Social Law Project’s presentation to the PPC

24 August 2010

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AIM

• To share research findings from DWRP • DWRP’s aim: to investigate the efficacy of

Sectoral Determination 7 (SD7)• Themes:• (a) human rights• (b) compliance and enforcement • (c) migrant domestic workers• (d) empowerment and organising of DWs

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The findings

•  The DWRP extracts its findings from:

• Literature Review• The survey; and • The focus group workshops.• www.dwrp.org.za

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Payment of minimum wage

How much are you paid monthly?

5.9

12.0

17.3

17.7

12.9

26.8

7.5

10.3

19.0

16.5

11.0

5.9

17.1

20.1

0 20 40 60 80 100

Less than R500

R501-R800

R801-R1000

R1001-R1200

R1201-R1350

More than R1350

Refused

%

Union (n=153) Non-union (n=447)

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Awareness of rightsAre you aware of any specific laws that are

applicable to domestic workers?

65.3

19.7

34.7

80.3

0 20 40 60 80 100

Union (n=152)

Non-union(n=448)

%

Yes No

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Employers registered for UIF and awareness of legislation

• Less than half of respondents have registered their domestic workers, while 56.2% are aware

6

7

Have you registered your domestic worker for UIF and are you aware of the DOL minimum wages and conditions of employment?

41.4

56.2

58.6

43.8

0 20 40 60 80 100

Registered for UIF

Aware of the legislation

%

Yes No

Progress Identified

• Great amount of progress • In recent years• DWs now have rights and are protected by the

law• Benefits given to DWs:• UIF, prescribed minimum wage and working

hours, leave days and termination rules• Change of attitude by some employers towards

DWs

8

Constraints identified

• Insufficient knowledge and awareness of SD 7• Powers of the inspectors• S65 (2) of the BCEA• COIDA exclusion• No forum/bargaining council for the DW

sector

9

•SUGGESTIONS

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AWARENESS

• By DoL to ERs• awareness regarding ER duties• awareness re: SD7 and complementary

legislation • awareness of the progressive steps that may be

taken by ERs to improve compliance • awareness campaigns to include community

newspapers and published all languages AND to involve social structures

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MEASURES TO REWARD COMPLYING EMPLOYERS 

• Good ER database• Tax relief• Car stickers for ERs E.g. I treat my DW

with respect

• Certificate of good standing

12

MEASURES TO PUNISH NON-COMPLYING EMPLOYERS

• NAME and SHAME Database• Penalties for UIF transgressors

• Spot fines issued by Inspectors

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CHANGES or REVIEW OF THE LEGISLATION 

• S17 of LRA reviewed/deleted• S65 of the BCEA reviewed

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S17 of the LRA Restricted rights in domestic sector •

1)For the purposes of this section, "domestic sector" means the employment of employees engaged in domestic work in their employers' homes or on the property on which the home is situated.

2)The rights conferred on representative trade unions by this Part in so far as they apply to the domestic sector are subject to the following limitations-

a) the right of access to the premises of the employer conferred by section 12 on an office-bearer or official of a representative trade union does not include the right to enter the home of the employer, unless the employer agrees; and

b) the right to the disclosure of information conferred by section 16 does not apply in the domestic sector. 

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CHANGES or REVIEW OF THE LEGISLATION 

• S65 of the BCEA reviewed

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S65 of BCEA: Powers of entry

• 1) In order to monitor and enforce compliance with an employment law, a labour inspector may, without warrant or notice, at any reasonable time, enter—

(a) any workplace or any other place where an employer carries on business or keeps employment records, that is not a home;

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S65 of BCEA: Powers of entry

• 2) A labour inspector may enter a home only –• (a) with the consent of the owner or occupier• (b) if authorized to do so in writing ito subsection

(3)• 3. The Labour Court may issue an authorization

only on written application by a labour inspector who states under oath or affirmation the reasons for the need to enter a place in order to monitor or enforce compliance with any employment law.

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CHANGES or REVIEW OF THE LEGISLATION 

• EXCLUSION FROM SOCIAL SECURITY:• Inclusion of “Chars’ for UIF registration • Inclusion of DWs in COIDA • Recognition of child minders and care givers

as “Skilled work”• Provision of a retirement fund for long term

employees • Inclusion of provision of a 13th cheque in SD 7

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CHANGES or REVIEW OF THE LEGISLATION 

• Establishment of a figure for the night work allowance (clause 13.2.a of SD7) e.g. 10 % of one’s daily wage

• An increase of the R20.00 stand-by allowance as per clause 14.2 of SD7

• Undertaking ito section 68 of the BCEA must be made an order

• More powers to inspectors e.g. stick a subpoena on the door and then it be considered as served (shortening the process)

• Power/authority by Inspectors to issue spot fines

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For  the state /DoL 

• DoL to conduct focus group for DWs• DoL to conduct focus group worships for

inspectors (incl. dealing with undocumented workers in the country)

• Vigorous enforcement by DoL• Workshops for ER’s which include information on

how to curb xenophobia in the society• Specialization of inspectors : One group to focus

on one legislation

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GENERAL• DoL inspections must target the townships and

the “poor” rural areas• DW awareness campaigns to involve other

stakeholders e.g. CCMA,NGOs, Social Services, Justice Ministry

• Civil society funding to be targeted to capacitate NGO’s

• Trade unions must educate their members about SD7 etc

• The formulation of an ER’s organisation

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