Uber drivers protected by labour laws

© kampee patisena – 123RF.com

“The decision [of the Commission for Conciliation, Mediation and Arbitration] 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,” the Department of Labour said in a statement on Tuesday.

Following the death an Uber employee, the department has clarified the position in terms of labour legislation.

“With regard to the Uber drivers, like any employees, there are no exceptions. They are fully protected by the South African labour laws, including the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA),” Compensation Fund Commissioner Vuyo Mafata said on Tuesday.

The COID Act compensates employees who are injured during the course 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, qualify 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,” the Department of Labour said.

Employers must register their companies with the Compensation Fund so that employees are covered under the COID Act.