Department of Labour’s position in terms of Uber drivers and CCMA ruling
The Department of Labour acknowledges and applauds the ruling by the Commission for Conciliation, Mediation and Arbitration that Uber drivers are the employees of the company. The decision is in line with the Labour Relations Act 66 of 1995 as amended. It means that any person who falls in that category is an employee and therefore fully covered in terms of labour legislation.
Following the death of one of the company’s employees, the department has clarified the position in terms of labour legislation.
With regard to the Uber drivers, like any employees, there are no exception. They are fully protected by the South African Labour Laws including the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA), Commissioner Vuyo Mafata said.
The COID Act compensates employees who are injured during the cause of duty or deceased thereof. It therefore means the beneficiaries of the Uber driver who passed on after he was allegedly attacked in Pretoria last month qualifies for compensation as per the Act.
The Fund will have to be provided with all the required documents in order to process the claim. Employees will not be penalised or forfeit their benefits because of unregistered employers, instead such employers will be fined.
Employers must register their companies with the Compensation Fund so that employees are covered under the COID Act.-ENDS
Source: Government of South Africa