Following an order by the Constitutional Court in November 2020, regulations have been gazetted to include domestic workers for Compensation for Occupational Injuries and Diseases Act (COIDA) benefits.

Whether the domestic employees have an express, implied, oral or written contract, and whether the remuneration is calculated by time or by work done, or is in cash or kind, they are still covered by the three main compensation measures as determined by COIDA.

The benefits payable has been categorized as follows - compensation paid to qualifying employees for disablement; compensation payable to the dependents of employees who died as a result of injury on duty or occupational disease; orthotics and rehabilitation; and medical benefits. Each category has its own sub-categories which specifies the exact compensation a domestic worker or his/her dependents or spouse/s can claim from the compensation fund.

It is important to note that the prescription period for claims commencing on or after 27 April 1994 not brought to the attention of the Commissioner, employer or mutual association concerned, will prescribe on the 19th November 2021.

Employers of domestic workers can submit 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 form of identification for both employer and employee;
•Proof of the employer’s residential address;
•A copy of the employment contract.

The implication for domestic employers is thus that they should register as a user on the Department of Employment and Labour’s online services platform at this link https://cfonline.labour.gov.za/OnlineSubmissions. Thereafter they have to submit a Return of Earnings on an annual basis.

Once registered as a user, claims can be submitted to the Compensation Fund manually or through the use of the online platform. However, online submissions is encouraged as the turnaround time for feedback to the employers is faster.  Manual submissions can be submitted at your nearest Department of Labour Centre.

For online submissions, the Compensation Fund’s CompEasy system can be accessed at https://compeasy.labour.gov.za:44328/fiori to register claims.