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.
________________________________________________________________________________________________________________
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.
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.
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.
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).
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.
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
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.
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
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.
JET CLUB HELPLINES
For
free advice on any employment dispute or query, Jet Club members can call our
careline
free advice on any employment dispute or query, Jet Club members can call our
careline
LEGAL ASSISTANCE
SA & Namibia
0800
00 45 45
00 45 45
Botswana, Lesotho & Swaziland
+2711
991 8258
991 8258
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