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DOMESTIC WORKER SECTORAL DETERMINATION

This presentation provides an overview of the domestic worker sectoral determination, including the contextualization, demands on the department, and the approach followed. It covers topics such as wages, conditions of employment, and important issues related to wages and deductions. Available assistance from provincial offices and training resources are also highlighted.

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DOMESTIC WORKER SECTORAL DETERMINATION

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  1. DOMESTIC WORKER SECTORAL DETERMINATION Briefing Session:

  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 (1) Background • Labour regime • 15 point plan

  4. Contextualization (2) 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. WHO IS A DOMESTIC WORKER? • Employed in a private household • Tasks: • Looking after children • Gardening • Driving • Employment Agencies • Independent contractors • 24 hours per month

  11. Wages

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

  13. Wages: More than 27 hours

  14. Wages: 27 hours and less

  15. 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

  16. OTHER IMPORTANT ISSUES ABOUT WAGES • Hourly rates • Phase in • Across the board increases • 4-hour proviso

  17. 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.

  18. Conditions of Employment

  19. 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.

  20. 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.

  21. LEAVE & TERMINATION • Family responsibility – 5 days • 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

  22. 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.

  23. 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.

  24. 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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