“You know what would make housekeeping way more fun – hiring a domestic
worker” (quote by author unknown)

In today’s economic challenges, both parents, in most cases, have to work. House
work and raising children is a challenge and job on its own. Domestic workers are
therefore an integral part of our lives. “One person caring about another represents
life’s greatest value” (quote by Jim Rohn). Domestic workers help us manage our
homes and raise our children. It’s only fair-minded that they are appreciated and
preserved with the reverence and professionalism with which we bestow on other
workforces.


Like any other workforces, domestic workers (hereinafter referred to as ‘workers”) are
permitted to certain rudimentary benefits.

Most people hate house work. “I hate house work. You make those beds; you wash
the dishes and [the next day] you have to start all over again” (quote by Joan Rivers).
So instead of doing it ourselves, we employ domestic workers to attend to the
mundane upkeep of the home that we dislike so much.

In this article, I shall highlight important aspects employers should note when entering
into an employment contracts with their domestic workers.

1. APPLICABLE LEGISLATION

1.1. LABOUR RELATIONS ACT

Labour Relations Act made anticipated changes, which still needs to be
adopted by parliament, but it is important for employers to familiarise
themselves with them and evaluate their possible impact on the
business.

The projected changes to the Labour Relations Act are intended to
reinforce collective bargaining and preventing picketing as a way of
attending to violent strikes. It will be mandatory for Trade Unions and
Employers Organisations to make provision in their constitutions for a
poll of followers before boarding on a foray or lockout.

1.2. BASIC CONDITIONS OF EMPLOYMENT ACT (“ACT”)

The situation of domestic workers is structured by the Basic Conditions
of Employment Act, which is required to be read along with the Sectoral
Determination governing the Domestic Worker Sector. The rules that are
set out herein must be replicated in the agreement of employment. Any
requirements or circumstances which are less favourable than those set
by the Determination are unacceptable and illegal.

Many South Africans hire domestic staff, but they frequently don’t
accomplish their prescribed duties as employers such as having an
employee contract correctly recording annual leave and sick leave, as
well as making the applicable contribution to the Unemployment
Insurance Fund (UIF). “Employee loyalty begins with employer loyalty.
Your employees should know that if they do the job they were hired to
do with a reasonable amount of competence and efficiency, you will
support them” (quote by Harvey Mackay).

The Act will remain to control the straightforward terms and conditions of
employ. Nevertheless, the Basic Conditions of Employment Amendment
Bill (2017) presents alterations to the Act that deliver for implementation
measures in the event of non-compliance with the National Minimum
Wage Bill.

1.2.1. Imperative features of BCEA

Below are five of the furthermost imperative features of the new
laws:

a) Minimum hours of work

This section affords that a worker, who works for a reduced
amount of four hours on any day, will be permitted to be paid
for four hours of work, if conditions outside the control of the
employee thwart work from being done.

b) Allowance of the jurisdiction of the CCMA

These requirements will permit employees receiving below
the wages threshold to raise disagreements to the CCMA and
is intended to afford a more cost active and speedy process
of deciding disagreements of this nature.

c) National minimum wage

The anticipated minimum wage is R20 for respectively
ordinary hour worked and will establish a term of the
employee’s contract excluding to the degree that the
employee’s contract or a collective agreement affords for a
wage that is additionally favourable to the employee.

2. TYPES OF DOMESTIC WORKERS

2.1. REGULAR DAY WORKERS

Regular day workers are people hired on not more than three days in
any week by the same employer for a period of not less than four
consecutive weeks. The situation of regular workers is in all customs are
the same as that of other domestic workers, excluding that the laws
amendable to notice of expiry of employment don’t apply to them.

2.2. DOMESTIC WORKERS WHO LIVE IN OR WORK FOUR-PLUS DAYS

Laws relating the spread-over of working time, working hours, meal
intervals, maximum overtime, and announcement of termination of
employ. As soon as a domestic worker begins to work, the employer
must deliver her with the details set out in Section 9 of the Sectoral
Determination. If a domestic worker doesn’t comprehend the printed
details, the employer must confirm that they are described to her in a
language and in a way that is understood.

3. SALARY OF DOMESTIC WORKERS

“To work for salary is to give out your life for little compensation” (quote by
Sunday Adelaja)

The Department of Labour printed the National Minimum Wage Bill that is set
to announce a minimum wage of R20 for each normal hour worked from May
2018.

