legislation
Basic Principles
If you employ a Domestic (Gardener), even only for one day a week, you have significant legal obligations: – Many domestic employers are unaware of this and it may cost them money, an inspection by the Department of Employment & Labour or even correspondence from the CCMA (Commission for Conciliation Mediation & Arbitration).
Who is defined as a “Domestic Worker”?
This include all individuals providing services in a private household and essentially includes cleaners, gardeners and care-givers (or call them what you like!).
What are the consequences of failing to follow labour laws?
Failure can result in fines and penalties ranging from R10 000.00 to R50 000.00 subject the severity of the failure and/or the duration of the violation. This can extend to the New National Minimum Wage Act (NMWA) and an employee can claim outstanding monies going 2 years back through action instituted at the CCMA! It is now so easy they can do it off their phones and need not even leave their place of work!
(If you choose to subscribe to our services you can do the same.)
Must I provide written particulars of employment to my domestic?
Yes, it is a legal obligation to provide your domestic with an employment contract and job descriptions.
Must I provide a monthly pay slip?
Yes and it must contain relevant information as detailed in the Sectoral Determination 7: Domestic Workers.
Do I need to register my domestic anywhere?
Yes, if they are employed for more than 24 hours per month they must be registered with the Unemployment Insurance Fund (UIF) and you must deduct 1% of their monthly income plus your own contribution of 1% of their basic towards the UIF, by the 7th of every month and submit a declaration to the UI Commissioner.
It is critical to note that domestics are now provided the same protection as other workers in that they are now covered by Workmen’s Compensation – Compensation for Occupational Injuries and Diseases Act (COIDA) – the domestic employer must therefore register with the Compensation Commissioner, submit annual returns of earnings and pay the assessments applicable once per year. This also serves as protection for the domestic employer who may then not be sued by their employee(s) and employees are covered for all injuries or diseases exposed to at their place of work.
What records must be kept for domestics?
Personal details, copy of their Identity Document (alternatively Passport and Work Permit), next of kin details, hours worked, and any other relevant information.
Can an Inspector from the Department of Employment and Labour enter my home to verify the status of my domestic worker?
Yes, with reasonable notification, all Labour Inspectors are authorised to enter your home, complex or estate after satisfying you with their appropriate identification cards. Outright refusal may lead to unwanted “reaction”.
How do I make sure that I comply with all the requirements?
By choosing to join Bee Domestic Wise, and we will ensure that you comply with all requirements of all labour laws and protect your most valuable asset – your home!
You can focus on your family and have the peace of mind that all is place and need not worry of about anything required administration – we are a phone-call or a browse on your phone away.
Use the Contact Page, join us at a minimal monthly fee and we will ensure that you remain fully compliant and free of any risks as far the employment of domestics are concerned – we will respond to all your queries and questions.
Legislation
Basic Conditions of Employment Act, (BCEA) Act 75 of 1997
- To give effect to the right to fair labour practices referred to in section 23(1) of the Constitution by establishing and making provision for the regulation of basic conditions of employment; and thereby to comply with the obligations of the Republic as a member state of the International Labour Organisation; and to provide for matters connected therewith.
Sectoral Determination 7: Domestic Workers
- Specific rules and regulations for the domestic worker sector in terms of the BCEA.
National Minimum Wage Act, (NMWA) Act 9 of 2018
- The current National Minimum Wage for each domestic employee is R 27.58 per hour!
Unemployment Insurance Act, (UIA), Act 63 OF 2001
- To establish the Unemployment Insurance Fund; to provide for the payment from the Fund of unemployment benefits to certain employees, and for the payment of illness, maternity, adoption and dependents’ benefits related to the unemployment of such employees; to provide for the establishment of the Unemployment Insurance Board, the functions of the Board and the designation of the Unemployment Insurance Commissioner; and to provide for matters connected therewith.
Unemployment Insurance Contributions Act, (UICA), Act 4 of 2002
- To provide for the imposition and collection of contributions for the benefit of the Unemployment Insurance Fund; and to provide for matters connected therewith.
Compensation for Occupational Injuries and Diseases Act, (COIDA), Act 30 of 1993
- The Compensation for Occupational Injuries and Diseases Act 130 of 1993 intends: to provide for compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees in the course of their employment, or for death resulting from such injuries or diseases; and to provide for matters connected therewith.
Labour Relations Act, (LRA), Act 66 of 1995
- The Labour Relations Act 66 of 1995 intends: to change the law governing labour relations and, for that purpose-
- to give effect to section 27 of the Constitution;
- to regulate the organisational rights of trade unions;
- to promote and facilitate collective bargaining at the workplace and at sectoral level;
- to regulate the right to strike and the recourse to lockout in conformity with the Constitution;
- to promote employee participation in decision-making through the establishment of workplace forums;
- to provide simple procedures for the resolution of labour disputes through statutory conciliation, mediation and arbitration (for which purpose the Commission for Conciliation, Mediation and Arbitration is established), and through independent alternative dispute resolution services accredited for that purpose;
- to establish the Labour Court and Labour Appeal Court as superior courts, with exclusive jurisdiction to decide matters arising from the Act;
- to provide for a simplified procedure for the registration of trade unions and employers’ organisations, and to provide for their regulation to ensure democratic practices and proper financial control;
- to give effect to the public international law obligations of the Republic relating to labour relations;
- to amend and repeal certain laws relating to labour relations; and
- to provide for incidental matters.
Legal Support
Our Legal Support service provides expert guidance and assistance with any legal issues related to domestic employment. Whether it’s drafting employment contracts, resolving disputes, or understanding labour laws, we offer comprehensive support to ensure your legal rights are protected. With our experienced team by your side, you can navigate any legal challenges confidently and effectively.
Custom Solutions
Our Custom Solutions service is designed to meet your unique needs as a domestic employer. Whether you require specialized training, tailored documentation, or specific support, we are here to create personalized solutions that align with your individual requirements. Our team is dedicated to understanding your concerns and developing customized strategies to address them effectively, providing you with peace of mind and confidence in your domestic employment arrangements.