Domestic workers can now claim from Compensation Fund
Employers of private domestic workers are obliged to register with the Compensation Fund, submit the Return of Earnings and make payments.
POLOKWANE – Qualifying domestic employees who suffered occupational injuries or occupational diseases can now claim from the Compensation Fund.
In 2020, the Constitutional Court order declared section 1(xix)(v) of the Compensation for Occupational Injuries and Diseases Act (Coida) 130 of 1993 invalid, with immediate and retrospective effect to April 27, 1994.
During a Compensation Fund roundtable stakeholder engagement session held in collaboration with the Premier’s Office at Bolivia Lodge, Jan Madiega, the deputy director of Labour explained that the Compensation Fund has undertaken corrective legislative measures to amend Coida legislation to include domestic employees.
The session sought to educate government departments at provincial level on legislation amendments to the compensation for Occupational Injuries and Diseases Act 10 of 2022, discuss the status quo of Provincial Government regarding compliance on Coid, as well as to dissect reasons for delays in processing claims and finding solutions.
Madiega said the right to claim in terms of the Act will lapse if the accident that happened or the disease that commenced on or after April, 27 1994 is not brought to the attention of the commissioner or of the employer or mutual association concerned within 36 months from the date of signature on the amendment Act 10 of 2022.
Employers of private domestic workers are obliged to register with the Compensation Fund, submit the Return of Earnings (ROE’s) and make payments. Those who had employees prior to November 19, 2020 will be required to indicate such, however the fund will regard their commencement date as November 19, 2020 unless claim liability is accepted for years prior.
As per amendments, failure to register employees, pay and submit the ROE’s within a reasonable time-frame will result to a 10% penalty of actual or estimated annual earnings. In addition, an employer who fails to pay penalty or installment is liable to a penalty of 10% of actual or estimated annual earnings.
Irish Lephoto, from Compensation Fund Legal Services said the amended act gives powers to the commissioner to appoint inspectors to enforce compliance to the act.
These inspectors will be provided with a signed certificate confirming that they are inspectors and the certificate shall state which legislation they are monitoring or enforcing.
“The inspectors may enter a home or other workplace with the consent of the owner or occupier. The Labour Court may authorise entry upon the application by the inspector and if practicable, the employer and trade must be notified of the inspection and the reason thereof. The changes in the amendment act will affect everyone and change the way we do business. All workers have a right to social security which is our priority. The inclusion of domestic employees in the act is crucial to all of us hence we are taking steps to enforce compliance,” he emphasised.
