A domestic worker, in terms of the Basic Conditions of Employment Act, is defined as any employee who performs domestic work in their employer’s home. This includes gardeners, a person employed as a driver and or a person who takes care of children, the aged, frail or the disabled.
In a landmark decision, the Constitutional Court in Mahlangu and Another v Minister of Labour and Others 2020, ZACC 24, declared the exclusion of domestic workers under COIDA as unconstitutional.
This finding has paved the way for domestic workers to enjoy a benefit that they previously had been deprived of under COIDA. The time frame for employers to register new employees within seven (7) days does not apply to the recent COIDA change, and no deadline has been prescribed.
Notwithstanding the above, employers are encouraged to register their domestics without delay. Failure to do so could result in employers being found guilty of an offence which may lead to the imposition of a fine. An employer may also face civil action should an employee be injured whilst on duty and they are not registered under COIDA. This can be costly and time-consuming and should be avoided by ensuring compliance.
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