We live in an economically struggling period of an influx of unemployment.
Noting this, one should not use underpaying staff due to the fact that they are
desperate for money. Remember when you pay an individual, you on not only
paying for their sustenance of food and shelter but so much more. “A good job
is more than just a pay-check. A good job fosters independence and discipline
and contributes to the health of the community. A good job is a means to provide
for the health and welfare of [a] family, to own a home, and save for retirement”
(quote by James H. Douglas Jnr).

The salary of a domestic worker is well-defined to embrace all payments made
in cash or in kind for her employment. The minimum wage that you can
recompense to a domestic worker is set by the Sectoral Determination for the
Domestic Worker Sector, and it rises annually. For 2018, the legal minimum
amount for anyone in a large city or town, who works more than 27 hours per
week is R13.05 per hour (a minimum of R2 545.22 per month for full-time
employment). For an employee who works less than 27 hours per week, the
minimum rate is R15.28 per hour.

However, although this is a legal minimum, it is not a market-related wage, and
ought to be only used as a preliminary point for employees with no practice or
training. “Salary is the compensation you get for giving your life” (quote by
Sunday Adelaja)

The salary of a domestic worker must be calculated on the foundation of the
number of hours she normally works.
Along with the salaries, the employer must provide the domestic worker a pay
slip indicating the following:


a) the employer’s address,
b) the domestic worker’s name and profession,
c) the period she is being paid for,
d) the salary rate,
e) the overtime rate,
f) the number of regular and overtime hours worked during that period,
g) the worker’s total wage and
h) Any deductions made must be comprehensive.

“Culture is about performance, and making people feel good about how they
contribute to the whole” (quote by Tracy Streckenbach).

4. OVERTIME

Overtime is not compulsory. Many staff agree to overtime for extra income and
growth in the ladder of their profession. “I'll work overtime to open the doors of
opportunity to industry and commerce” (quote by Allan Audry).

Anyone who works additional hours than the arranged working hours must be
paid overtime. The Act makes it clear that regular working hours may not
surpass 45 hours a week, and somewhat hours worked over that time must be
remunerated as overtime.

4.1. TYPES OF OVERTIME

There are two different types of overtime:

a) Normal overtime:

Any extra hours worked Monday to Saturday. These hours must be
paid at 1.5 times the normal hourly pay. A domestic worker may
not be made to work more than 45 hours in any week or work more
than nine hours per day for a five-day work week, or more than
eight hours a day for a six-day week.

b) Double pay overtime:

Any extra hours that your domestic worker may work on Sundays
and public holidays. It is important to note that you cannot force
your domestic worker to work on Sundays and public holidays. Any
time worked on Sundays or public holidays must be paid at double
the normal hourly wage, except where the work is part of the
worker’s ordinary hours of work.

4.2. RESTRICTIONS ON OVERTIME REQUIREMENTS:

a) No more than three hours of overtime may be worked on a standard
nine-hour work day.
b) No more than 15 hours of overtime may be worked in a week.
c) Standby is when the domestic worker is required to be at the
workplace between 8 p.m. and 6 a.m. the next day, is allowed to
sleep, but must be available to work if necessary. Typically, this
happens when a worker is looking after small children. This may
not be done more than five times per month, and it must be
compensated by an allowance. If an employee is on standby after
hours (available if needed but not actually on duty), they should be
paid a standby payment
d) A one-hour lunch break is compulsory after five hours of work,
which is calculated as a working hour in the 45-hour work week.
e) Employees may not work seven days uninterruptedly.

5. DEDUCTIONS

You’re not allowed to deduct any money from your domestic worker without her
permission!

There are several things for which you can and can’t deduct money from a
domestic worker’s wages

5.1. PERMITTED BUT OPTIONAL DEDUCTIONS:

a) Medical insurance, by mutual agreement.
b) Savings, pension fund contributions or loans, by mutual agreement.
c) Ordered account payment, if the employer has been ordered by the
courts to deduct money from the employee to pay an outstanding
account.
d) Proportionate deductions can be made from the domestic worker’s
pay if he or she has been absent from work, unless it was absence
on paid leave of absence at the insistence of the employer.
e) If accommodation is supplied to the worker, a deduction of not more
than 10% of the total remuneration can be made. The
accommodation must be in good condition with at least one window
and a lockable door, and he or she must have access to a
bathroom.
f) With the consent of the worker, the employer can deduct certain
amounts which the employer has undertaken to pay for the account
of the domestic worker.

