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    The Expert Explains

    Question: Valid or not?
    "Your hours of work can be changed, provided you are given 12 hours notice of such change"?

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    Sectoral Determination 7: Domestic Worker Sector

    Domestic worker - Minimum wages 2018

    Domestic Workers - Contract of employment

    Domestic Workers - Explanatory Notes

    Domestic Workers - Time and Wage record

    Domestic Workers - Certificate of service

    Domestic Workers - Sectoral Determination Summary

    Huiswerker - Dienskontrak

    Huiswerker - Tyd en loon rekord

    Huiswerker - Dienssertifikaat



    1. Jan Truter
      Posted 5 September 2016 at 9:07 am | Permalink

      Reply to Mrs Van Maasdyk: There is no entitlement to any lump sum at 60 years (or at any other age). If she had retired, she would have been able to apply for a state pension from the age of 60.

    2. Mrs. M.M. van Maasdyk
      Posted 4 September 2016 at 2:27 pm | Permalink

      Our domestic worker is 62 years old and has worked for us for 24 years. We have given her money over the past few years towards building a house. She now tells me that she was entitled to a sum of money paid to her by us when she turned 60. I was under the impression that retirement age is 65 years of age, which means she has another 3 years to work before she retires. Please advise. Thank you.

    3. Jan Truter
      Posted 5 September 2016 at 8:57 am | Permalink

      Reply to Jason: If you will be employing her for less than 24 hours per month, she would not be entitled to paid annual leave, sick leave, family responsibility leave, additional pay for work on Sundays’ and public holidays, etc. Only the minimum wage provisions of the Sectoral Determination would apply. As far as misconduct or poor work performance is concerned, she would be entitled to protection against unfair dismissal – you would therefore have to follow a fair procedure and have a good reason to dismiss her.

    4. Jason
      Posted 1 September 2016 at 12:22 pm | Permalink

      Hi, I would like to provide a job for a domestic worker, but only need her for less than 24 hours a month. What benefits if any would she be legally entitled to (leave, public holidays, notice period,uif, annual increases) and what obligations are there for giving notice if she does not work well(even after providing training and instructions) or stays away without giving reasons.

    5. Jan Truter
      Posted 17 March 2014 at 9:04 am | Permalink

      Reply to Jo: Yes, you are separate employers and both have to pay UIF contributions.

    6. Jo
      Posted 16 March 2014 at 7:03 pm | Permalink

      My domestic worker works two days per week for me, and three days per week for another employer. Do we both have to pay UIF contributions?

    7. Jan Truter
      Posted 15 August 2013 at 11:52 am | Permalink

      Reply to Astrid: One cannot simply give notice, as she would still enjoy protection against unfair dismissal (i.e. the dismissal of any employee, including a domestic worker, has to be for a fair reason and after a fair procedure has been followed). I suggest that you consult with a labour lawyer or labour consultant near to you.

    8. Astrid
      Posted 15 August 2013 at 11:29 am | Permalink

      I have a domestic worker who comes in twice a week and does not work more than 5 hours a day. I now need to terminate her services. Is there a notice period? She also does not do as told and forgets the house keys at home and then just does not work that day. Do I need to give her a termination letter?

    9. Jan Truter
      Posted 20 September 2012 at 1:33 pm | Permalink

      Response to Jolene: Allowing someone to keep working after reaching the agreed retirement age, could create the expectation of indefinite employment. I suggest that you try to come to an agreement on a retirement date, put it in writing and stick to it.

    10. Jolene
      Posted 13 September 2012 at 8:13 am | Permalink

      My domestic worker has reached retirement age. She is still working. How do i retire her and can i force her to go on pension.

    11. Jan Truter
      Posted 14 December 2011 at 1:10 pm | Permalink

      Due to the fact that she works for you for more than 24 hours per month, she would be regarded as a permanent employee (even if she works part time). UIF contributions do need to be made.

    12. Marilyn
      Posted 14 December 2011 at 10:37 am | Permalink

      My domestic worker is working for me for 2 years now but only works 3 days a week 9 hours a day. Is she therefore classified as a permenent employee or part time? Also does one pay UIF for a part time employee?

    13. Prof. John F Sharpey-Schafer
      Posted 6 December 2011 at 2:49 pm | Permalink

      The minimum wage rates are disgracefully small and should be doubled at least.

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