DOMESTIC WORKER SECTORAL DETERMINATION

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DOMESTIC WORKER SECTORAL DETERMINATION

• Press Briefing
• 15 August 2002

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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

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Contextualization

• Process
• DG report
• ECC process
• Promulgation

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Demands on the department

• Social partners
• Legislative
• Departmental

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Social Partners

• Unions Churches Social community groups
• Levels of remuneration
• Lesser or more regulation
• The effect on employment

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Legislative demands

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

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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.

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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 pensionR620,00 per month
• - Current wages of domestic workers.

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• Wages

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How are wages set?

• Area where the domestic works (areas A B)
• Number of hours per week (27hrs or less than
  27hrs)

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Wages More than 27 hours
AREA A AREA B
MONTHLY RATE R 800,00 R 650,00
HOURLY RATE R 4,10 R 3,33
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Wages 27 hours and less

AREA A AREA B
MONTHLY RATE R 614,25 R 498,42
HOURLY RATE R 4,51 R 3,66
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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
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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.

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• Conditions of Employment

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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 times workers wage for
  overtime done.

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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.

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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

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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.

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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.

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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.