WHAT DOES THE LAW SAY?

It is very important to take note of the following if you are employing a domestic worker on a periodic basis:

Sectoral Determination 7 only differentiates between domestic workers working less than 27 hours per week, and 27 hours per week and more, by prescribing different minimum wage rates for these categories. This therefore includes your periodic employee;

The Sectoral Determination 7 is very clear that that the provisions apply to ALL domestic workers in South Africa and this includes all Gardeners, Nannies, Chauffeurs and Caregivers employed in private households.

Furthermore, the Sectoral Determination 7 is also very clear that the provisions of the Basic Conditions of Employment Act apply to all domestic workers and their employers in respect of any matter not regulated by the Sectoral Determination 7.

Regarding UIF, the Unemployment Insurance Act specifies that employers who employ domestic workers for less than 24 hours per month do not have to deduct UIF from their domestic workers and therefore the employees do not have to be registered with the UIF. However, all other provisions as contained in the Sectoral Determination 7 still apply – which include contract of employment, payslips, proper management of leave, etc.
The Labour Relations Act provides for dispute resolution under the auspices of the CCMA where your domestic worker can challenge alleged unfair labour practices and unfair dismissals.

To sum it up: there is very little difference between the legal compliance in the case of a full-time domestic worker and a periodic employment relationship.

If you, like many employers, have been employing your domestic for a few years but have been unaware of these obligations, we can assist you to rectify your compliance issues, including UIF arrears.   If you are just embarking on employing a domestic worker, we strongly advise that you ensure that you are start off on the right foot.

DO THE RIGHT THING BECAUSE IT IS THE RIGHT THING TO DO

To read more go to www.maid4u.co.za and visit our Newsletters and BLOG – By Albert van der Merwe (HR and Labour law expert)

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