Domestic workers are an integral part of the South African landscape, providing working moms with a crucial extra pair of extra hands. There are around 900 000 domestic workers in South Africa and a recent survey found that only 48% of households comply with the law governing the employment of domestic workers.
Domestic work arrangements have been agreed very informally in the past with few employer/employee relationships documented in proper, written contracts.
But, as a result of many domestic workers being exploited, working in unfavourable conditions for long hours and poor pay, the Department of Labour has stepped in.
On top of this strict law enforcement, many domestic workers are opting to take their employers to the CCMA in event of a dispute. Without a formal agreement between employer and employee, a fair outcome becomes harder to reach.
The Basic Conditions of Employment Act requires employers to conclude a written employment agreement with their domestic workers, gardeners and child-minders (including drivers of children) and those who look after the sick, aged or disabled in private homes. These prescriptions include the following:
- Every domestic worker should receive a written pay slip on payday setting out the employee’s details, the ordinary and overtime hours worked during the payment period, the applicable rate of remuneration and any deductions made by the employer.
- No deductions may be made from a domestic worker’s pay for breakages, work clothing or meals provided. If accommodation is provided, no more than 10% of the worker’s monthly salary may be deducted as an accommodation allowance.
- A domestic worker must be given a meal break of at least 30 minutes after every 5 hours of continuous work.
- A domestic worker may not be required to work more than 15 hours of overtime in any week. Any overtime worked must be remunerated with additional pay or leave.
- If a public holiday falls on a day on which a domestic worker would usually work, the employer must pay the domestic worker for the day, even if the domestic worker doesn’t work that day.
- A domestic worker can only be called upon to work on a public holiday if there is a written agreement allowing for this. Such work must be remunerated by double pay.
- Every domestic worker is entitled to three weeks annual leave.
The only way to clarify what each party can expect and have to contribute to the relationship is by signing a Domestic Employment Agreement prior to employment.
This work contract sets out the duties, hours and place of work, wages, overtime, leave and termination of services for a clear understanding of the terms of employment. What is the minimum wage for domestic workers? The minimum wages for domestic workers who work more than 27 ordinary hours per week in an urban area is set at R1 746 per month and for a domestic worker who works 27 hours or less per week it’s R1 237.60 per month.
If you are paying your domestic worker more than the minimum wage, increases are not compulsory and any increase is negotiable between the parties.
Get information and administrative tools to keep you legally compliant as a domestic employer with Domestere from Indwe Risk Services.
Domestere is the number one solution for employers of domestic and casual workers, giving you access to simple online tools that allow you to properly manage your employees and keep legally compliant.
Domestere also includes important personal accident cover for your domestic employees, in the event of anything happening to them while working for you (such as a motor vehicle or home-based accident, animal attack or assault).
Domestere will assist you with your contract of employment and in registering your employees with UIF. It will guide you on approaching your workers in terms of their job functions and ensure you are up to date and compliant with labour law. The admin tools help you produce pay slips with the correct and up-to-date statutory deductions and provide an effective way of tracking payments – and it’s available at your convenience, 24 hours a day.
Domestere provides:
- A standard contract of employment
- A service record Termination of employment contract
- Access to advice specific to the informal working environment
- Access to labour-related articles and advice Legislative compliance with up-to-date changes
- Regular updates and email notifications regarding legal compliance
Domestere covers:
- Electronic support Easy access for online UIF registrations and payments
- Accidental death and permanent total disability: R75 000 Income protection:
- Actual salary subject to a maximum of R1 000 per week, for a maximum period of 52 weeks (subject to a 7-day excess). This is based on your employment contract in respect of contractual days worked and the salary reflected on your domestic worker’s pay slip
- Medical expenses: Up to R20 000 (with an excess of R750 per incident) Death-in-service benefit (funeral assistance): R10 000
For more information on Domestere speak to Indwe Risk Services; we’ll help you