Domestic Workers Now Entitled to Compensation for Occupational Disease, Injury, or Disability
Key Highlights :
Domestic workers, including chauffeurs and gardeners, are now entitled to compensation for occupational disease, injury, or disability, following a recent amendment to the law. The Department of Labour has urged domestic workers to apply for compensation if they have been injured, disabled, or contracted an occupational disease while at work.
The amendment to the Compensation for Occupational Injuries and Diseases Act, no. 130, includes domestic employees, in line with an earlier Constitutional Court ruling. Domestic workers can also claim benefits retrospectively for occupational diseases, disabilities, or injuries dating from 27 April 1994 onwards. Families of deceased domestic workers, who have died from occupational injury or disease since 27 April 1994, are also entitled to compensation.
Compensation Fund Legal Services' Irish Lephoto said: “The changes in the amendment act will affect everyone and change how we do business. All workers have a right to social security, which is our priority. The inclusion of domestic employees in the act is very crucial to all of us; hence, we are taking steps to enforce compliance.”
According to the act, employers must register their private domestic workers with the Compensation Fund and submit a declaration of the annual earnings of the domestic worker via a Return of Earnings (ROE). ROEs are calculated based on how much the domestic worker or employee earns per year and includes any compensation for the worker's overtime, bonuses, and the cash value of any benefits given to the domestic worker, such as free accommodation or reduced rates. Any employer who fails to register their domestic worker, submit the ROEs, and pay the fee, will be liable for a penalty and fine amounting to 10% of the annual earnings of the domestic worker.
Cape Labour consultant Bernard Reisner said the amendment came into law in April this year and applies to domestic workers, including chauffeurs and gardeners. Reisner said employers need to pay an annual fee to the Compensation Fund - which is calculated on the average earnings of the domestic worker - and must register their domestic worker for the fund within seven days of their employment.
South African Domestic Service and Allied Workers Union assistant general secretary Eunice Dhladhla said the union welcomed the amendment. “We started advocating for the compensation and protection of domestic workers long ago. Before, workers would work while they were sick, and no one would care about it. They would have to pay for themselves if they went to hospital,” Dhladhla said.
However, according to Dhladhla, urgent intervention is needed from government to protect the rights of domestic workers. “Most of the law does not recognise domestic workers. There is still a lot we need to advocate for, including UIF for domestic workers [Unemployed Insurance Fund],” she said.
The Department of Labour has urged employers to register their domestic workers and pay the fee, as failure to do so will result in penalties and fines. The amendment is a positive step towards protecting the rights of domestic workers and ensuring they receive the compensation they are entitled to for occupational diseases, injuries, and disabilities.
