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:

• leave pay (including annual leave, sick leave, family responsibility leave and parental leave);[ii]
• notice pay and severance pay (on termination of employment);[iii]
• overtime pay;[iv]
• additional pay for work on Public Holidays;[v] and
• written particulars of employment (i.e. contracts of employment).[vi]

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:

• the LRA contains no express exclusions from its provisions based on hours of work and, that being the case, a domestic worker who works for less than 24 hours per month will in most cases be entitled to refer an unfair dismissal dispute. The CCMA will also have jurisdiction over an employer’s failure to pay the minimum wage in terms of the National Minimum Wage Act.

• consequently, notwithstanding that a domestic worker may work for less than 24 hours per month, care should still be taken to fairly dismiss such domestic workers rather than simply notifying them that their employment has been terminated (click to see Chapter 8 on how to dismiss).

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[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