In South Africa, 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 people are unaware of this fact, and some mistakenly believe that employing foreign workers exempts them from complying with domestic employment laws. However, the truth is far from it.
Non-compliance can lead to severe penalties and legal repercussions, including hefty fines and negative outcomes at the Commission for Conciliation, Mediation and Arbitration (CCMA). Stuart MacGregor, expert labour law practitioner and Ex Officio Official at (SA)UEO, sheds light on the crucial duties and rights of domestic employers.
Q: Who does the law regard as a domestic worker?
A: A domestic worker encompasses individuals providing services within private households, including cleaners, gardeners, and caregivers for children, the elderly, or the sick and disabled.
Q: What are the consequences of non-compliance with labour laws?
A: 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 Commission for Conciliation, Mediation and Arbitration (“the CCMA”) and you are found guilty of unfair labour practices, the worker may be awarded financial compensation.
Q: Must I provide my domestic worker with an employment contract and job description?
A: Yes, it’s mandatory to furnish domestic workers with employment contracts and job descriptions if they work 24 hours or more monthly, ensuring transparency and clarity regarding roles and responsibilities.
Q: What records should I keep for my domestic worker?
A: Employers must maintain records containing essential employee information, including their ID, occupation, hours worked, remuneration, and contact details. When the employee no longer works for you, you must retain these records for at least three years thereafter.
Q: Do I need to provide my domestic worker with a pay slip?
A: Yes, in accordance with Sectoral Determination 7 of the law, employees must receive pay slips containing relevant salary information on each payday.
Q: Must I register my domestic worker for UIF and workman’s compensation?
A: Yes, the moment the employee works for you for 24 hours or more per month, they must be registered for both UIF and workmen’s compensation, providing protection in case of unemployment and work-related injuries or illnesses.
Q: Are domestic workers entitled to leave pay?
A: Yes, all domestic workers are entitled to leave specified types of leave pay. If it is general leave, for example, it is calculated on the basis of one day’s leave for every 17 days worked, regardless of the number of days worked per week.
Q: Can a labour inspector enter my home to verify my domestic worker’s employment status?
A: Yes, upon reasonable notification, authorised labour inspectors may enter your home, even if it is in a complex or estate.
Additional duties towards foreign domestic workers.
Q: How can the employer mitigate the risks of employing a foreigner?
A: At the time of employment:
- Obtain proper original passport and work permit
- Verify the validity of the documents
- Confirm the expiry date of the passport and work permit
- Take note that these documents must be renewed prior to the expiry date
- Provide a contract of employment with a specific clause to cover the timeous renewal of the work permit
Q: How does the renewal of a current work permit work?
A: In cases where your domestic worker has a valid, renewable work permit, he or she does not have to return to the country of origin and the renewal can be done locally. The renewal application must however be done before the current work permit expires.
The way forward.
Understanding your duties and rights as a domestic employer is paramount for fostering a fair and just working environment. By adhering to legal requirements and ensuring transparent employment practices, employers can protect their own safety and rights as well as that of their domestic workers.
It is also crucial to be part of a collective that advocates for the rights of employers. Just as employees join trade unions to advocate for their rights, employers can benefit from joining an employers’ organisation too. Being part of such a collective “voice” is especially important during sectoral determinations, which is basically where terms and conditions of employment, along with minimum wages, are determined.
(SA)UEO offers a unique, bespoke membership category specifically for domestic employers for just R70 per month (plus VAT). Members gain access to group CCMA cover, a wealth of resources and support to effortlessly meet their legal obligations and enhance worker protection and empowerment. For more info, email domestics@saueo.co.za or visit www.saueo.co.za.