DOMESTIC WORKER SECTORAL DETERMINATION

Briefing Session:

Structure of the presentation

Contextualize the determination Demands on the department Approach that we followed Sectoral determination: wages and conditions

of employment

Contextualisation (1)

Background

Labour regime

15 point plan

Contextualization (2)

Process DG report ECC process Promulgation

Demands on the department

Social partners

Legislative

Departmental

Social Partners

Unions; Churches; Social & community groups Levels of remuneration Lesser or more regulation The effect on employment

Legislative demands

Legislative: BCEA Ability of the employer to pay Creation and retention of employment

opportunities Alleviation of poverty Cost of living

Departmental role

Political imperative: “a better life for all”; Developmental and integrated approach; Need to set a floor of rights first; Skills development; Social security; Improved conditions of employment.

Approach that we followed

Integrated & developmental approach considering:

Concerns of different stakeholders; Sufficient flexibility vs. Job retention; Levels at which we peg the wages: Need to

take the following into consideration:- Old age pension;R620,00 per month- Current wages of domestic workers.

WHO IS A DOMESTIC WORKER?

Employed in a private household Tasks:

– Looking after children– Gardening– Driving

Employment Agencies Independent contractors 24 hours per month

Wages

How are wages set?

Area where the domestic works (areas A & B)

&

Number of hours per week (+27hrs or less than 27hrs)

Wages: More than 27 hours

AREA A AREA B

MONTHLY RATE R 800,00 R 650,00

HOURLY RATE R 4,10 R 3,33

AREA A AREA B

MONTHLY RATE R 527,67 R 428,22

HOURLY RATE R 4,51 R 3,66

Wages: 27 hours and less

MINIMUM WAGES

Examples of councils in Area AAREA A

Bergrivier, Breederivier, Cape Agulhas, Cederberg, City of Cape Town, City of Johannesburg, City of Tshwane, Drakenstein, Ekurhulen, Emalahleni, Emfuleni, Ethekwini, Gamagara, George ; Karoo Hoogland, Kgatelopele, Knysna Kouga, Langeberg Mosselbaai, Mtubatu Local Municipality, Overstrand, Plettenbergbaai Richtersveld Saldanha Bay, Sol Plaatjie, Stellenbosch Swartland Swellendam,

All councils not mentioned in Area A is in are Area B

OTHER IMPORTANT ISSUES ABOUT WAGES

Hourly rates Phase in Across the board increases 4-hour proviso

Deductions

What cannot be deducted:Breakages, supplied clothing, training or food

What can be deducted:Statutory deductions - UIF

Other deductions- Accommodation if in line with requirements, loans- Not more than 10% of the wage to be taken for each of loan or accommodation

Workers should not be worse off than before.

Conditions of Employment

Hours of work, Overtime

Hours of work

45 hours per week and not more than 8 hours a day if the domestic worker works more than 5 days a week

Overtime

Not more than: (1) 15 hours per week and (2) 12 hours in any day inclusive of overtime. Pay to be at least one and one-half times worker’s wage for overtime done.

Night work & Standby

Night work

Work after 18h00 and before 06h00 the next day.

Standby

Starts at 20h00 until 6h00 at R20 per standby with limitations.

LEAVE & TERMINATION

Family responsibility – 5 days Notice of not less than:

1 week if employed 6 months or less

4 weeks if employed more than 6 months Certificate of service to be provided. Provision of accommodation if employer

terminates the contract earlier than allowed

Written particulars of employment

Full name and address of the employer; Name and occupation of the domestic worker, The place of work, The date on which the employment began; Ordinary hours of work and days of work; Wage or the rate and method of payment; The rate of pay for overtime work; Any other cash payments; Any payment in kind; How frequently wages will be paid; Any deductions; The leave entitled to; The period of notice to terminate employment.

Information concerning pay

 name and address;  name and occupation;   the period in respect of which payment is made; wage rate and overtime rate; number of hours; overtime hours; hours worked on a public holiday or on a Sunday; wage;  deductions made and  actual amount paid.

Important issues

Conditions becomes applicable on the 1 September 2002.

Wages become applicable on the 1 November 2002. Every employer to keep copy of determination;Assistance:

Provincial offices Website Government Gazette

Training & awareness creation throughout SA.