Domestic Worker’s employees are now covered under the Compensation for Occupational Injuries and Diseases Act (COIDA). This means that Domestic Worker’s employees will now be entitled for compensation in the event they are injured or contract diseases while on duty.

 

As per the Act, the employee is a person who has entered into or works under contract of service or of apprenticeship or learnership, with an employer, whether the contract is express or implied, oral or in writing, and whether the remuneration is calculated by time of by work done, or is in cash or in kind.

 

Compensation payable to domestic workers for occupational injuries and diseases comprises the same benefits that are payable to all other injured employees.

 

A right to claim in terms of the Act shall lapse if the accident that happened or the disease that commenced on or after 27 April 1994 is not brought to the attention of the Commissioner or the employer or mutual association concerned, as the case may be, within 12 months from 19 November 2020.

 

This ruling means that all employers of domestic employees are obliged to register as the employers with the Compensation Fund and submit the necessary returns as obliged by the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA).

 

There are certain documents that must be submitted for employer registration purposes that are included in the Government Gazette.

 

A copy of the Government Gazette, Vol 669, dated 10 March 2021, No. 44250, setting out the contents of the entire COIDA Act can be obtained by emailing bernard@capelabour.co.za.

 

 

Bernard Reisner

Cape Labour & Industrial Consultant

Gardens