All you need to know about employing Domestic workers in South Africa

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Overview of the legal requirements applicable to the employment of domestic workers in South Africa

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All you need to know about employing Domestic workers in South Africa

  1. 1. Employing Domestic Workers in South Africa All you need to know about…
  2. 2. May 2014 "People Management Simplified" 2 Definitions “Domestic employers” are private individuals who employ Domestic workers to provide services at their residences. Employing Domestic Workers in South Africa
  3. 3. May 2014 "People Management Simplified" 3 Definitions “Domestic workers” include: • Chefs/Cooks; Employing Domestic Workers in South Africa
  4. 4. May 2014 "People Management Simplified" 4 Definitions “Domestic workers” include: • Chefs/Cooks; • Chauffeurs/Drivers; Employing Domestic Workers in South Africa
  5. 5. May 2014 "People Management Simplified" 5 Definitions “Domestic workers” include: • Chefs/Cooks; • Chauffeurs/Drivers; • Butlers; Employing Domestic Workers in South Africa
  6. 6. May 2014 "People Management Simplified" 6 Definitions “Domestic workers” include: • Chefs/Cooks; • Chauffeurs/Drivers; • Butlers; • Housekeepers; Employing Domestic Workers in South Africa
  7. 7. May 2014 "People Management Simplified" 7 Definitions “Domestic workers” include: • Chefs/Cooks; • Chauffeurs/Drivers; • Butlers; • Housekeepers; • Gardeners; Employing Domestic Workers in South Africa
  8. 8. May 2014 "People Management Simplified" 8 Definitions “Domestic workers” include: • Chefs/Cooks; • Chauffeurs/Drivers; • Butlers; • Housekeepers; • Gardeners; • Au Pairs/Nannies; Employing Domestic Workers in South Africa
  9. 9. May 2014 "People Management Simplified" 9 Definitions “Domestic workers” include: • Chefs/Cooks; • Chauffeurs/Drivers; • Butlers; • Housekeepers; • Gardeners; • Au Pairs/Nannies; and • Caregivers, Employing Domestic Workers in South Africa
  10. 10. May 2014 "People Management Simplified" 10 Definitions “Domestic workers” include: • Chefs/Cooks; • Chauffeurs/Drivers; • Butlers; • Housekeepers; • Gardeners; • Au Pairs/Nannies; and • Caregivers, and may refer to a single employee or more than one. Employing Domestic Workers in South Africa
  11. 11. May 2014 "People Management Simplified" 11 Legal Framework The following legislation prescribes the terms and conditions applicable to the employment of domestic workers:- Basic Conditions of Employment Act Sectoral Determination #7 – Domestic Workers Labour Relations Act Unemployment Insurance Act Unemployment Insurance Contribution Act Income Tax Act Employing Domestic Workers in South Africa
  12. 12. May 2014 "People Management Simplified" 12 The Risk Failure to comply with the legislation is a criminal offence that could result in penalties of up to R10000.00 or three years in jail, or both, and the possibility of costly legal challenges through the CCMA! Employing Domestic Workers in South Africa
  13. 13. May 2014 "People Management Simplified" 13 The Risk Currently almost 10% of matters referred to the CCMA relate to domestic workers, of which about 65% are decided in favour of the employee, with an average settlement of three months salary! Employing Domestic Workers in South Africa
  14. 14. May 2014 "People Management Simplified" 14 The Risk Settlement could be as high as 12 month’s salary for “unfair” labour practices, and 24 month’s for “automatically unfair” labour practices! Employing Domestic Workers in South Africa
  15. 15. May 2014 "People Management Simplified" 15  Minimum wage rates are prescribed annually and must be adhered to;  Employees must be registered with the authorities for P.A.Y.E. and U.I.F. where applicable. These statutory deductions must be recovered and submitted to the authorities on a monthly basis;  The employment relationship must be formalised using a written agreement between the parties. The terms and conditions applicable to the employment must be specified. Certain minimum content is prescribed, and changes must be recorded in writing;  The employee must have a job description describing the duties that they are required to perform, and this may not be changed unilaterally;  Working hours and rest times are regulated;  The employee is required to record their time worked on a daily basis using an attendance register; In terms of current legislation, the following is mandatory for Domestic employers - 1 Employing Domestic Workers in South Africa
  16. 16. May 2014 "People Management Simplified" 16  The employee must receive a payslip describing the wages paid. Certain minimum content is prescribed;  Non-statutory deductions may only be made from the employee’s wages under certain conditions;  No penalties may be applied, nor may deductions be made for accidental breakages or damage;  Annual leave, Sick leave, Maternity leave and Family Responsibility leave are regulated, and records of all leave taken must be retained;  Regulations apply to termination, severance and notice periods;  Disciplinary action taken against an employee must comply with the prescribed processes;  Protective clothing and equipment must be provided under certain circumstances; In terms of current legislation, the following is mandatory for Domestic employers - 2 Employing Domestic Workers in South Africa
  17. 17. May 2014 "People Management Simplified" 17  Conditions apply where accommodation is provided for an employee;  All documentation relating to an employment must be retained for a period of five years following the termination of the employee’s service; and  Copies of the Sectoral Determination for Domestic Workers and the Basic Conditions of Employment Act must be readily available for the employee’s reference. In terms of current legislation, the following is mandatory for Domestic employers - 3 Employing Domestic Workers in South Africa
  18. 18. May 2014 "People Management Simplified" 18 Do you comply with the above? If not, you are at risk! Employing Domestic Workers in South Africa
  19. 19. May 2014 "People Management Simplified" 19 Relax! We have the Solution! Domestic Worker Administration Services is able to assist you to comply with the legislation as we offer affordable, high quality, legally compliant and reliable solutions comprising a selection of Human Resources, Labour Relations and Payroll options. Employing Domestic Workers in South Africa
  20. 20. May 2014 "People Management Simplified" 20 We offer 4 options to satisfy your requirements Option 1: Once-off provision of a “DIY Domestic Worker Administration Pack” for those employers who wish to do the administration of their Domestic Workers themselves Option 2: Once-off provision of Employment contract and Job Description, with optional Workplace Rules (Code of Conduct) Option 2: Recurring provision of full Administration and Management Services Option 4: Recurring provision of Payroll Services Employing Domestic Workers in South Africa
  21. 21. May 2014 "People Management Simplified" 21 Act now! Visit our website www.domestic.paym.co.za to learn how we can assist you Alternatively Submit your query by e-mail to info@domestic.paym.co.za and we will contact you to discuss your requirements Or Call George on 082 572 0644 or 041 452 3702 Employing Domestic Workers in South Africa
  22. 22. May 2014 "People Management Simplified" 22 Thank you for your time We look forward to being of service to you Employing Domestic Workers in South Africa

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