IMPORTANT NEW LAWS FOR ANYONE EMPLOYING A DOMESTIC WORKER IN SOUTH AFRICA
President Cyril Ramaphosa has commenced new amendments to the Compensation for Occupational Injuries and Diseases Act (COIDA), impacting employers in South Africa, including households that employ domestic workers.
The COIDA Amendment Act was first signed into law in April 2023, but certain sections were not implemented.
On Friday, 23 January 2026, Ramaphosa gazetted the commencement of several new sections, including a shift in focus from penalising violations under criminal prosecution to administrative fines.
Broadly, the amendments make adjustments to employer compliance requirements, establish administrative penalties, increase enforcement authority, and lengthen injury-claims periods.
This means that violating safety and insurance regulations as an employer will become more costly and subject to stricter penalties, while making it easier for injured workers to return to work.
Notably, the changes also apply to households employing domestic workers in South Africa, who were brought under the COIDA umbrella when the amendment Act was signed into law in 2023.
Employers need to take the new laws seriously and comply with them to ensure workplace safety.
“Immediate action is required to update record-keeping systems, strengthen accident reporting protocols, prepare for inspector engagement, and audit temporary disablement payment processes,”
“Implement rehabilitation frameworks, enhance contractor onboarding procedures, and review transport policies to ensure compliance with the staggered commencement dates.”
The new laws under the COIDA Amendment Act do not take effect all at once, and will commence in sections in February and April 2026.
What it means for employers
The updated legislation covers six specific areas.
1. Fines Instead of Court Cases
Previously, violating these rules was a criminal offence. Now, instead of waiting for a court hearing, the government will impose a substantial fine immediately.
Failing to report an accident within seven days could result in the employer covering the entire cost of the employee’s compensation.
Additionally, failing to pay an injured worker’s salary (temporary disablement compensation) for the first three months of recovery will result in a penalty equal to the full compensation plus interest.
2. Extended Time for Claims
Workers now have three years to file injury claims, up from just 12 months. Employers must retain accident records for longer, as old injuries can cause problems down the line.
3. Employer Responsibility for Transport Accidents
If an employer arranges transport for staff, such as a shuttle bus, the employer is liable from pickup to drop-off. Even if the driver is at fault for an incident, the employer is still held responsible.
Employers are also required to retain records for five years and report accidents within seven days.
4. Liability for Sub-Contractors
Hiring subcontractors means the subcontractor’s workers are legally considered the employer’s employees unless the subcontractor has paid their insurance premiums.
Employers will then be responsible for paying these fees if the subcontractor fails to do so.
5. Expanded Powers for Inspectors
New inspectors can now:
- Enter an employee’s workplace without notice, which, for domestic workers, means an employer’s home or property.
- Request to see any documents, which is why it is important to retain all employee documents.
- Question the employer under oath.
- Issue orders enforceable by the Labour Court.
6. Emphasis on Rehabilitation
The law now emphasises rehabilitation over just compensation. This means that employers must provide support for medical recovery and job reintegration.
According to Chapter VIIA of the COIDA Amendment Act, it requires the Compensation Fund (or individually liable employer/licensee) to provide clinical, vocational, and social rehabilitation.
This could be done by providing medical support for injured employees, such as covering medical costs, offering work concessions, and assisting with reintroducing the employee to the job.
If the employer makes substantial efforts to facilitate employee rehabilitation programs, the employer may be eligible for assessment rebates, which could result in discounted fees.