Vuyo Mafata, the Compensation Fund Commissioner, has published the long awaited notice on registration of Domestic Workers for Workplace Compensation.
The ruling resulted from the 2012 case where the daughter of a domestic worker who was found dead in her employer’s pool, approached the Department of Labour for compensation for her mother’s death. South Africa’s Constitutional Court ruled it unconstitutional to exclude domestic workers in private households, from the definition of “employee”.
Deadline Extension: 31 May 2021
The Department of Employment and Labour has published a notice to all employers, informing them that the date for the submission of the 2020 Return of Earnings has been extended to 31 May 2021.
The portal for submitting the returns will be opened as of 01 April 2021 – 31 May 2021.
Employers are required to submit a Return of Earnings form (W.As.8) Annually. Submissions after this date will be considered late and attract a 10% penalty with added interest to the account.
Confirmation of the new National Minimum Wage was announced on Tuesday 9th of February after the amendment in terms of Section 6 (5) of the National Minimum Wage Act, No 9 of 2018 was published the day prior. The National Minimum Wage was first introduced in November 2018 and was highly lauded as a positive step towards the protection of some of the lowest-paid earners of the labour force. Talks regarding the setting of a general minimum wage began in 1999 and was aimed at reducing the financial inequality gap, reducing the enormous wage disparities experienced in South Africa at the time. In addition, systems were initiated which allowed for the reporting of those who were not complying to the rate of pay as set by the Minimum Wage Act and sanctions put in place for those who may be found guilty of non-compliance.
South Africa’s Constitutional Court has ruled that parts of the Compensation for Occupational Injuries and Diseases Act (Coida) are unconstitutional in that it excludes domestic workers employed in private households from the definition of ’employee’.
In a judgement handed down on Thursday (19 November), the court said that this effectively denies these domestic workers compensation in the event that they contract diseases or suffer disablement, injuries, or death in the course of their employment.
The ruling follows after the 2012 case of a domestic worker who was found dead in her employer’s pool.