Page 14 - Dainfern Precinct Living Issue 6 July 2024

EMPLOYMENT OF DOMESTIC

WORKERS: GUIDELINES

South African Labour Laws govern the Employer/Employee relationship between you as Employer and your domestic worker. In particular,
a document called ‘Sectoral Determination 7: Domestic Worker Sector, South Africa, applies. This regulates your employment relationship
and all aspects surrounding it such as remuneration and leave.

The table below sets out important provisions*:

Minimum Wage R27-58 per hour, effective 1 March 2024.

Maximum Hours per week 45 hours (Maximum 9 hours per day if working 5 days a week; Maximum 8 hours per day if working
more than 5 days a week).

Overtime 1,5 times the hourly rate of pay.
Sunday overtime is 2 times the hourly rate of pay.

Payslip A payslip is to be provided to a domestic worker on payday.

Deductions allowed • 1% of remuneration towards UIF Contribution
• Medical insurance
• Savings
• Pension or Provident fund
• Trade union subscription
• Order of account payment to a registered financial institution
• Rentals
• Loan or advance (not more than 10% of total wage).

Deductions not allowed • Amount greater than the actual remuneration received
• Breakages (crockery, electrical appliances etc.)
• Damages (Ironing)
• Meals provided during working time
• Clothing
• Training of domestic worker.

Employment contract A contract of employment is required, including the following:
• Full name and address of the employer
• Name and occupation of the domestic worker or a brief description of work
• Addresses of various places of work
• Date on which employment began
• Ordinary hours of work and days of work
• Wage or the rate and method of payment
• The rate of pay for overtime work
• Any other cash payments
• Any payment in kind and the value thereof
• How frequently wages will be paid
• Any deductions
• Leave entitlement
• The period of notice to terminate employment; or if employment was for a specific period, the
date when employment is terminated.

Leave A domestic worker is entitled to annual leave (3 weeks per annual leave cycle), sick leave (number
of days worked in 6 week cycle, over three years), family responsibility leave (3 days per year) and
maternity leave (4 months).

Termination Either party can terminate the employment agreement with one week’s notice during the first six
months of employment and with four weeks’ notice thereafter. Ensure you are aware of provisions
relating to misconduct or disciplinary issues which requires that a process is followed.

*This is provided as guidance or information purposes only. It is not to be considered as legal advice. Where applicable, legal advice
should be sought for consideration of specific facts.

12 DPL issue 6 2024