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The basics,

The department of labour has now regulated the domestic employment sector. This means that your cleaner, gardener, child minder or any other form of Domestic Employee discussed in “who is an employee“, has very clear, defined rights through their employment with you.
With the ease of access to the CCMA, the fact that the department of labours inspectors are checking more and more households and above all, it is law, it makes no sense to not be compliant. I have time and time again had frantic calls from people who have received an “invitation” to the CCMA laid by an employee, arrived and had to settle because they were not compliant with the basic conditions. Whether justified or not, if you are not in line with the law chances are you will lose. Having a formal agreement, apart from a requirement, manages expectations and protects all parties involved.
The BCEA requires that if you employ a Domestic employee, a written agreement must be concluded before the first day of work. Should you be in a situation where you have employees already working without an agreement, please read Implementing agreements for existing staff.

 
Some of the rights prescribed include;

  • Not be required to work more than 15 hours of overtime in any week. Any overtime worked must be remunerated with additional pay or leave.
  • Must be given a meal break of at least 30 minutes after every 5 hours of continuous work.
  • No deductions may be made from a domestic worker’s pay for breakages, work clothing or meals provided. If accommodation is provided, no more than 10% of the worker’s monthly salary may be deducted as an accommodation allowance.
  • A payslip on payday stating employee’s details, the ordinary and overtime hours worked during the payment period, the applicable rate of remuneration and any deductions made by the employer.
  • Can only be asked to work on a public holiday if there is a written agreement allowing for this. Such work must be remunerated by double pay
  • All domestic employees are entitled three weeks per year/or 1 day for 17 days worked/1 hour for 17 hours worked as leave.
  • If a public holiday falls on a day on which a domestic worker would usually work, the employer must pay the domestic worker for the day, even if the domestic worker doesn’t work that day.
  • Prescribed minimum wages.

The agreement should also set out duties, leave types, notice periods, hours and place of work, wages and any other areas that may be required by the LRA or related acts.

For further advise or support on this please email [email protected]