The minimum wage has historically been more complex for employers who employ domestic workers who work for 27 hours per week or less in metropolitan areas such as the City of Johannesburg, the City of Cape Town, the City of Tshwane, etc… (see the endnote for a complete list ).[i]
This is so because on 3 December 2018, prior to the implementation of the National Minimum Wage Act, the Minister of Labour gazetted new wage tables in terms of the sectoral determination applicable to those metropolitan areas.
In terms of those (now defunct) wage tables, domestic workers in metropolitan areas working for 27 hours or less per week were entitled to a minimum hourly wage of R16.03 per hour (i.e. a minimum wage in excess of the erstwhile R15.00 per hour initially stipulated by the National Minimum Wage Act and its subsequent increase on 1 March 2020 to R15.57).
The National Minimum Wage Act provides that the national minimum wage is a term and condition of employment save where any contract, collective agreement or law provides a wage which is more favourable to the worker.[ii]
Consequently, for the period from 3 December 2018 until 1 March 2021, domestic workers residing in metropolitan areas and working for less than 27 hours per week were entitled a minimum wage of R16.03 notwithstanding that the minimum wage for domestic workers in terms of the National Minimum Wage Act was lower at the time.
With effect from 1 March 2021, however, the new minimum wage stipulated in terms of the National Minimum Wage Act (i.e. R19.09 per hour) became applicable and this is now the minimum payable to all domestic workers irrespective of the amount of hours worked.
[i] For a complete list of areas, see wage table A published in Government Gazette 42077 on 3 December 2018 which includes the following areas:-
“Bergrivier Local Municipality, Breederivier Local Municipality, Buffalo City Local Municipality, Cape Agulhas Local Municipality, Cederberg Local Municipality, City of Cape Town, City of Johannesburg Metropolitan Municipality, City of Tshwane Metropolitan Municipality, Drakenstein Local Municipality, Ekurhulen Metropolitan Municipality, Emalahleni Local Municipality, Emfuleni Local Municipality, Ethekwini Metropolitan Unicity, Garnagara Local Municipality, George Local Municipality, Hibiscus Coast Local Municipality, Karoo Hoogland Local Municipality, Kgatelopele Local Municipality, Khara Hais Local Municipality, Knysna Local Municipality, Kungwini Local Municipality, Kouga Local Municipality, Langeberg Local Municipality Lesedi Local Municipality Makana Local Municipality, Mangaung Local Municipality, Matzikama Local Municipality, Metsimaholo Local Municipality, Middelburg Local Municipality, Midvaal Local Municipality, Mngeni Local Municipality, Mogale Local Municipality, Mosselbaai Local Municipality, Msunduzi Local Municipality, Mtubatu Local Municipality, Nama Khoi Local Municipality, Nelson Mandela, Nokeng tsa Taemane Local Municipality, Oudtshoorn Local Municipality, Overstrand Local Municipality, Plettenbergbaai Local Municipality, Potchefstroom Local Municipality, Randfontein Local Municipality, Richtersveld Local Municipality, Saldanha Bay Local Municipality, Sol Plaatjie Local Municipality, Stellenbosch Local Municipality, Swartland Local Municipality, Swellendam Local Municipality, Theewaterskloof Local Municipality, Umdoni Local Municipality, uMhlathuze Local Municipality and Witzenberg Local Municipality.”
[ii] See section 4(7) of the National Minimum Wage Act
