Domestic Workers Wages, Hours, UIF etc
FAQs
Subscription
What is the contract period with YesDomestic?
The contract period is a minimum period of 12 months.
What happens if the employment
contract is terminated before my 12 month subscription?
If the employment relationship seizes within the 12 months period then you will be required to give the following notice:... Read more
- Between 6 – 8 months, 3 months notice
- Between 8 – 10 months, 2 months notice
- Between 10-12 months, 1 month notice
What happens if I pay more than 1 domestic workers wages?
YESDomestic allows you to add additional domestic workers to your online portal. The minimum contract period for the additional domestic worker will also be 12 months at an extra cost of R55 per month, per worker.
What happens if I replace my domestic worker?
You will receive a new contract for the domestic worker and a new profile will be generated in our online portal.
Descriptions
Who are classified as domestic workers?
A Domestic Worker refers to any employee who performs domestic work in the home of his or her employer, but does not include a domestic worker employed in relation to a farm, and includes:... Read more
- a gardener
- a person employed by a household as a driver of a motor vehicle
- a person who takes care of children, the aged, the sick, the frail or the disabled, but does not include a farm worker
Which laws apply to Domestic Workers and Employers of Domestic Workers?
Basic Conditions of Employment Act as amended, Unemployment Insurance Fund Act as amended, Labour Relations Act as amended and Sectoral Determination 7 – Domestic Workers. ... Read more
Sectoral Determination 7 – Domestic Workers applies to all domestic workers in the Republic of South Africa including domestic workers employed or supplied by employment services and domestic workers employed as independent contractors.
However, it does not apply to domestic workers employed on farms on which employees performing agricultural work are employed.
Working Hours
What are the maximum normal working hours for a Domestic Worker?
Legally an employer may not permit a domestic worker to work more than:... Read more
- 45 hours in any week; and
- More than nine hours a day if the domestic worker works for five days a week or less; or
- More than eight hours a day if the domestic worker works for more than five days in a week.
Can a Domestic Worker be required to work on a Saturday as part of her normal hours?
Yes, however the total working hours for the week may not exceed 45 hours for the week. A domestic workers wages must reflect the hours contributed.
If the normal working hours exceed 45 hours in the week, how do I remunerate my Domestic Workers wages?
Any working hours exceeding the 45 hours in the week must be remunerated at an overtime rate of 1.5x their normal hourly rate. The payslip must reflect a domestic workers wages at both the normal and overtime rate.
Can I require my Domestic Worker to work overtime?
If a prior written agreement has been put in place between the employer and the domestic worker you may require or permit your... Read more
- to work a maximum of 15 hours’ overtime a week; or
- to work no more than 12 hours, including overtime, on any day.
How long must the lunch time be?
An employer must give a domestic worker who works continuously for more than five hours a meal interval of at least one continuous hour.... Read more
However, an agreement in writing may reduce the meal interval to not less than 30 minutes;
An employer may dispense with a meal interval for a domestic worker who works fewer than five hours on a day.
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Work On Sundays
Can I require that my Domestic
Worker works on a Sunday?
Yes, it may be required that a Domestic Worker works on a Sunday as ordinary hours of work in which case the employer must pay the Domestic Worker... Read more
Where a Domestic Worker works on a Sunday which is not a normal working day then the employer must pay the Domestic Worker at double the domestic worker’s wage for each hour worked.
However, if the payment calculated as per the above, is less than the domestic worker’s daily wage, the employer must pay the domestic worker, for the time worked on that Sunday, the domestic worker’s daily wage.
Can I require that my Domestic Worker do babysitting when my wife and I goes out or have visitors?
Yes, on condition that there is an agreement in writing and the Domestic Worker is compensated by the payment of an agreed upon allowance.... Read more
If the domestic worker does not reside at the workplace then transport must be made available between the worker’s place of residence and the workplace at the beginning and end of the shift.
Termination Of Employment
How much notice must I give my
Domestic Worker when I want to terminate their services?
A contract of employment only on notice if not less than:... Read more
- one week, if the domestic worker has been employed for six months or less;
- four weeks, if the domestic worker has been employed for more than six months.
- The employer and domestic worker may agree to a longer notice period, but the agreement may not require or permit a domestic worker to give a period of notice longer than that required of the employer.
Retirement
When can or should my Domestic Worker retire?
Retirement of Domestic Workers is not regulated by Law and therefore, it is important to stipulate in an employment contract.
If my Domestic Worker wants to go on retirement, should he/she inform me
in writing?
Yes indeed. Notice of termination of contract of employment must be given in writing except when it is given by an illiterate domestic worker.
UIF – Unemployment Insurance Fund
When do I have to register my Domestic Worker for UIF?
When your Domestic Worker works 24 hours or more per month then you have to register yourself as an Employer of the Domestic Worker and also register your Domestic Worker.
How do UIF contributions and
deductions work?
The Employer must deduct 1% of the Domestic Worker’s gross salary and then match that amount and pay it over to the UIF.... Read more
Example – if her gross is R3500 then the UIF to be deducted is R35 and then the Employer must contribute the same amount i.e. R35 and therefore paying a total of R70 to the UIF.
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