The sectoral determination applicable to domestic workers does not apply to a domestic worker who works for less than 24 hours per month.[i]
Domestic workers who work for less than 24 hours per month are therefore not entitled to the terms and conditions of employment set out in the sectoral determination. They are however entitled to the minimum wage stipulated in terms of the National Minimum Wage Act
(click to see Chapter 2).
Generally speaking, domestic workers who work less than 24 hours per month also fall outside of the provisions of the Basic Conditions of Employment Act. By way of example, domestic workers working less than 24 hours per month are not entitled to:
Unemployment Insurance Fund contributions are also not required for employees who work for less than 24 hours per month.[vii]
In respect of unfair dismissals, the question as to whether a domestic worker working less than 24 hours is an ‘employee’ is more complicated:
[i] See section 1(2)(d) of Sectoral Determination 7
[ii] See section 19(1) of the Basic Conditions of Employment Act
[iii] See section 36 of the Basic Conditions of Employment Act
[iv] See section 6(1)(c) of the Basic Conditions of Employment Act
[v] See section 6(1)(c) of the Basic Conditions of Employment Act
[vi] See section 28(1) of the Basic Conditions of Employment Act
[vii] See section 3(1) of the Unemployment Insurance Act and section 4(1)(a) of the Unemployment Insurance Contributions Act