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DOMESTIC WORKER SECTORAL DETERMINATION

DOMESTIC WORKER SECTORAL DETERMINATION. Press Briefing: 15 August 2002. Structure of the presentation. Contextualize the determination Demands on the department Approach that we followed Sectoral determination: wages and conditions of employment . Contextualisation. Background

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DOMESTIC WORKER SECTORAL DETERMINATION

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  1. DOMESTIC WORKER SECTORAL DETERMINATION Press Briefing: 15 August 2002

  2. Structure of the presentation • Contextualize the determination • Demands on the department • Approach that we followed • Sectoral determination: wages and conditions of employment

  3. Contextualisation Background • Labour regime • 15 point plan

  4. Contextualization Process • DG report • ECC process • Promulgation

  5. Demands on the department Social partners Legislative Departmental

  6. Social Partners • Unions; Churches; Social & community groups • Levels of remuneration • Lesser or more regulation • The effect on employment

  7. Legislative demands • Legislative: BCEA • Ability of the employer to pay • Creation and retention of employment opportunities • Alleviation of poverty • Cost of living

  8. Departmental role • Political imperative: “a better life for all”; • Developmental and integrated approach; • Need to set a floor of rights first; • Skills development; • Social security; • Improved conditions of employment.

  9. Approach that we followed Integrated & developmental approach considering: • Concerns of different stakeholders; • Sufficient flexibility vs. Job retention; • Levels at which we peg the wages: Need to take the following into consideration: - Old age pension;R620,00 per month - Current wages of domestic workers.

  10. Wages

  11. How are wages set? • Area where the domestic works (areas A & B) & • Number of hours per week (+27hrs or less than 27hrs)

  12. Wages: More than 27 hours

  13. Wages: 27 hours and less

  14. MINIMUM WAGES Examples of councils in Area A AREA A • Bergrivier, Breederivier, Cape Agulhas, Cederberg, City of Cape Town, City of Johannesburg, City of Tshwane, Drakenstein, Ekurhulen, Emalahleni, Emfuleni, Ethekwini, Gamagara, George ; Karoo Hoogland, Kgatelopele, Knysna Kouga, Langeberg Mosselbaai, Mtubatu Local Municipality, Overstrand, Plettenbergbaai Richtersveld Saldanha Bay, Sol Plaatjie, Stellenbosch Swartland Swellendam, All councils not mentioned in Area A is in are Area B

  15. Deductions • What cannot be deducted: Breakages, supplied clothing, training or food • What can be deducted: Statutory deductions - UIF • Other deductions - Accommodation if in line with requirements, loans - Not more than 10% of the wage to be taken for each of loan or accommodation • Workers should not be worse off than before.

  16. Conditions of Employment

  17. Hours of work, Overtime • Hours of work 45 hours per week and not more than 8 hours a day if the domestic worker works more than 5 days a week • Overtime Not more than: (1) 15 hours per week and (2) 12 hours in any day inclusive of overtime. Pay to be at least one and one-half timesworker’s wage for overtime done.

  18. Night work & Standby • Night work Work after 18h00 and before 06h00 the next day. • Standby Starts at 20h00 until 6h00 at R20 per standby with limitations.

  19. TERMINATION • Notice of not less than: 1 week if employed 6 months or less 4 weeks if employed more than 6 months • Certificate of service to be provided. • Provision of accommodation if employer terminates the contract earlier than allowed

  20. Written particulars of employment • Full name and address of the employer; • Name and occupation of the domestic worker, • The place of work, • The date on which the employment began; • Ordinary hours of work and days of work; • Wage or the rate and method of payment; • The rate of pay for overtime work; • Any other cash payments; • Any payment in kind; • How frequently wages will be paid; • Any deductions; • The leave entitled to; • The period of notice to terminate employment.

  21. Information concerning pay •  name and address; •  name and occupation;  •  the period in respect of which payment is made; • wage rate and overtime rate; • number of hours; • overtime hours; • hours worked on a public holiday or on a Sunday; • wage; •  deductions made and •  actual amount paid.

  22. Important issues • Conditions becomes applicable on the 1 September 2002. • Wages become applicable on the 1 November 2002. • Every employer to keep copy of determination; Assistance: Provincial offices Website Government Gazette • Training & awareness creation throughout SA.

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