Today's Labour News

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newsCape Argus reports that employers are scrambling to comply with the law following a ground-breaking judgment by the Constitutional Court that domestic workers are eligible for compensation under the Compensation for Occupational Injuries and Diseases Act (Coida).  

The court ruled last year that parts of Coida were unconstitutional in that they excluded domestic workers employed in private households from the definition of employee and that the situation had to be rectified retrospectively.  The National Employers Labour Association (Nela) said:  “Along with the UIF, employers will need to pay towards the Coida to ensure their domestic employees are covered, as commercial businesses currently do.”  Nela’s Albert van der Merwe commented further:  “The bottom line is that we, as employers, can’t wait for the amendment to be promulgated, because the amendment is retrospective.  South Africa faces a big challenge when it comes to employers of domestic staff being legally compliant and the Coida is going to be another aspect of non-compliance if not managed properly.  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.”  While commercial businesses currently pay Coida fees annually for their employees, Nela has proposed that assessments for domestic workers be done annually but payments be made monthly.

  • Read the full original of the report in the above regard by Mwangi Githahu at Cape Argus


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