Working conditions of domestic workers are regulated by a sectoral determination and the Labour Relations Act. (See: Sectoral Determinations)

Notice Period and Termination of Employment

Any party to an employment contract must give written notice as follows (except when an illiterate employee gives it):

• One week – if employed for 6 months or less
• Four weeks – if employed for more than 6 months

Notice must be explained verbally by or on behalf of the employer to a domestic worker if he/she is not able to understand it.

If the domestic worker lives in accommodation provided by the employer then the employer must give him/her one month’s notice to leave the accommodation or until the contract of employment could lawfully have been terminated.

All money that is owing to the domestic worker for example, wages, allowances, pro rata leave and paid time-off not taken, must be paid.

An employer who has to dismiss an employee due to a change in his/her economic, technological, or structural set-up (called operational requirements in the determination) is responsible for severance pay to the employee.

Procedure for Terminating Employment

A domestic worker’s contract of employment may not be terminated unless a valid and fair reason exists and a fair procedure is followed. If an employee is dismissed without a valid reason or without a fair procedure, the employee can refer the case to the CCMA.

If a domestic worker cannot return to work because of a disability, the employer must investigate the nature of the disability and decide whether or not it is permanent or temporary. The employer must try to change or adapt the duties of the employee to accommodate the employee as far as possible. But, if it is not possible for the employer to change or adapt the duties of the domestic worker then the employer can terminate his/her services.

The Labour Relations Act sets out the procedures that must be followed when a person’s services are terminated.

Wage/Remuneration/Payment

All employers of domestic workers throughout South Africa have to pay their employees a minimum wage of R23.19 per hour. 

Guaranteed Minimum Rate

Some domestic workers might work less than 4 hours per day. If this is the case, he/she should be paid for 4 hours worked.

Annual Increase

Wages will go up by 8% in November of every year. Wage increases are published by the Department of Labour.

Calculating the Minimum Wages

Employers who cannot afford to pay the minimum wage can choose to reduce the number of hours to be worked instead of retrenching the employee. However, it is against the law to pay less than the minimum hourly rate. If an employer pays more than the prescribed hourly rate, they cannot reduce the rate because it will be an unfair labour practice.

Example:

Calculating a Domestic Worker’s Wage

Sarah is a domestic worker who works 6 hours a day from Monday to Friday for an employer who lives in Soweto. What is the minimum rate that Sarah can be paid according to the Sectoral Determination for domestic workers?

6 hours per day x 5 days

= 30 hours worked per week

She must be paid at the rate prescribed.

30 hours per week x R23.19

= R695.70 for 30 hours per week

Additional payments (such as for overtime or work on Sundays or Public holidays) are calculated from the total remuneration.

Transport Allowance

The Sectoral Determination does not regulate transport so it is open to negotiation between the parties.

Hours of Work

Normal Hours (Excluding Overtime)

A domestic worker may not work more than:

• 45 hours per week
• 9 hours per day for a 5-day work-week
• 8 hours a day for a 6-day work-week

Overtime

Overtime is voluntary and a domestic worker may not work more than:

• 15 hours overtime per week, and
• 12 hours on any day, including overtime.

Overtime is paid at one and a half times the employee’s normal wage or an employee may agree to take paid time off.

Daily and Weekly Rest Periods

A domestic worker is entitled to a daily rest period of 12 consecutive hours (hours in a row) and a weekly rest period of 36 consecutive hours, which must include Sunday, unless otherwise agreed.

The daily rest period can be reduced to 10 hours if the parties agree and if the employee lives on the premises and takes a meal interval that lasts for at least 3 hours.

The weekly rest period can by agreement be extended to 60 consecutive hours every two weeks or be reduced to 8 hours in any week if the rest period in the following week is also extended.

Standby

Standby means any period between 8 p.m. and 6 a.m. when a domestic worker might need to be at the workplace and is allowed to rest or sleep but must be available to work if necessary.

This may only be done if the parties have agreed in writing and not more than 5 times per month.

An employer must pay a domestic worker for any time worked in excess of three hours during any period of stand-by. The employee must be paid at the normal overtime rate or given paid time-off.

