Many of us understand a domestic worker to be a houseworker in the traditional sense. This is not the case and you may be surprised to learn that you employ more than one domestic worker.

Sectoral Determination 7: Domestic Worker Sector (“the sectoral determination”) and the National Minimum Wage Act contain a wide definition of a “domestic worker” which includes:

• a maid;
• a gardener;
• a person employed by a household as a driver; and
• a person who takes care of children, the aged, the sick, the frail or the disabled.[i]

The sectoral determination also applies to domestic workers who are provided by ‘employment services’ and to domestic workers “employed as independent contractors”[ii] (sic).

Consequently, irrespective of whether you have engaged a domestic worker through a third-party company, whether your domestic worker is styled as an ‘independent contractor’ and who actually pays your domestic worker, you are subject to a legal obligation to ensure compliance with the minimum terms and conditions of employment applicable to domestic workers. These workers include your maid, gardener, caregiver, au pair, driver, etc.

The following persons are excluded from the sectoral determination applicable to domestic workers:

• workers who do not work in private households;[iii]
• domestic workers employed on working farms;[iv] and
• workers covered by other sectoral determinations (i.e. persons who fall within Sectoral Determination 1: Contract Cleaning Sector).[v]

---

[i] See section 31 of Sectoral Determination 7 and Item 3, Schedule 1 of the National Minimum Wage Act

[ii] See section 1(1)(b) of Sectoral Determination 7

[iii] See section31 of Sectoral Determination 7 and Item 3, Schedule 1 of the National Minimum Wage Act

[iv] i.e. a farm on which employees performing agricultural work are employed (see section 1(2)(a) of Sectoral Determination 7). A higher minimum wage applies in respect of farm workers (see Schedule 1 to the National Minimum Wage Act).

[v] See section 1(2)(b) of Sectoral Determination 7