Amendment to Coid Act will see domestic servants covered for injury, disease

DOMESTIC workers will soon be covered by the Compensation for Occupational Injuries and Diseases Act (Coida) amendment.

Addressing a public hearing on the Act at the Protea Hotel in Kimberley yesterday, Compensation Fund legal practitioner Irish Lephoto said the move would accord domestic workers a rightful place as employees, ending years of discrimination.

“The Act currently excludes extending benefits to domestic workers in case they are injured on duty or sustain diseases”, said Lephoto.

He said it was unconstitutional of the fund to exclude a category of employees from benefiting, adding that the Basic Conditions of Employment Act makes reference that domestic workers should be treated as employees, hence the extension of Coida benefits. He added that the amendments are in line with international labour standards.

He said domestic employers and employees will be required to register as such respectively in accordance with the provisions of the amended act. The most significant amendments proposed 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; and administrative amendments and the improvement of some benefits.

The last major amendment to the Compensation for Occupational Injuries and Diseases Act (No. 130 of 1993) was in 1997 to extend coverage to black people who were excluded from previous discriminatory legislation.

The latest amendment started in 2014. The amendments were informed by Labour Minister Mildred Oliphant’s provincial imbizos with domestic workers.

There were also consultations with National Treasury; the Economic Cluster; and the Office of the State Law Adviser and Department of Performance, Monitoring and Evaluation.

There will be public hearings at Stellenbosch Lodge on December 12 from 9am-11am.