Employers urged to get on board with domestic staff workers’ compensation
The South African Constitutional Court has ruled that parts of the Compensation for Occupational Injuries and Diseases Act (COIDA) are unconstitutional.
The ruling came earlier in November, after it was determined by the court that the Act excludes domestic workers employed in private households.
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In a statement by National Employers’ Labour Association (NELA), the assistant general secretary, Albert van der Merwe, said, “If your domestic employee is injured on your property today, for example, they will be entitled to compensation”.
“The legislation states that cases dating back to 2004 will be eligible for compensation,” Van der Merwe said.
“Along with the Unemployment Insurance Fund (UIF), employers will need to pay towards COIDA to ensure their domestic employee(s) are covered, as commercial businesses currently do.”
He said it was still unclear how the payment process would work.
“Many employers do not understand that the definition of ‘domestic worker’ includes gardeners, nannies, caregivers and chauffeurs employed in private households.”
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Van der Merwe said to be compliant, employers must register their employees for UIF as well as requirements which are stipulated in Sectoral Determination 7 – Domestic Workers.
This includes: contract of employment; method of timekeeping; overtime and Sunday time remuneration; recording of all leave types and provision of payslips, to mention a few.
“Employers also need to understand they should participate in a collective forum to ensure they are adequately represented at the Department of Employment and Labour, SARS and in legislative matters.
“The key is support from an employers’ organisation like NELA,” said Van der Merwe.
“With sufficient representation, we will approach SARS, the department and other government departments on behalf of employer.
“There is no reason, for example, why employers of domestic staff should not be able to offset the cost of employment of domestic workers against their taxable income annually, since it is a substantial amount when the monthly salary, UIF contribution and now the COIDA is taken into account,” he said.
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Van der Merwe added that following the latest ruling, it is anticipated that employer organisations will play an increasingly significant role as a “vital information centre on how to handle these issues”.
“Why should an employer pay annually for a domestic staff member who may only work for six months of that year? We propose assessments are done annually, but payments made monthly.”
Van der Merwe said they would be running regular information and training sessions for employers in the new year covering legislative changes. For more information on the sessions, visit www.nela.org.za.
