What to Do If Your Previous Employer Didn’t Pay Your UIF Contributions

The Quick Answer

If your employer didn't pay your UIF contributions, they have broken the law. You can still claim benefits, but you must report the employer to the Department of Labour. The UIF may pay you first and then recover the money, plus penalties, directly from your non-compliant employer.

How to Check If Your UIF Was Paid

Before you panic, confirm your suspicions. Here’s how to check:

  • Check Your Payslips: Every payslip should have a clear line item for a "UIF" deduction. If it's missing entirely, that's a major red flag. If it's there, it doesn't 100% guarantee it was paid to SARS, but it's a good sign.
  • Log into uFiling: Your uFiling account dashboard should show your contribution history. If there are gaps or it shows no history, this is strong evidence of non-payment.
  • Request a Statement: You can contact the UIF directly (via call centre or in person) with your ID number and request a statement of your contributions.
  • UI-19 Form Discrepancy: If your employer hesitates or refuses to give you a UI-19 form, this is another strong indicator of non-compliance.

Your Rights: The Law is on Your Side

It is critical to understand that the failure is your employer's, not yours. The Unemployment Insurance Act and the South African Revenue Service (SARS) make it mandatory for employers to:

  1. Register you as an employee with UIF.
  2. Deduct 1% of your salary (up to the cap) each month.
  3. Add their own 1% contribution.
  4. Pay the total 2% contribution to SARS by the 7th of each month.

Failure to do this is a legal offence for which they can be fined and held liable.

Step-by-Step Action Plan

If you confirm contributions weren't paid, take these steps immediately.

Step 1: Gather Your Evidence

Before you report anything, get your documents in order. This will make the process much smoother.

  • Payslips: Collect as many as you can, especially recent ones. These prove your employment and salary.
  • Employment Contract: Proof of your employment relationship.
  • Proof of Attempt to Get UI-19: If you emailed or messaged your employer asking for the form, keep a record of their refusal or non-response.
  • Bank Statements: Showing your salary deposits, which correlate with your payslips.

Step 2: Report the Employer to the Department of Labour

This is the most critical step. You must formally report the non-compliance.

  • Where to Report: Visit your nearest Department of Employment and Labour office. You can also call the UIF hotline at 012 337 1680 to start the process and get guidance.
  • What to Do: Explain the situation, provide all your evidence, and fill out any necessary forms to formally report your employer for non-payment of UIF contributions.
  • Outcome: The Department will investigate your employer. They can issue a compliance order, impose heavy penalties (a double penalty plus interest can be charged), and even pursue legal action.

Step 3: Submit Your UIF Claim Anyway

Do not let your employer's failure stop you from applying for benefits. You should still submit your claim through uFiling or a Labour office.

  • Submit all the standard required documents you have (ID, proof of bank, completed UI-2.7 form).
  • In your application or in a separate attached letter, state clearly that you suspect your employer has not paid UIF contributions. Mention that you have reported them (if you have).
  • The UIF has a responsibility to assist you. In many cases, they will pay out your claim to you and then use their legal powers to recover the full amount, plus penalties, from your former employer.

What to Expect: The Process and Timeline

Be prepared for this to take longer than a standard claim.

  • Investigation: The Department of Labour will need to investigate your employer, which can add weeks or months to the process.
  • Potential Payment: The UIF may pay you while they pursue your employer, but this is not guaranteed and depends on the specifics of your case.
  • Employer Liability: Your employer becomes liable for the entire benefit amount you should have received, not just the missing contributions. This is a powerful incentive for them to comply.

Actionable Advice: Protecting Yourself

  • Check Payslips Monthly: Always review your payslip for the UIF deduction. Question it immediately if it's missing.
  • Get Everything in Writing: If your employer gives excuses for not providing a UI-19 form, try to get those excuses in an email or text message for evidence.
  • Don't Be Intimidated: Your employer is in the wrong. You are legally protected from victimization for asserting your rights.
  • Seek Free Help: If the process becomes too difficult, you can contact the CCMA (Commission for Conciliation, Mediation and Arbitration) for assistance in disputing the issue with your employer.

Dealing with a non-compliant employer is incredibly stressful, and the claims process will be more complex. While the Department of Labour handles the legal side, you still need to know what potential benefit amount you are fighting for. Our free UIF calculator can provide that clarity. It will give you an accurate estimate of the benefits you are entitled to based on your salary, helping you understand the value of the claim you need to pursue.