Who is a Domestic Worker?

A domestic worker is a gardener, driver or person who looks after children, the aged, sick, frail or disabled in a private household, but not on a farm. This is the view taken in the Unemployment Insurance Contributions Act, 2002 (Act No. 4 of 2002).

The Domestic Workers' Act

The Domestic Workers' Act sets out minimum wages for domestics and specifies working conditions such as hours of work, overtime pay, salary increases, deductions, annual and sick leave.

This legislation also lists the urban areas (classified as A Areas) where one minimum wage applies. A second minimum wage applies to domestic workers in non-urban areas (B Areas).

 To whom does the Domestic Workers Act apply?

To the estimated 1 to 1.5 million workers in the country who work as domestics, gardeners, child minders (including drivers of children) and those who look after the sick, aged or disabled in private homes. The legislation also covers domestic workers who work as independent contractors.

Hours of Work, Leave and Dismissal

According to the legislation, domestic workers should work no more than 45 hours a week, and should not work more than nine hours a day if they work a five-day week, or more than eight hours a day if they work for more than five days a week.

 QUESTION

Do you comply with the act and have a contract in place with your domestic worker.

Do you know your rights as an employer?

If the answer to one or all of the above is “no” please contact us on the tab provided.