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Workmen’s Compensation for Domestic Workers

The Compensation for Occupational Injuries and Diseases Act, No 130 of 1993 (COIDA) provides for compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees in the course of their employment, or for death resulting from such injuries or diseases.
There has now been a significant ruling made by the Constitutional Court, which ordered that the domestic workers should be entitled to the benefits provided by the COIDA. The amendments to the have been gazetted in the Government Gazette by the Compensation Fund Commissioner.
The employers are now required by law to register their domestic employees for workmen’s compensation.
The benefits for employees
Compensation payable to domestic workers for occupational injuries and disease comprises the same benefits that are payable to all other employees who have sustained injuries or contracted diseases on duty. Benefits payable to qualifying employees include:
  • Temporary total disablement
  • Permanent disablement lump sum
  • Permanent disablement pension
Compensation payable to the dependants of qualifying employees who died include:
  • Funeral expenses and benefits
  • Widow/widower’s pension award
  • Child pension award
  • Partial/wholly dependency award

Other rehabilitation and medical benefits are also available to qualifying emplees.

Registration as an employer 

All employers of domestic workers are encouraged to register with the Compensation Fund without delay. Form CF-1E has been attached for completion by employers. Applications must be sent to registrationCF@labour.gov.za or CFCallcentre@labour.gov.za.  

Employers need to submit the following documentation as part of the registration process:
  • A completed online application for domestic workers
  • A copy of the Identification Document/Passport/Work Permit for the employee(s)
  • A copy of the employee’s contract
  • Proof of employer’s residential address
  • A copy of the Identification Document/Passport/Work Permit for the employer

In terms of the new classification model introduced on 1 March 2021, domestic employers fall under their own class, Class M with subclass 2500 at an assessment rate of 1.04% for the 2021 year on wards.  

Registration on the Online portal for the purpose of submitting ROE

Employers will be able to register as online users on the Department of Labour’s online portal at www.labour.gov.za and navigate to Online Services, select ROE Online or cfonline.labour.gov.za. There will be no need to re-register should employers have an existing profile with the Department of Labour’s online platform. 

Submission of the annual Return of Earnings (ROE) 

Employers are required to submit a ROE on an annual basis on the ROE Online platform during the annual filing period of 1 April and 31 May.
Earnings are declared and is based on the salaries including any benefits paid for the next 12-month period. The Compensation Fund period refers to the period 1 March to 28 February of the following year, in other word a projection based on the prior 12 months for the next year is declared on the ROE.
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