CONCOURT CONFIRMS COMPENSATION COVER FOR DOMESTIC WORKERS
In a judgement hailed as a victory for domestic workers, the Constitutional Court has confirmed a lower court’s order that a piece of legislation is constitutionally invalid on the grounds that it excludes them from the definition of an employee. This means employers will have to pay Compensation Fund contributions for their domestic workers, on top of the national minimum wage of R15.57 per hour, along with Unemployment Insurance Fund contributions that employers already pay for their domestic workers. The high court in Pretoria ruled in 2019 that a section of the Compensation for Occupational Injuries and Disease Act was constitutionally invalid and that domestic workers must be able to apply to the fund retrospectively, with effect from April 27, 1994.
This is effect implies, an employer must register with the Commissioner within seven days after the day on which he employs his first employee. An employer must register with the Commissioner by submitting Form W As 2 with the particulars required therein to the Commissioner.
Who is covered in the Domestic Worker Sectoral Determination:
- All domestic workers in South Africa working in a private household(including farms)
- People employed by employment services
- Independent contractors who are doing domestic work
- A person doing gardening in a private home
- A person driving for the household.
- People who look after children, sick or old people and people with disabilities in a private home
For more information on this matter or assistance with registration, contact Rob at 0837740972 or rob@ladrc.co.za