Domestic workers who lose their jobs after an employee’s death would be entitled to claim from the Unemployment Insurance Fund (UIF), in terms of draft legislation due to be passed by the end of the year.
This would not apply to any other job category, Labour Minister Membathisi Mdladlana told reporters in Pretoria.
The UIF Amendment Bill included this provision because domestic workers were considered to be a particularly vulnerable group, he said.
UIF commissioner Shadrack Mkhonto said the current legislation did not take into account that people like domestic workers could have multiple employers.
”A new provision recognises the concept of partial employment.”
If a worker lost one or more of her jobs, she would be able to claim from the UIF if the income she received from her remaining employment was less than the benefit she would have received if she was fully unemployed.
Mdladlana described the UIF registration of over 500 000 domestic workers as a difficult process, but a resounding success.
Mkhonto conceded there had been some capacity problems with the registration process, but said a number of steps had been taken to deal with those.
The number of staff at the call centre had been tripled, a fax facility was installed to prevent the overload on the department’s fax machines, and the internet facility was upgraded.
The department was also revamping its claims process. At present, a claim was processed within an average of 38 days, he said.
”In terms of the new legislation, a claim should be finalised on the spot.”
Another measure aimed at speeding up the claims process was a proposed provision whereby appeals against UIF decisions would revert to regional appeals committees, rather than the Commission for Conciliation, Mediation and Arbitration (CCMA).
Mkhonto said the CCMA was not an efficient body for this purpose as it took time to obtain a hearing. UIF claimants usually needed their money urgently. The CCMA route was also more costly, since appellants needed to be accompanied by a representative.
Regional appeals committees had been used before, and proved more efficient than the CCMA, because they understood the situation on the ground better, he said.
Parliament had asked Mdladlana to investigate whether public servants should remain outside the scope of the UIF.
”The conclusion was that it was not unconstitutional to exclude them,” Mkhonto said.
Mdladlana said public sector unions were in favour of being excluded.
”We can’t dictate to any workers.”
With private sector workers, however, only the level of their salary determined whether or not they fell within the ambit of the UIF Act.
”It would be very complicated to include public servants,” said the minister.
With the work-load brought about by the inclusion of domestic workers, the department did not want to bite off more than it could chew, he said.
In terms of the proposed legal amendments, seasonal workers would enjoy the same UIF coverage as any other employees.
Workers on learnerships, with the exclusion of new job market entrants, would get coverage once again.
Recipients of social grants, like pensioners who took up employment again, would no longer have to contribute to the UIF, from which they did not benefit.
The draft Bill also made it clear that the UIF would top up the income of people who went on maternity, ill-health or adoption leave and were partially remunerated by their employers, Mkhonto said.
The Bill was expected to be tabled in Parliament next month. – Sapa