GUIDELINES

Notice period and termination of employment

In terms of the Basic Conditions of Employment Act, any party to an employment contract must give to the other written notice of termination as follows:

• One week, if employed for four weeks or less
• Four weeks if employed for more than four weeks.

Procedure for termination of employment

Whilst the contract of employment makes provision for termination of employment, it must be understood that the services of an employee may not be terminated unless a valid and fair reason exists and fair procedure is followed. If an employee is dismissed without a valid reason or without a fair procedure, the employee may approach the CCMA for assistance.
Pro-rata leave and severance pay might be payable.
In the event of a domestic worker being unable to return to work due to disability, the employer must investigate the nature of the disability and ascertain whether or not it is permanent or temporary. The employer must try to accommodate the employee as far as possible for example, amending or adapting their duties to suit the disability. However, in the event of it not being possible for the employer to adapt the domestic workers duties and/or to find alternatives, then such employer may terminate the services of the domestic worker.
The Labour Relations Act, 66 of 1995 sets out the procedures to be followed at the termination of services in the Code of Good Practice, in Schedule 8.

 Wage/Remuneration/Payment

There is no prescribed minimum rate of remuneration. Additional payments (such as for overtime or work on Sundays or Public Holidays) are calculated from the total remuneration as indicated in clause 5.3 of the contract. The total remuneration is the total of the money received by the employee and the payment in kind (i.e. the value of food and accommodation etc.). Payment in kind may not be less than R100.

Transport allowances, bonuses, increases

These are not regulated by Basic Conditions of Employment Act and are therefore open to negotiation between the parties.

Hours of work
Normal hours (excluding overtime)

A domestic worker may not be made to:

• work more than 45 hours a week;
• work more than nine hours per day for a five day work week;
• work more than eight hours a day for a six day work week; and

Overtime

A domestic worker may not work more than three hours of overtime per day or 10 hours per week and must be paid at least 1.5 times the wage or may agree to receive paid time off. .

Daily and weekly rest periods

A daily rest period of 12 consecutive hours and a weekly rest period of 36 consecutive hours, which must include Sunday, unless otherwise agreed, must be allowed.
The daily rest period may by agreement be reduced to 10 hours for an employee who live on the premises whose meal interval lasts for at least three hours.
The weekly rest period may by agreement be extended to 60 consecutive hours every two weeks or be reduced to eight hours in any week if the rest period in the following week is extended equivalently.

Meal intervals

A domestic worker is entitled to a one-hour break for a meal after not more than five hours work. Such interval may be reduced to 30 minutes, by agreement between the parties. If required or permitted to work during this period, remuneration must be paid.

Sunday work

Work on Sundays is voluntary and a domestic worker can therefore not be forced to work on a Sunday.
If the employee works on a Sunday he/she shall be paid double the daily wage.
If the employee ordinarily works on a Sunday he/she shall be paid one and one-half time the wage for every hour worked.

Public Holidays

The days mentioned in the Public Holidays Act must be granted but the parties can agree to further public holidays. Work on a public holiday is entirely voluntary and a domestic worker may not be forced to work on such public holiday.
The official public holidays are:

• New Years Day (1 January)
• Human Rights Day (21 March)
• Good Friday (varies)
• Family Day (varies)
• Freedom Day (27 April)
• Workers Day (1 May)
• Youth day (16 June)
• National Woman’s Day (9 August)
• Heritage Day (24 September)
• Day of Reconciliation (16 December)
• Christmas Day (25 December)
• Day of Goodwill (26 December)

 

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