About Domestic DIY

What does Domestic DIY offer?

Domestic work compliance eManual

• An easy to understand guide to assist you in managing your relationship with your domestic worker and to ensure
  that you are legally compliant.
• Understand legal requirements including the National Minimum Wage Act, UIF, Hours of Work, Leave, Overtime, the Right to Search, the Right to Polygraph and more.
• Access and utilize online editable part-time and full-time contracts of employment, UIF documents, payslips, termination notices, retrenchment notices, written warnings & other relevant documents.
• Clearly define the duties and responsibilities of your domestic worker in a detailed contract of employment.
• Fairly dismiss your domestic worker for misconduct, incapacity or operational requirements.
  

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Foreword

As an employment law attorney I often receive requests for ‘free advice’ in relation to personal employment law matters. Undoubtedly the most common request that I receive is to either assist with the employment of domestic workers or with disputes that have arisen with domestic workers.

Despite the fact that domestic workers are ubiquitous in South Africa, there is widespread confusion surrounding the mandatory terms and conditions of employment applicable to them and often substantial non-compliance with the law.

The situation has become more uncertain as a result of recent developments such as the impact of the COVID-19 pandemic and the implementation of the National Minimum Wage Act in January 2019 (and the subsequent annual changes to the minimum wage applicable to domestic workers).

In general, the difficulties in relation to the employment of domestic workers arise for legitimate rather than nefarious reasons. The following reasons are particularly common:–

• Domestic workers are employed on a variety of different terms and conditions of employment. Some are employed on a part-time basis while others work full-time. Some reside at their employers’ residences while others do not. Some perform additional duties such as looking after children whilst others perform more limited duties. Many domestic workers receive benefits beyond their remuneration such as food allowances, travel allowances, contributions towards student fees (for further studies), contributions towards school fees (for the children of domestic workers), payment of medical expenses, thirteenth cheques, access to DSTV, access to the internet etc. It goes without saying that these aspects are not easily dealt with in contracts of employment and consequently they are often ignored until a dispute arises;
• The law pertaining to domestic workers is not easily understood. Employers must, amongst other things, comply with the Labour Relations Act, the Basic Conditions of Employment Act, the Unemployment Insurance Act, the Unemployment Insurance Contributions Act, the National Minimum Wage Act, the Income Tax Act and Sectoral Determination 7: Domestic Worker Sector. Whilst online guides are available to assist, they tend to deal with the law superficially and do not assist employers who have atypical arrangements with their domestic workers which is commonplace. Relying on these guides often adds to the confusion and frustration experienced by employers when trying to understand what is required from them. For this reason, some employers favour concluding verbal employment agreements with their domestic workers which constitutes a significant statutory breach; and
• Domestic workers have access to our homes and personal lives in a way that other employees do not. Many domestic workers provide services beyond merely cleaning or looking after the garden. They may be involved in caring for our children, caring for elderly, sick or disabled relatives or taking care of our pets. In general, they become extremely important to, and interwoven in, our family lives. As a result, personal relationships often develop between domestic workers and their employers which may, in turn, make it difficult for employers to have frank discussions concerning terms and conditions of employment. There is often an underlying fear on the part of the employer of either upsetting the status quo or causing the breakdown of a personal relationships with the domestic worker.

Notwithstanding the above difficulties, the advantages of being legally compliant are multifaceted and obvious.
Amongst other things, legal compliance:-

• Creates certainty in respect of the obligations of the domestic worker and the employer thereby avoiding disputes in the first place;
• Ensures that domestic workers are protected in the event that they contract a long-term illness, have a child, sustain an occupational injury or are retrenched/dismissed ;
• Protects the dependants of domestic workers in the event of the death of the domestic worker or the death of the domestic worker’s employer; and
• Protects employers in the event that a dispute arises in relation to performance, misconduct or any other employment related issue.

I have therefore prepared this eManual with the aim of assisting the average employer with (1) understanding the mandatory terms and conditions of employment applicable to domestic workers in simple terms, (2) becoming fully legally compliant and protected where they are not currently and (3) implementing contracts of employment and utilizing other easily customizable employment documents. Protects employers in the event that a dispute arises in relation to performance, misconduct or any other employment related issue.

To that end, this manual will grant you access to downloadable and editable full-time and part-time contracts of employment which can be implemented with your domestic worker. You will also be provided with all of the necessary supporting documents that you may require including UIF registration documents and guides, sample payslips, loan agreements, retrenchment notices, certificates of service, written warnings, etc. These documents are all explained in this manual.

Finally, there is a ‘Frequently Asked Questions’  section dealing with a number of the questions that I am often asked as well as common questions that appear on online forums regarding domestic workers.