Domestic workers can now claim for injuries on duty

Domestic workers are being progressively protected in terms of labour laws in South Africa.

The national minimum wage is applicable to domestics and since March 2023 they have been brought up to par with the rest of the country’s workforce in respect to their minimum rate of pay – R28.79 per hour. This is in addition to the requirement that employers must register their domestic workers with the Unemployment Insurance Fund (UIF).

They are now afforded the protection in terms of the Compensation for Occupational Injuries and Diseases Act (COIDA). Domestic workers are now able to claim compensation from the Department of Labour if they contract an illness at work or suffer an injury on duty. This includes disability cover, medical benefits and covers their dependants in the event of death.

This means that anyone employing a domestic worker must comply with the relevant labour laws, irrespective of whether the employee has an employment contract in place or not.

In terms of UIF, a total of 2% of the employee’s salary must be paid each month to the Department of Labour – 1% has to be paid by the employer, and the other 1% may be deducted from the employee’s wages.

To cover workers against occupational diseases, injuries and death, employers must register with the Compensation Fund and submit annual returns. This means the Employer makes an annual contribution to the fund and the employee can claim from the fund if they become ill, are injured, disabled or killed while performing their work duties.

The contribution made by the employer is based on the employee’s total earnings for the year and an assessment tariff is based on the risks associated with the type of work being done. Employers are required to submit a statement of earnings paid to all their workers.

Employers usually have until May of each to submit their workers statement of earnings to avoid penalties for late submission of the assessment period.

Any submissions made after the deadline can attract interest and a 10% penalty. A Letter of Good Standing will be issued on receipt of the full payment and can be verified online using the unique Certificate Number. The submissions can be made online at the Department of Labour’s website.

All employers of domestic workers are “encouraged to register with the Compensation Fund without delay” by submitting the following documents to RegistrationCF@labour.gov.za or CFCallcentre@labour.gov.za:

• A completed CF-1E Form (Application for the registration of the domestic worker employer)
• Copies of the ID documents, passports, or similar for of identification for both employer and employee
• Proof of the employer’s residential address
• A copy of the employment contract

Employers are also required to submit a Return of Earnings (ROE) form on an annual basis.

For assistance with the above or any issues relating to any of your employees, whether they work at your business or home, contact Labour Specialists Employer Solutions via our website, email or landline and we will gladly assist you.