Night Work

• Night work means work performed after 6 p.m. and before 6.a.m.
• Night work is allowed only if the domestic worker has agreed to this in writing. The employee must be compensated by an allowance of at least 10% of the ordinary daily wage.

Meal Intervals

A domestic worker is entitled to a one-hour break for a meal after five hours continuous work. The interval may be reduced to 30 minutes by agreement. When a second meal interval is required because of overtime worked, it may be reduced to not less than 15 minutes. If an employee has to work through his or her meal interval, then they must be paid for this.

Work on Sundays

Work on Sundays is voluntary and a domestic worker cannot be forced to work on a Sunday.

A domestic worker who works on a Sunday must be paid double the daily wage.

If the employee ordinarily works on a Sunday he/she should be paid one and a half times the wage for every hour worked. If the parties agree, the employee can be paid by giving her/him time off of one and a half hours for each overtime hour worked.

Public Holidays

Domestic workers are entitled to all the public holidays in the Public Holidays Act but the parties can agree to other public holidays. Work on a public holiday is voluntary which means a domestic worker may not be forced to work.

The official public holidays are:

Where the government declares an official public holiday at any other time then this must be granted. The days can be exchanged for any other day by agreement.

If the employee works on a public holiday he/she must be paid double the normal day’s wage.

Annual Leave

Full time domestic workers are entitled to 3 weeks leave per year. If the parties agree they can take leave as follows: 1 day for every 17 days worked or one hour for every 17 hours worked.

The leave must be given not later than 6 months after completing 12 months of employment with the same employer. The leave may not be given at the same time as sick leave, nor at the same time as a period of notice to terminate work.

Sick Leave

During the first six months of employment, an employee is entitled to one day’s paid sick leave for every 26 days worked.

During a sick leave cycle of 36 months, an employee is entitled to paid sick leave that is equal to the number of days the employee would normally work during a period of 6 weeks.

The employer does not have to pay an employee if the employee has been absent from work:

• For more than two days in a row, or
• on more than two occasions during an 8-week period and does not produce a medical certificate stating that he/she was too sick or injured to work. The certificate can be from a doctor, a traditional healer or a qualified nurse.

Maternity Leave

A domestic worker is entitled to up to 4 consecutive months maternity leave.

The employer does not have to pay the employee for the period for which she is off work due to her pregnancy. However the parties may agree that the employee will receive part of her whole wage for the time that she is off. The mother can also claim maternity benefits from UIF for the full four months.

Family Responsibility Leave

Employees who have been employed for longer than 4 months and for at least 4 days a week are entitled to take 3 days paid family responsibility leave during each leave cycle in the following circumstances:

• When the employee’s child is born
• When the employee’s child is sick
• If any one of the employee’s relations dies: a spouse or life partner; a parent, adoptive parent or grandparent; a child, adopted child or grandchild; a brother or sister

Deduction from the Remuneration

An employer is not allowed to deduct any monies from the employee’s wages without his/her written permission.

There can be a deduction of no more than 10% for accommodation if the accommodation:

• Is weatherproof and generally kept in good condition
• Has at least one window and door, which can be locked
• Has a toilet and bath or shower, if the domestic worker does not have access to any other bathroom.

Other Issues

Other issues that are not dealt with in the Sectoral Determination include:

• Probationary periods
• Right of entry to the employer’s premises
• Afternoons / weekends off
• Pension schemes
• Medical aid
• Training / school fees
• Funeral benefits / saving accounts

These can all be negotiated between the parties and included in the contract of employment.

Prohibition of Employment

No one under the age of 15 can be required or permitted to work.

Other Conditions of Employment

There is no provision which prevents other conditions of employment being included in a contract of employment but any new conditions may not be less favourable than those set by the Sectoral Determination.

General Administrative Requirements

The Sectoral Determination states that employers must comply with the following administrative processes:

• Provide employees with a written contract of employment
• Payment must be made in a sealed envelope, by cash or cheque, and must include a detailed payslip. The employer must keep copies of these payslips for 3 years.

(See www.labour.gov.za and click on Sectoral Determination for domestic employees for more information.)