What the law says about employing a domestic worker

Like most jobs in South Africa, employment for domestic workers is regulated by law, and specifically by the Sectoral Determination for the Domestic Worker Sector as set out by the Department of Labour.

These laws cover all domestic employees in a private home, including gardeners, caregivers of children or the elderly and personal drivers. The only domestic employees not covered by these laws are farm labourers and those who complete work covered by another sector.

Documentation

Your domestic worker must have a contract of employment signed by both parties. If either party is illiterate, the contract must be read to them so that they understand it. This contract must include both the employer’s and employee’s name, the employer’s address, the address where the work will take place, the date at which the work will commence and the domestic worker’s job title, for example domestic worker, childminder or gardener. It must also state the number of hours a week which will be worked, and when.

Identification

Although you are not necessarily required to have a copy of your domestic worker’s ID, it is encouraged, particularly if you are unsure of how old your domestic worker is and for safety and legal matters if they may arise in future.

Hours of work

A domestic worker may not work more than 45 normal hours a week. If he or she works five days week, he or she is limited to working a nine-hour day. If he or she works six days a week, this is limited to eight hours a day. This does not include overtime. Any overtime can only be done if both the employer and employee agree to it. A domestic worker can only work a maximum of 15 hours of overtime a week, and he or she can only work a maximum of 12 hours on a single day.

Public holidays

A domestic worker is entitled to have public holidays off, although if necessary, they can work on these days if another day off in the future is agreed upon.

Sundays

A domestic worker cannot be compelled to work on a Sunday, although they can choose to work on Sunday on the understanding that they will receive double their wage for the hours worked.

Termination of employment

Termination is regulated. Written notice of the end of employment must be given by the party who wishes to terminate the job.

If the domestic worker has been employed for less than six months, only one week’s notice is necessary, if employed for six months or more, then four weeks notice will be needed.

If you have provided your domestic worker with accommodation, they are entitled to still stay in that accommodation for one month after their employment ends, or until the contract between you can legally be terminated.

• All money owed to the domestic worker must be paid to them, including wages, any allowances that you had agreed to give them, and paid leave that they have not taken.

It’s vital to remember that if you decide to terminate your domestic worker’s employment, you must provide them with a valid and fair reason for doing so. If you do not provide this, they have the legal right to approach the CCMA.

Minimum Wage

There is a prescribed minimum wage that all employers of domestic workers must adhere to if your employee works for more than 27 hours a week. This amount is determined by the area in which the domestic worker is employed. In the Johannesburg Metropolitan Municipality, this amount is no less than R11.44 per hour worked.

In cases where overtime is worked, for every hour your domestic worker works, he or she is entitled to be remunerated for one-and-a-half hours. This can be given in cash, or in one-and-a-half hours of leave.

Where to go

The nearest labour centre in the Fourways area is the Sandton Labour Centre situated on 9th Street, 424 Marlboro, Sandton. You can contact them telephonically on 011 444 7631.

Details: The source of the information is from a document on the Department of Labour.