PARENT DOES NOT PAY CHILD MAINTENANCE?

Failure and/or refusal to make payment in accordance with the Divorce Settlement Agreement and/or Maintenance Agreement, which is an order of court, you are guilty of a criminal offence and you can be liable to pay a fine as ordered by the court, or alternatively the court can order you to a period of imprisonment.

Categories
Family Law

ANTENUPTIAL AGREEMENT

What is the purpose of an Antenuptial Agreement?

To ensure the terms and conditions of the financial aspects of the parties to the marriage are agreed to between the parties before entering into the marriage.

What are the different marital regimes?

When getting married, the financial position of the parties can be determined by one of the following three marital regimes:

Married in Community of Property. (He’s is her’s and her’s is he’s)

Married out of Community of Property with the exclusion of the accrual system. (He’s stay he’s and her’s stay her’s)

Married out of Community of Property with the inclusion of the accrual system. (He’s stay he’s and her’s stay her’s, but at a divorce the party whose estate grew the most, has to pay the other party)

What are the consequences of not having an Antenuptial Agreement?

Should you enter into a marriage without having signed and executed an Antenuptial Contract before a Notary, you will by default be married to each other IN Community of Property.

Therefore both parties’ separate estates, which include both assets and liabilities, will become one estate after the marriage is concluded. This is not ideal in our times. A party is then not protected against the other party’ insolvency or creditors.

There is an old saying which describes this situation perfectly “what is yours is mine, and what is mine is yours”