Today's Labour News

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ConCourtBusinessLive reports that employers will have to pay Compensation Fund contributions for their domestic workers should the Constitutional Court (ConCourt) confirm a lower court order relating to domestic work.  

On Tuesday, the court will hear an application for confirmation of orders by the North Gauteng High Court in May and October 2019 following applicant Sylvia Mahlangu successful challenge of the exclusion of domestic workers from the 1993 Occupational Injuries and Diseases Act.  In May, the court declared a section of the act constitutionally invalid to the extent that it excluded domestic workers employed in private households from the definition of “employee”.  In October, the same court ruled that the declaration of invalidity must be applied retrospectively to provide relief to domestic workers who were injured or died at work before the granting of the order.  “If these two orders are confirmed by the Constitutional Court, it will have significant implications for employers of domestic workers,” the Socio-Economic Rights Institute of SA (SERI) said on Monday.  “Under terms prescribed by the department of employment & labour, employers would have to contribute a monthly amount to the Compensation Fund for their domestic employees from a specified date. In the event of injuries, diseases or death arising out of and in the course of employment, statutory benefits will be paid from the fund to employees or dependants of deceased employees.”

  • Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive

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