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DOMESTIC EMPLOYMENT

 

WHAT YOU NEED TO KNOW WHEN EMPLOYING A DOMESTIC WORKER

  • Familiarize yourself with domestic workers' rights and your obligations, such as the minimum wage and increases. A domestic worker employed for more than 24 hours a month is also entitled to a night allowance, annual leave and overtime.
  • The employer and domestic worker need to sign a letter of appointment or employment contract. This should contain a brief job description, rate of pay, leave, place of work and the notice period in case of termination.
  • Register your domestic worker for UIF. If not, you as an employer could pay a penalty calculated as a percentage of the total contributions due. You may also be liable for interest from the date that the contributions first became due.
  • A domestic worker dismissed for failing to meet an employer's operational requirements is entitled to severance pay equal to at least one week's full pay for each completed year of continuous service.
  • The notice period for termination is one week if employed for six months or less and four weeks if employed more than six months.
  • If the domestic worker works less than 24 hours a month, only the provisions related to the minimum wage and annual increase apply.
  • Domestic workers are entitled to at least three weeks' annual leave with full pay, or, if agreed by both parties, one day for every 17 days worked or one hour for every 17 hours worked.

Payment on Termination

On termination of employment the employer must pay a worker all monies due to the worker-

  • wages
  • allowance or other payments

 

Certificate of Service

 

On termination of employment, workers are entitled to a certificate of service.
The certificate of service must state-

  • domestic worker’s full name
  • name and address of the employer
  • date of commencement and termination of employment
  • title of job and brief description of work
  • pay received at termination
  • reason for termination (if requested by the worker)

WHAT SERVICES DO WE OFFER YOU

Ø  Drafting Contract between the employee and employer

Ø  We can assist you with Legal forms i.e. leave application, warning letters etc.

Ø  Disciplinary Hearings etc



 
     
LABOUR LAW SERVICES
How to choose a Labour Expert
Labour Law Advice
Disciplinary Hearings Advice and Representation
Family Responsibility Leave
CCMA Representation
Domestic Workers
Maternity Leave
Labour Dispute Resolution
HR Services and Advice
Retrenchment Advisory Services
Credit Checks and Verifications


Newsletter/Blog
  • How to Retrench.pdf
  • Legal Representation at Hearings.pdf
  • Newsletter 1.pdf
  • Retrenchment.pdf
  • Leave.pdf
  • Strikes.pdf
  • Contracts.pdf
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