Big Change to Domestic Worker Laws in SA

New laws for domestic workers in South Africa – important deadline for all employers hitting this month

The Department of Employment and Labour has extended the deadline for employers to submit the necessary documentation to ensure their employers are covered for workplace injuries.

A big change for South Africa is that domestic workers are now considered formal employees under the Compensation for Occupational Injuries and Diseases Act (COIDA) – meaning that anyone employing a domestic worker must comply with the relevant laws.

The changes were signed into law in April 2023, giving a massive boost to domestic worker rights and protections in the country.

Before the bill, domestic workers were not entitled to benefits such as compensation for work-related injuries or illnesses.

Through the new Act, the Compensation Fund will start accepting claims from domestic workers and their dependents for injuries or deaths resulting from work-related accidents.

The Act also identifies the “main employer” of a domestic worker and holds them accountable for any workplace injuries sustained by the employee. Additionally, employers and the domestic worker will be required to contribute to the Unemployment Insurance Fund.

Any employee who works more than 27 hours per month must be registered with the Unemployment Insurance Fund (UIF), including domestic workers.

Employers who have domestic workers working these hours must register as a contributor with UIF and register their domestic workers as their employees.

A total of 2% of the employee’s salary must be paid to UIF each month – 1% has to be paid by the employer, and the other 1% may be deducted from the employee’s wages.

In addition to this, to cover workers against occupational diseases, injuries and death, employers must register with the Compensation Fund and submit annual returns.

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