26/05/2020
Small Business Compliance
Morning everyone. For the next few weeks I will be doing a series of compliance issues facing small and medium size businesses. I am focused on these two sectors because big businesses have large Risk and Legal Departments that assist them with compliance issues.
Today we will focus on the Compensation Fund
Suppose you want to compete for a tender or supply a quotation for your business services and you are asked to bring a Letter of Good Standing (LOG).
What is a letter of good standing?
A LOG is a letter issued by the Compensation Fund as proof that you are registered and paid your dues for the fund. By law, all Employers are required to register with the Compensation Fund, excluding employers of domestic workers and exempted employers. Failure to register for Compensation constitutes an offence. Only a few employers are exempted from COID. These employers include the National Government, the Provincial Government and the Greater Metropolitan Councils.
The purpose of the Compensation Fund is to provide compensation, i.e., pay your employees who are injured or contract diseases through the course of their employment. Compensation can take the form of payment for loss of earnings, travelling expenses, medical expenses or pensions.
How do you register and how much do you pay?
Registration is through the Department of Employment and Labour (www.labour.gov.za). Once you have gone through the registration process and have a CF Number, you can then declare earnings of your staff and pay the applicable fees. Thereafter, every year in April, the Compensation Fund sends a notice of assessment which stipulates how much you should have paid for the assessment fee.
The annual assessment fee is based on the workers’ earnings for the year and the risks associated with the type of work being done, e.g., office workers pose a lesser risk than construction workers. NB – you should never understate the earnings of your employees as that will be the basis from which compensation is paid should an employee be injured.
How do claims work?
The COIDA provides a system of no-fault compensation for employees injured or who contract diseases during the course of their employment. “No-fault compensation” is a legal rule that an aggrieved party is entitled to compensation without having to prove any other party was at fault for the accident.
Now that you understand why you need a Letter of Good Standing, please do the right thing and register yourself. Should you need assistance, please feel free to consult with us at Magohla Consulting. Contact us at [email protected] or 083 652 0474.
Magohla Consulting at your service.