Here’s what you need to know if you employ a domestic worker

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If you employ someone as a domestic worker, you have to adhere to the labour laws of the country just like any other employer.

Consumers hardly think about themselves as employers, although many of us employ domestic workers. What we also often do not realise is that with employing someone you have certain duties and rights and not sticking to these can see you paying a hefty financial penalty.

“Non-compliance can lead to severe penalties and legal repercussions, including hefty fines and negative outcomes at the Commission for Conciliation, Mediation and Arbitration .” And if your domestic worker lodges a claim against you at the CCMA and you are found guilty of unfair labour practices, the worker may be awarded financial compensation that you will have to pay, he says.It is mandatory to sing an employment contract with your domestic worker

Domestic workers are entitled to a minimum wage of R27.58 per hour. You are allowed to deduct amounts from the domestic worker’s salary for medical insurance, savings, pension fund, trade union subscription, order of account payment to a financial institution, rentals and loans or advances . Ordinary working hours for domestic workers are a maximum of 45 hours per week, with a maximum of nine hours per day when working five days and a maximum eight hours per day when working more than five days.

Severance pay is calculated at at least one week’s pay for every completed 12 months of continuous service. On termination of employment an employee is entitled to a certificate of service.

 

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