An estimated 1.5 million workers in South Africa are classified as domestic workers. But do you, as an employer or as a domestic worker, know your rights? According to the Unemployment Contributions Act 4
of 2002, a domestic worker is a gardener, driver or person that looks after children, the aged, sick, frail or disabled in a private household, excluding a farm.
An estimated 1.5 million workers in South Africa are classified as domestic workers. But do you, as an employer or as a domestic worker, know your rights? According to the Unemployment Contributions Act 4
of 2002, a domestic worker is a gardener, driver or person that looks after children, the aged, sick, frail or disabled in a private household, excluding a farm.
The Domestic Workers Act ensures that all domestic workers, including part-time workers, are looked after in accordance to the Basic Conditions of Employment Act.
Makana Municipality falls under what this Act would classify as an urban area, where the minimum wage for workers working 27 or more hours per week is R1 442. 86 per month or an hourly rate of R7.40.
If the person you are employing is working less than 27 hours per week, an hourly rate of R8.74 applies. Similarly, for those who work in non-urban areas for 27 hours or more, R1 191.78 is the minimum wage, or an hourly rate of R6.11.
If they are employed for less than 27 hours, the employer must pay them R7.22 per hour. These rates have been in effect since 1 December 2009, and are due to increase on 1 December this year.
As the engagement between worker and employer includes an exchange of a service, a formal business contract is required in order to protect both parties should a dispute arise.
A contract of this kind should generally include the hours of employment, wages and leave terms and both parties should retain a copy of this contract.
The South African Department of Labour (http://www.labour.gov.za/DOL) provides an example of such a contract which is available online free of charge.
Employers should also be aware that they are required, by law, to register their employees with the Unemployment Insurance Fund (UIF).
The general feeling among some domestic workers in Grahamstown is that the law is being properly implemented and is protecting their rights as workers.
Macy Netjies, a domestic worker, says her current and previous employers both ensured that she was registered with the UIF.
Another worker who preferred anonymity said although she has only been employed for a short while, she has not come across any problems regarding her rights as an employee.