5.2. DEDUCTIONS NOT PERMITTED:

a) Any amount greater than your employee’s earnings.
b) Any amount to cover damage or breakages of household items
including crockery, appliances or clothing.
c) Meals provided during work times. You do not have to provide
meals, but if you do, you cannot deduct for them.
d) The cost of clothing used by your employee if they are required to
wear a specific uniform.
e) The supply of any work equipment, for instance brooms or
lawnmowers.
f) Employers can’t fine domestic workers or expect them to repay any
overpayments previously made in error by the employer.

6. UNEMPLOYMENT INSURANCE FUND (“UIF”)

Any employee who works more than 27 hours per month must be registered
for UIF.

As an employer, you must register yourself with the Department of Labour to
receive a contributor number, which you then use to make payments. Your
domestic worker is then registered as your employee, who will be a beneficiary
under your contributor number.

A total of two percent of the employee’s salary must be paid to UIF each month.
One percent has to be paid by the employer, and the other one percent may be
deducted from the employee.

7. BREAK PHASES

In order to get great results and energy from your workers, break phases are
essential. It reboots your worker to perform the remainder of the day. “Eating
at regular intervals in small amounts and not starving yourself is the key to
maintaining ...[ work results]” (quote by Krystle D'Souza).

An employer must allow a worker a regular rest period of 12 uninterrupted hours
between conclusion of work and commencing work the following day. By
agreement, this period can be condensed to 10 hours for a worker who resides
at the workplace and whose meal break lasts for a minimum of three hours. A
weekly rest period of 36 successive hours as well as Sundays must be agreed.

7.1. Meal intermissions

After five hours the domestic worker is permitted to a one-hour lunch
break. During the break the worker may be mandated to complete duties
that can’t be left unattended. A domestic worker must be paid for a meal
intermission in which she is mandated to be accessible for work. For
example, if the domestic worker must be on standby during her lunch
break to care for children.

8. LEAVE TYPES

8.1. ANNUAL LEAVE

“A [leave] should be just long enough that your boss misses you, and not
long enough for him to discover how well he can get along without you”
(quote by author unknown).

Domestic workers are allowed to at least three weeks’ annual leave on
full pay after they’ve completed 12 months of constant employment. The
leave must be taken at times that are suitable to the employer, and the
employer may necessitate the employee to take her leave at the same
time that the employer is on leave. The leave pay must be paid prior to
the commencement of the period of leave

8.2. SICK LEAVE

During a sick leave cycle of 36 months, the employee is permitted to a
total of paid sick leave equivalent to the amount of days she would
normally work throughout a period of six weeks. However, during the first
six months of employment, a domestic worker is entitled to one day’s
paid sick leave for every 26 days worked. The employee must let the
employer know as early as possible that she is going to be absent from
work. A medical certificate may be required if a worker has been absent
from work for more than two consecutive days, or if the employee has
been absent more than twice during an eight-week period.

8.3. MATERNITY LEAVE

“Maternity leave and parental leave is absolutely vital for strengthening
families. It's an issue for men and women” (quote by Quentin Bryce).

A domestic worker is permitted to at least four consecutive months’
maternity leave, starting at any time from four weeks before the
anticipated date of birth, except otherwise agreed, or on a date from
which a medical practitioner confirms that it’s required. The employer
isn’t indebted to pay the worker for the period for which she is off work
on maternity leave. The discharge of an employee on account of her
pregnancy, intended pregnancy or any reason related to a pregnancy is
inevitably unfair.

8.4. FAMILY RESPONSIBILITY LEAVE

A domestic worker who’s worked for an employer for extensive period of
more than four months and who works at least four days a week is
permitted to five days of family responsibility leave during each 12
months of employment. This leave can be taken when the domestic
worker’s child is sick, or if a spouse, life partner, parent, grandparent,
child, grandchild or sibling dies, or (in the case of men) when the worker’s
child is born

9. TERMINATION

9.1. PROBATION PERIOD

When you hire a new domestic worker, a probation period should be
placed into the agreement. The probation period cannot be stretched
more than three months, and throughout this time, any party can cancel
the employment with direct effect, for any rational purpose.

After the probation period has derived to a conclusion, if you wish to
cancel your worker’s occupation, you will initially have to provide three
notices in writing (except when it’s given by an illiterate domestic worker),
which the worker must sign, and then hold a disciplinary hearing.

9.2. THE PROCEDURE OF DISCIPLINARY HEARING

In the disciplinary hearing, there must be single impartial creature to hear
both sides, and both parties are permitted to have someone represent
them.

