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

1. Employing Domestic Workers
in South Africa
All you need
to know
about…

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. May 2014 "People Management Simplified" 3
Definitions
“Domestic workers” include:
• Chefs/Cooks;
Employing Domestic Workers in South Africa

4. May 2014 "People Management Simplified" 4
Definitions
“Domestic workers” include:
• Chefs/Cooks;
• Chauffeurs/Drivers;
Employing Domestic Workers in South Africa

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Definitions
“Domestic workers” include:
• Chefs/Cooks;
• Chauffeurs/Drivers;
• Butlers;
Employing Domestic Workers in South Africa

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Definitions
“Domestic workers” include:
• Chefs/Cooks;
• Chauffeurs/Drivers;
• Butlers;
• Housekeepers;
Employing Domestic Workers in South Africa

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Definitions
“Domestic workers” include:
• Chefs/Cooks;
• Chauffeurs/Drivers;
• Butlers;
• Housekeepers;
• Gardeners;
Employing Domestic Workers in South Africa

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. 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

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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

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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

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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

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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

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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

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 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

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 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

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 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

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Do you comply with the above?
If not, you are at risk!
Employing Domestic Workers in South Africa

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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

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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

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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

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Thank you for your time
We look forward to being of service to you
Employing Domestic Workers in South Africa