Compensation for Occupational Injuries and Diseases Bill amendment to help extend coverage to domestic workers – Department of Labour Compensation Fund
Domestic workers injured on duty or sustain diseases stand to benefit from amendment of Compensation for Occupational Injuries and Diseases (COID) Bill.
Addressing a COID Bill public hearing at Protea Hotel in Kimberley today (November 20) Compensation Fund Legal Practitioner, Irish Lephoto said the move will accord domestic workers a rightful place as employees, ending years of discrimination.
Lephoto said it was unconstitutional of the Fund to exclude a category of employees from benefiting from the Fund. He further said the Basic Conditions of Employment Act does also make reference that domestic workers should be treated as employees, hence the extension of COID benefits.
“The COID Act currently excludes extending benefits to domestic workers in case they are injured on duty or sustain diseases”, said Lephoto.
According to Lephoto the COID amendments are in line with international labour standards. He said both the domestic employer and employees will be required to register as such respectively in accordance with the provisions of the amended Act.
The most significant amendments proposed to the Act are to enact the provisions regulating:
- Inclusion of domestic workers under the category of employees for purposes 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 Fund (CF), an entity of the Department of Labour on Monday (November 19) started hosting a national series of public hearings on the Compensation for Occupational Injuries and Diseases amendment Bill.
This follows in October, the publishing of amendments to the COID Bill of 2018 in the Government Gazette. The Department’s Compensation Fund is hosting the national public hearings to elicit comments before the Bill is signed into law.
Lephoto said the Compensation Fund was also taking a cue from its sister organisation the Unemployment Insurance Fund that has also extended benefits to the vulnerable domestic workers.
The last major Compensation for Occupational Injuries and Diseases Act (No. 130 of 1993) was undertaken in 1997 to extend coverage to Black people who were hitherto excluded from the previous discriminatory legislation.
The latest amendment has its genesis in 2014 when the Compensation Fund embarked on a process to amend the Compensation for Occupational Injuries and Diseases Act, 130 of 1993.
This was informed by among other pertinent legislative issue, Minister’s provincial izimbizo with domestic workers. There were also consultations with National Treasury; the Economic Cluster; Office of the State Law Advisor and Department of Performance, Monitoring and Evaluation.
The Compensation for Occupational Injuries and Diseases Act applies to all employers; and casual and full-time workers who, sustain workplace accident (are injured, disabled, or killed); or work-related diseases.
Two more COID Amendment Bill public hearings will be held this week starting tomorrow (November 21) in Bloemfontein at the President Hotel and on November 22 in Bethlehem at the Frontier Inn and Casino.
The remainder of the hearings will be held as follows:
- Klerksdorp – Protea Hotel on 26 November 2018
- Rustenburg – Orion Hotel on 27 November 2018
- Nelspruit – Bundus Lodge on 28 November 2018
- Witbank – Fortis Hotel Highveld on 29 November 2018
- Tzaneen – Hotel at Tzaneen on 29 November 2018
- Polokwane – Bolivia Lodge on 30 November 2018
- Johannesburg – Birchwood Hotel on 03 December 2018
- Pretoria – Manhattan Hotel on 04 December 2018
- Durban – Gateway Hotel on 05 December 2018
- Pietermaritzburg – Ascot Wedding and Conference Centre on 06 December 2018
- Port Elizabeth – The Beach Hotel on 10 December 2018
- East London – Premier Hotel Regent on 11 December 2018
- Cape Town – Stellenbosch Lodge on 12 December 2018
- George – Chilly and Chive Lodge on 13 December 2018
All the public hearings will be held from 9:00-11:00 am.
Enquiries:
Teboho Thejane
Cell: 082 697 0694
