Page 15 - 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 UIF REGISTRATIONS:
and all aspects surrounding it such as remuneration and leave.

The table below sets out important provisions*:
THE INS AND OUTS
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. Any employee, including a domestic worker or gardener who UIF Connect will ensure that you are registered
works for you for more than 24 hours per month must be immediately, and your UIF Registration number will
Payslip A payslip is to be provided to a domestic worker on payday. registered with the Unemployment Insurance Fund (UIF). be placed on your profile in the member Portal. For
the duration of the domestic worker contract, 2%
Deductions allowed • 1% of remuneration towards UIF Contribution In brief, the process involves: of the workers earnings must be paid over to the
• Medical insurance
• Savings UIF Fund. This 2% is made up by deducting 1% of
• Pension or Provident fund • Creating a Ufiling Profile on www.ufiling.co.za. remuneration from the employee and 1% being paid
• Trade union subscription • Registering yourself as an employer. by you as employer.
• Order of account payment to a registered financial institution • Register the domestic worker or gardener as an employee.
• Rentals • Back dating all declarations of salary from employment For assistance contact UIF Connect on:
• Loan or advance (not more than 10% of total wage).
start date. employers@uifconnect.co.za
Deductions not allowed • Amount greater than the actual remuneration received info@uifconnect.co.za
• Breakages (crockery, electrical appliances etc.) When you employ a worker who works 24 hours or more per T: 063 639 4314 (from 9:00 – 15:00 weekdays)
• Damages (Ironing) month, you are obliged to register yourself as an employer.
• Meals provided during working time Subsequently, you will also need to register your worker as
• Clothing your employee.
• Training of domestic worker.

Employment contract A contract of employment is required, including the following: UIF for domestic workers is a statutory requirement which
• Full name and address of the employer must be honoured, both for the transparency of your
• Name and occupation of the domestic worker or a brief description of work working relationship and the protection of workers’ rights.
• Addresses of various places of work A domestic worker is a gardener, driver or person who looks
• Date on which employment began
• Ordinary hours of work and days of work after children, the aged, sick, frail or disabled in a private
• Wage or the rate and method of payment household, but not on a farm.
• 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.

DPL issue 1 2024 17
12 DPL issue 6 2024 DPL issue 6 2024 13