KNOW YOUR DOMESTIC WORKER RIGHTS

 Domestic workers are among the most vulnerable employees in the workforce. A work contract protects the employee and employer, and sets out the terms of employment, so everyone with a domestic worker should have one in place. 

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Domestic workers play an important role in society as their services provide a much-needed extra pair of hands to families. Over the years, the work arrangements were agreed informally between the parties involved. But times have changed and nowadays formal written contracts are a legal requirement. However, according to the Western Cape Department of Labour, only 48% of households comply with the laws governing the employment of domestic workers. And as a result too many domestic workers are exploited by their employers.

PROTECTION FOR BOTH PARTIES

‘A contract of employment is important as it is a legal requirement, along with UIF, for anyone employed for more than 24 hours a month,’ explains Ruth Kloppers of Help At Home, an award-winning childcare agency that helps with domestic placements and training services in Durban and Johannesburg. Kloppers says both parties must understand the current labour law for domestic workers as stipulated in Sectoral Determination 7 of the Basic Conditions of Employment Act, as it protects the employer and employee equally.

Adhering to the 1557 per hour national minimum wage is crucial, and so is complying with the Employment Act, which requires employers to conclude a written employment agreement before the employment begins. ‘Having an employment contract in place also reduces the likelihood of possible disputes or concerns that either party might have, as both parties will know what is expected of them,’ she adds.

WHAT’S IN THE CONTRACT?

For a clear understanding of the terms of employment, the work contract should set out the duties, hours and place of work and wages, as well as conditions governing overtime, leave and termination of services. Also to be included are all details regarding salary, for instance frequency and monthly dates of payment, and employer and employee details (contact numbers and addresses).

Before work commences, the employer and employee should discuss the contract, and any uncertainty should be clarified, especially on significant matters such as bonuses. ‘Bonuses are usually at the discretion of employers,’ says Kloppers, ‘unless they would like to add one to the contract. However, they are not a legal requirement.’If the employee has difficulty understanding the contract because it’s not written in their home language, arrangements should be made for someone reliable to translate it for them.

Kloppers says it is also very important for employers to have proper contact details for their employees, including where they live and details for their next of kin. Both the employer and employee must keep a copy of the contract, and it should be updated if and

when any details change. 

A CONTRACT SHOULD INCLUDE

·    Full names, ID and contact details of the employer and employee
Employer and employee’s addresses
Address of place of work
Working hours and days of work per week
Wage rate and payment details, including overtime
Frequency of payment
Deductions
Date of employment
Leave details
Notice period
Contract period

WHAT TO CONSIDER WHEN DRAFTING A CONTRACT

Payslips could be provided on payday. They should have all of the employee’s details, hours worked and remuneration rate.
Deductions on items such as breakages, uniform and meals may not be deducted from the wages.
No more than 10% should be deducted from the worker’s salary if the employer provides accommodation.
Meal breaks must be provided.
Overtime should be kept to a maximum of 15 hours a week. Any overtime worked must be remunerated.
The employer must pay the worker for work done on public holidays.
Workers are entitled to three weeks of annual leave.

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