Sectoral Determination 7: Domestic Worker Sector
Domestic Workers – Minimum Wages
Domestic Workers – Contract of employment: Comprehensive
Domestic Workers – Contract of employment: Comprehensive (Part time/Flexible)
Domestic Workers – Explanatory Notes
Domestic Workers – Time and Wage record
May employers exclude candidates for employment based on the fact that they have a criminal record, or may an employee be dismissed if the employer discovers that an employee has a criminal record?
COSATU gave notice to NEDLAC of their intention to embark on nation-wide protest action on Monday, 7 October 2024. What does this mean for employers?
If an employer contemplates dismissing employees based on operational requirements (retrenchment), the Labour Relations Act (LRA) requires the employer to follow certain procedures. However, may an employer approach employees informally and strike a deal by signing a mutual separation agreement, thereby avoiding the legal technicalities of the LRA?
The challenge of dealing with irregular or ‘fake’ sick notes continues. Taking disciplinary action against employees may backfire, as happened in the case of Woolworths vs Maseko and others (2024) LAC.
This year 16 June (Youth Day) falls on a Sunday. Therefore Monday, 17 June, is also a public holiday. So, what must employees be paid?
I have worked as a domestic worker for 19 years how much should I get as a severance pay as my boss told me to partways as in December
If you were retrenched, you should have received notice pay, leave pay (if you had leave available) and severance pay calculated at 1 week’s pay per completed year of service.
We have a domestic employee who has worked for us twice a week for the past 20 years, her uif contributions are paid up to date.
what retrenchment procedure should we follow in terms of her payout.
You still need to follow the normal retrenchment process in terms of Section 189 of the Labour Relations Act. We suggest that you seek guidance.
Hi
Our domestic worker is retiring at 62yrs, she has worked for us for 20yrs, what is a fair retirement package to give her. We have paid her UIF but she is still waiting after almost 5 months submitting and a case number given to her (they keep telling her to come back) but docs are in order!!! We as a family want to give her something but just want to know if there’s a law or a minimum etc.
There is no legal requirement to pay a domestic worker (or any other employee) a ‘package’ upon retirement. However, it is fairly common practice to do so. Some employers pay one week’s pay per completed year of service (i.e. the same as in the case of a retrenchment), but it is up to you to decide.
We have employed a domestic servant for 1 day a week for many years, but will be retrenching her in the near future.
How do we calculate her payout.
Once you have followed a proper a consultation process, you would have to give her 4 weeks’ notice (or pay her in lieu thereof); she will also be entiled to outstanding leave pay and severance pay caculated at one week’s pay (in your case one day’s pay) per completed year of service.
Our domestic worker is 62 years old and has worked for us for 24 years. We have given her money over the past few years towards building a house. She now tells me that she was entitled to a sum of money paid to her by us when she turned 60. I was under the impression that retirement age is 65 years of age, which means she has another 3 years to work before she retires. Please advise. Thank you.
Reply to Mrs Van Maasdyk: There is no entitlement to any lump sum at 60 years (or at any other age). If she had retired, she would have been able to apply for a state pension from the age of 60.
Hi, I would like to provide a job for a domestic worker, but only need her for less than 24 hours a month. What benefits if any would she be legally entitled to (leave, public holidays, notice period,uif, annual increases) and what obligations are there for giving notice if she does not work well(even after providing training and instructions) or stays away without giving reasons.
Reply to Jason: If you will be employing her for less than 24 hours per month, she would not be entitled to paid annual leave, sick leave, family responsibility leave, additional pay for work on Sundays’ and public holidays, etc. Only the minimum wage provisions of the Sectoral Determination would apply. As far as misconduct or poor work performance is concerned, she would be entitled to protection against unfair dismissal – you would therefore have to follow a fair procedure and have a good reason to dismiss her.
My domestic worker works two days per week for me, and three days per week for another employer. Do we both have to pay UIF contributions?
Reply to Jo: Yes, you are separate employers and both have to pay UIF contributions.
I have a domestic worker who comes in twice a week and does not work more than 5 hours a day. I now need to terminate her services. Is there a notice period? She also does not do as told and forgets the house keys at home and then just does not work that day. Do I need to give her a termination letter?
Reply to Astrid: One cannot simply give notice, as she would still enjoy protection against unfair dismissal (i.e. the dismissal of any employee, including a domestic worker, has to be for a fair reason and after a fair procedure has been followed). I suggest that you consult with a labour lawyer or labour consultant near to you.
My domestic worker has reached retirement age. She is still working. How do i retire her and can i force her to go on pension.
Response to Jolene: Allowing someone to keep working after reaching the agreed retirement age, could create the expectation of indefinite employment. I suggest that you try to come to an agreement on a retirement date, put it in writing and stick to it.
My domestic worker is working for me for 2 years now but only works 3 days a week 9 hours a day. Is she therefore classified as a permenent employee or part time? Also does one pay UIF for a part time employee?
Due to the fact that she works for you for more than 24 hours per month, she would be regarded as a permanent employee (even if she works part time). UIF contributions do need to be made.
The minimum wage rates are disgracefully small and should be doubled at least.