If the decision of the hearing is that discharge can take place, and the
worker has stayed with you for six months or less, you may dismiss the
service with one week’s notice. For slight period of over six months, you
have a duty to deliver four weeks’ notice.

The service of a worker may not be ended except if there’s a lawful and
reasonable reason, and unless fair procedure is followed. If a worker is
discharged lacking a lawful reason or a fair procedure, the worker may
approach the CCMA for assistance.

On finishing employment, the worker is permitted to a credential of
service affirming her complete name, the name and address of the
employer, the dates when service began and finished, the job report, and
the charges of compensation.

9.3. NOTICE PERIOD

When it’s the employer who provides the termination on paper by notice,
it is the duty of the employer to also be explain the termination verbally
to the worker. The notice of termination must not be provided during any
period of leave to which the worker is permitted. As an alternative of
providing the worker notice, the employer can recompense the worker
the complete wage she would have obtained if she’d operated for the
complete notice period.

Though, you may discharge a worker out-and-out for gross transgression
such as stealing or jeopardizing the life of your child. This is called
immediate discharge, and not any notice period is mandatory.

9.4. TERMINATION DUE TO WORKER DISABILITY

If it’s not probable for the employer to adjust the worker’s responsibilities
to suit the incapacity of the worker, the employer may dismiss her
services.

9.5. REMUNERATION ON TERMINATION OF WORK

On expiry of employment an employer must pay a worker all the money
due to her such as her wages, an allowance, salaried time-off not
booked, and pro-rata leave.

9.6. LEAVE REIMBURSEMENT TO DOMESTIC WORKER

Leave owed to the worker is determined as one week’s salaries for each
four-month’s operated or one day’s salaries for every 17 days worked.

9.7. RETRENCHMENT PAY

If you cut back a worker as a result to your variation in due your financial,
technical, or organizational requirements (also called operational
requirements), and you cannot find them another employ, you have to
pay compensation pay. You will have to pay one week’s pay for every 12
months of constant service in totaling to the months' notice. If the worker
only operated part time, then you will have to pay for the amount of days
operated in a week, for every 12 months of constant service.

9.8. NOTICE AND ACCOMMODATION

Live-in domestic workers may well also live on the properties for a month
subsequently after expiry or dismissal of the employment, or the
employer can recompense for their housing in another place.

10. WHAT MUST THE EMPLOYMENT AGREEMENT CONTAIN?

Having contracts in place is important as it deters bad behaviour and results. If
it is not in writing, things could be misconstrued. “Truth is truth. Implications are
subjective. People will hear your words and draw their own conclusion” (quote
by Neal Shusterman)

Every domestic worker must have a signed employment agreement by law. The
contract should be in writing as “A verbal contract isn't worth the paper it's
written on” (quote by Samuel Goldwyn).

The agreement cannot supersede the Basic Conditions of Employment or the
Domestic Workers Act but covers the particulars of your employment
prearrangement. It is still beneficial to cover all the basic conditions previously
stated here so that you and your worker can deliberate and comprehend them.

You ought to review the agreement with your worker each year.
“A valid contract requires voluntary offer, acceptance, and consideration” (quote
by Robert Higgs).

The agreement ought to comprise of the following:

a) The full name and address of the employer
b) The full name and occupation of the employee, and a brief description of
the work that he or she will be doing
c) The place of work
d) The date of employment
e) The domestic worker’s ordinary hours and days of work
f) The domestic worker’s wage or rate and method and frequency of
payment
g) The amount of pay for overtime work
h) Any other cash expenditures that the worker is permitted to
i) Any deductions taken from salaries
j) The leave she is allowed to
k) The notice period vital to dismiss employment, or the date of expiry of
employment if the employment is for a precise period only.
l) Both the worker and the employer must date and sign the contract.

11. CONCLUSION

Domestic work is still a share of the major employment part for women who
hold little or no proper schooling. Domestic workers have demonstrated to be
the mainstay to the endurance of many families and they remain to make the
lives of working parents more comfortable.

It is important to note that you ensure that you understand and ensure that you
comply with the rights and regulations governing domestic workers. You do not
want to end up at court or the CCMA for failing to abide by the regulations and
procedures. To reduce the possible result of this, ensure that there is an
employment contract in place highlighting the aspects of duties; leave and
compensation. It is not sufficed to only ensure it is in writing, you need to ensure
that your domestic worker understands the terms thereof to avoid a possible
defence on their part that “they did not understand the contract”.