If you have Domestic Employees working in and around your house, and you are also a parent as well as a pet owner, things can get a bit tricky when trying to maintain a calm household without incident.
We live in a world where the idea of a “perfect environment” sometimes feels more like a ‘perfect storm’, it’s considered wise to be prepared for anything, even if those preparations must include a solution for when your Great Dane has an off day and decides to take it out on the gardener, who was simply minding his own business outside, or when your child decides to sneeze directly into the nanny’s face and she ends up with a serious case of the chicken pox. These unforeseen incidents can result in expensive medical bills for which you will be liable as the employer.
Yes, things can get complicated for household employers who attempt to maintain harmonious relationships between their employees, the children and their pets.
So If you’re reading this and thinking, “I definitely have all of these problems”, listen up, because I am about to give you the solution! The Department of Employment and Labour (DEL) have set out to address these household incidents by declaring that all domestic employees must be registered at the Workman’s Compensation Fund (The Fund).
What does this mean?
When it comes to domestic employees suffering from work related injuries or diseases, getting yourself registered as a domestic employer at the DEL, will protect you from personal liability for any claims that arise. In the past, domestic employers and employees were not included when it came to the cover afforded by The Fund’s benefits. However, that all changed when the Amendment Bill took effect in 2021, which threw domestic employees into the mix as well.
I’m sure by now the thought of why you need to register yourself as a domestic employer, has crossed your mind once or several times. Fortunately, the answer to this question is quite simple. According to the COID Act, all domestic employees have the right to enjoy the benefits that The Fund has to offer and thus, legally requires domestic employers to register them, even if your domestic employee only works once a week. Examples of work-related injuries and diseases with regards to domestic employees includes, dog bites, chemical burns due to the use of cleaning detergents, arthritis, injuries caused by household equipment (iron, vacuum cleaners, or gardening equipment) etc.
Who is a classified as a domestic employee?
A domestic employee is anyone who works in and around the home of their employer. This would include cleaning ladies, gardeners, and drivers, as well as people who take care of the children (Nanny or Au pair), elderly, sick and disabled. It is worth mentioning that farm workers are not considered to be domestic employees, they will have to be registered under their commercial employer.
What’s in it for me?
This question pops up a lot and I can understand that there are some reservations, but the core problem is lack of knowledge in this specific field. Employers are usually pleased to find out that COIDA protects them against their employees (including the dependents of those employees). In other words, The Act provides compulsory insurance to all employers, which now includes domestic employers as well.
When you as a household employer are registered with The Fund, you will not be held personally liable for payments relating to an injury on duty, or occupational disease with regards to medical bills, medicine, rehabilitation treatments etc. In the instance where you as the employer are obligated to pay, this will be refunded by The Fund.
Well, they will have to catch me first!
A lot of people might be upset after being made aware of the abovementioned requirements and some might say that they don’t want it, or they don’t need it. Unfortunately, or fortunately, depending how you look at it, this is a legal requirement which means all household employers are required to register with The Fund by law.
It is further worth noting that the DEL has commenced a process whereby households are being inspected to request a Letter of Good Standing confirming that they are complying with this legal requirement. If you fail to provide the requested documents, they will issue you with a binding order, forcing you to register and make the necessary payments.
Now, I know you might be thinking, “Well, they have to catch me first!”, thus I am going to shift gears and talk directly to this idea. When they catch you, you will be ordered to pay up all the outstanding fees relating to the applicable years during which you failed to register your employees and make the necessary payments.
Moving on to the more frightening part of this conversation, the payment of medical bills. If you are not registered as a domestic employer with The Fund, the medical practitioner will demand payment from you for treating the injured or diseased employee. Whereas should you be registered with The Fund, payments made by you in respect of injured or diseased employees, will be refunded by The Fund upon application by you.
Don’t wait until things spiral out of control and your domestic employee gets attacked by either the laundry machine, or the cat who has too much attitude. Registering with The Fund will give you the peace of mind that should something happen, you will be covered in terms of any financial liability.
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Author: Nicaela Monteiro
UIF & COID Legal Advisor
B.Com Law, LLB.