Should maternity and parental benefits be extended to self-employed workers in the informal economy?

Should maternity and parental benefits be extended to self-employed workers in the informal economy? logo

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.    

Click here to download the Report:

https://www.justice.gov.za/salrc/reports/Report-Project143-MaternityParentalBenefits-SelfEmployedWorkers-FinalReport-2022.pdf

Relevance to Auditors, Independent Reviewers & Accountants:

  • The relevant Labour and Employment laws and regulations are important pieces of legislation that your clients must comply with, and which you must assess compliance with.  If they don’t comply with the relevant laws and regulations, you have certain reporting obligations in terms of NOCLAR (Non-Compliance with Laws And Regulations) – this could include reporting to management, qualifying your audit opinion, reporting a Reportable Irregularity, etc.

  • As an employer, you also need to comply with the Basic Conditions of Employment Act in your workplace.

  • You should be aware of publications that affect your clients (in their capacity as employers) that may have an effect on their operations.

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.

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