Compensation benefits will continue to apply to the surviving dependents
The Compensation for Occupational Injuries and Disease Act (COIDA) amendments bill proposes that compensation benefits in the form of pension must continue to apply to the surviving dependents, stakeholders were told on 03 December 2018 at Birchwood Hotel, Ekurhuleni.
Currently section 49 (4) of the Act provides that pension expires when the employee dies.
“The definition of monthly pension has been moved from section 49 to the definitions section which proposes compensation benefits in the form of pension will apply to the surviving dependents,” Compensation Fund Legal Practitioner Irish Lephotho told the hearing.
Lephotho says the amendment also took a close look at section 64 which prohibits deduction from the earnings of an employee to compensate the employer directly or indirectly for any amount which the employer is liable to pay in terms of the Act but, there is no sanction applicable in the event the employer contravenes the Act.
“The amendments amongst others seek to enforce compliance by imposing a fine of at least 10% of the amount involved to the employer,” added Lephotho.
He says stakeholders should take these hearings as an opportunity to submit the written submissions in order for them to be recorded in the bill.
Public comments should be forwarded to Advocate William Mogashoa at william.mogashoa@labour.gov.za or Mr Harry Maphologela at harry.maphologela@labour.gov.za.
The proposal is among the wide ranging tranche of changes to the law being highlighted during the public hearings.
The most significant amendments proposed in the COID Bill are:
- Inclusion of domestic workers under the category of employees for purpose of benefits in terms of the Act
- Rehabilitation and Reintegration framework of injured and or diseased employees into the workplace
- Administrative amendments
- Improvement of some benefits
The Compensation for Occupational Injuries and Diseases Act applies to all employers; casual and full time workers who sustain workplace accident (are injured, disabled, or die) or work-related diseases.
The COID Amendments Bill public hearings started on 19 November and so far, five provinces which include, Northern Cape, Free Sate, North West, Mpumalanga and Limpopo have been covered.
The next hearing will sit tomorrow, 04 December 2018 in Pretoria, Manhattan Hotel and will be followed by KwaZulu-Natal province, Durban Gateway Hotel (05 December) and Pietermaritzburg, Ascot Wedding and Conference Venue (06 December).
The public hearings are held from 09:00 – 11:00 am.
For more information contact:
Franco Mabuya
Cell: 060 989 8675
