PART TIME DOMESTIC WORKERS, EVEN THOSE WORKING ONE DAY A WEEK, MAY BE ENTITLED TO EMPLOYEE BENEFITS.
Households who employ the domestic services of cleaners, cooks, gardeners and pool men – even just once a week, that they could be legally liable for employee benefits if they rendered a service beyond 24 hours monthly.
Domestic workers play a critical role in the machine that is South Africa, helping households with children, cooking, cleaning, the garden, pool services, the dogs and other household functions that busy parents cannot do themselves. Domestic workers include people providing services within private households, including cleaners, gardeners, dog walkers, drivers and caregivers for children, the elderly, or the sick and disabled.
As per Stats SA there are approximately 869000 domestic workers employed and the moment you hire a domestic worker, even if it’s just once a week, you become a domestic employer with significant legal responsibilities.
Many employers wrongly believe that if you hire foreign workers, you are exempt from complying with domestic employment laws. This is far from the truth.
Non-compliance to domestic employment laws can lead to severe penalties and legal repercussions, including hefty fines and negative outcomes at the Commission for Conciliation, Mediation and Arbitration (CCMA) and that failure to comply with legal obligations can result in hefty fines and penalties of anywhere between R10,000 to R50,000, subject to the severity and duration of the violation.
Additionally, if your domestic worker lodges a claim against you at the CCMA and you are found guilty of unfair labour practices or an unfair dismissal, the worker may be awarded financial compensation.”
South Africans must provide their domestic workers with an employment contract and job description if there normal working hours exceed 24 hours in a month.
Employers must keep accurate time and attendance records as well as proof of payment of all remuneration and these record must be kept for a minimum period of three years after the employee has left your employ.
Domestic employees are entitled to leave pay, sick leave and all other entitlements of a so call normal employee.
Leave is calculating at one day for every seventeen days worked.
A domestic workers minimum wage is currently R27-58 per hour.
Your domestic worker must also be registered with the Unemployment Insurance Fund (UIF) and Workman’s compensation through the Department of Labour.