Can I Claim UIF If I Resign?

The UIF is a social security system in South Africa designed to provide temporary financial relief to eligible workers who lose their jobs.

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Many people wonder if they can claim UIF benefits after resigning from their positions.

Can I Claim UIF If I Resign?

In general, no, you cannot claim UIF benefits if you resign voluntarily from your job.

The UIF is designed to support workers who are involuntarily unemployed due to factors beyond their control. These factors include:

  1. Dismissal (retrenchment or being fired)
  2. Contract termination
  3. Illness or injury rendering you unable to work
  4. The employer going bankrupt

If you resign, you are considered to have left your job by choice, and therefore you are not eligible for UIF benefits.

There is, however, a potential exception to this rule. If you can demonstrate that your resignation amounted to a constructive dismissal, you may be entitled to claim UIF.

A constructive dismissal occurs when the working conditions become so unreasonable that you have no other option but to resign.

Here are some examples of situations that could be considered constructive dismissal:

  1. Unbearable harassment or bullying by a colleague or supervisor
  2. Unpaid wages for an extended period
  3. A significant change in your job duties without your consent, making the job untenable
  4. Unsafe working conditions that the employer fails to address

The Department of Labour or the Commission for Conciliation, Mediation and Arbitration (CCMA) will ultimately determine whether your resignation qualifies as a constructive dismissal. 

If they rule in your favor, you may then be eligible to claim UIF benefits.

How to Claim UIF

If you believe you meet the eligibility criteria for claiming UIF, you can submit an application through the Department of Labour website or by visiting a Department of Labour office.

Here’s a general outline of the process:

  1. You will need your ID document, UI19 form (completed by your employer), proof of banking details, and any documentation supporting your claim (e.g., medical certificate for illness benefits, retrenchment documentation).
  2. You must register with the Department of Labour as a work seeker to be eligible for UIF benefits. You can register online or at a public employment office.
  3. Complete the UIF claim form (UI2.8) and submit it along with the required documents. You can submit the application online or in person at a Department of Labour office.
  4. The Department of Labour will process your application and determine your eligibility for benefits. This process can take several weeks.
  5. If your claim is approved, you will receive your UIF benefits electronically into your nominated bank account.

It is right to apply for UIF benefits within six months  of your unemployment starting. Claims submitted after this timeframe may be rejected.