Cape Argus

Support for domestic workers included in bill

Amendment to compensati­on act proposes making them equals in the workplace

- MICHAEL@BAGRAIMS.CO.ZA MICHAEL BAGRAIM

DURING periods in our history such as Covid-19, occupation­al injuries and diseases become more important.

This fund for workers in South Africa is vital in many aspects. In particular, every employer should ensure they have carefully registered all their employees through the SA Revenue Service portal to ensure they have a certificat­e of compliance which would enable them to gain all the benefits from the occupation­al injuries and diseases legislatio­n.

This legislatio­n to a large degree gives the employer indemnity and proper protection against claims for any injuries and diseases suffered through the workplace.

On August 27, the Department of Employment and Labour published a document for the Compensati­on for Occupation­al Injuries and Diseases Amendment Bill 2020.

For almost 20 years I have been complainin­g about the fact that domestic workers were specifical­ly excluded from the legislatio­n. The previous legislatio­n was enacted under an apartheid government and specifical­ly excluded “a domestic employee employed as such in a private household”.

This amendment specifical­ly reverses that exclusion and will eventually include domestic workers as equals in the workplace. Unfortunat­ely, the Labour Ministry has been reluctant for almost two decades to include domestic workers under the legislatio­n.

It has been difficult to explain this to domestic workers who have regularly asked me why they could not claim for injuries incurred at work. Many employers also found this incredibly unreasonab­le and unfair and I have advised people to take out insurance for any injuries their domestic workers might have incurred in the private household.

I have also tried to get many employers to take out private medical aid for domestic workers so that if something occurs they would be able to claim from the private medical aid instead of having to pay out each time the domestic worker was injured. Often insurance and private medical aid are prohibitiv­e and many employers have said they would rather take their chances.

We are still not sure when these amendments will be passed into law and signed off by our president, so even now it might be useful to consider interim insurance for domestic workers.

There are many other changes to this legislatio­n and, in particular, I refer to the following: Occupation­al diseases now include post-traumatic stress disorder and remunerati­on includes allowances, subsidies and other allowances as determined by the minister. The fund will pay even if the accident is attributab­le to the serious and wilful misconduct of the employee unless the accident results in serious disablemen­t or the employee dies in consequenc­e thereof.

For the amendments, the conveyance of an employee by or on behalf of the employer to or from his or her place of employment for his or her employment using any mode of transport in furtheranc­e of the business of the employer shall be deemed to take place in the course of such employee’s employment.

In essence, an employee travelling to or from work and travelling for work would be covered. If, however, the employer carries on business entirely or chiefly outside the republic and that employee ordinarily is employed outside the republic and meets with an accident while temporaril­y employed in the republic, such employee shall not be entitled to compensati­on unless the employer has previously agreed with the commission­er such employee should be entitled to compensati­on.

In essence, if someone is employed to perform most functions outside the republic, that person might not be covered for an accident incurred in South Africa.

Once an accident has occurred and the employee has independen­tly obtained a medical report at his or her own cost, the Commission may reimburse such medical expenses in full if the Commission has accepted the report.

Furthermor­e, there is a right to receive benefits in terms of the legislatio­n for up to three years from the date of the accident. This used to be 12 months which proved to be too short a period. No person other than a legal practition­er as defined by the Legal Practice Act is entitled to any fees or remunerati­on in helping the employer with the employee obtain assistance.

Interestin­gly, monthly pension shall commence from the date on which a medical practition­er certifies that an employee has reached the maximum medical interventi­on. If the employee dies as a result of an occupation­al disease or injury caused by an accident, compensati­on shall be payable.

No employer may deduct from the earnings of an employee any amount or receive any amount from that employee to compensate the employer directly or indirectly. The employee has to show that the disease contracted has arisen out of and in the course of his or her employment.

This is a vital subsection in terms of which the commission­er may determine for Covid-19.

 ?? CHRIS COLLINGRID­GE ?? EMPLOYERS should register their employees through the Sars portal to ensure they have a certificat­e of compliance which would enable them to gain all the benefits from the occupation­al injuries and diseases legislatio­n. |
CHRIS COLLINGRID­GE EMPLOYERS should register their employees through the Sars portal to ensure they have a certificat­e of compliance which would enable them to gain all the benefits from the occupation­al injuries and diseases legislatio­n. |
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