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Domestic Workers Included Under COIDA

March 12, 2021

Department of Employment and Labour

Information on the inclusion of domestic employees under the Compensation for Occupational Injuries and Diseases Act has been published.

The employment and labour department published the notice on the registration of domestic worker employers in terms of Section 80 of the act as amended in Government Gazette 44250.

Detail is also provided on benefits for domestic workers, registration of domestic employers in terms of Section 80 of the act and the registration of claims by domestic employers in terms of section 39 of the act.

According to the department, following the Constitutional Court Order in November 2020 declaring section 1(xix)(v) of the act invalid with immediate and retrospective effect to 27 April 1994, domestic workers are now covered under the act.

“This means that Domestic employees will now be entitled for compensation in the event they are injured or contract diseases while on duty.”

The notice outlines the types of benefits paid in terms of the act.

A right to claim in terms of the act will 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 of the employer or mutual association concerned, as the case may be, within 12 months from 19 November 2020”.

The notice calls on all employers of domestic workers to register with the Compensation Fund without delay.