The SALRC recognises the gap that exists in the State’s social protection system where self-employed workers in the informal economy are excluded from receiving maternity and parental benefits. This situation further aggravates the socioeconomic problems of inequality and poverty, particularly in relation to women.
The report recommends that existing relevant legislation be amended and enhanced to include self-employed workers and extend maternity and parental benefits to them. In this regard, the recommendation is to include a definitional amendment that would include workers who have created their own employment opportunities and are not accountable to an employer, or workers who work for an entity that is not incorporated and not registered for taxation, or a person who assists in carrying on or conducting the business of an employer in the informal economy.
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Relevance to Your Clients:
An employer (individual, company or close corporation) has a duty to comply with the relevant Labour and Employment laws and regulations.
Your clients should be aware of publications that affect them (in their capacity as employers) that may have an effect on their operations.