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Satisfying an employer’s human resources and payroll requirement is our prime function

We welcome the opportunity to be of service to you!

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Copyright © 2017 Pay Matters - Human Resources & Payroll Specialists

PAIA Manual
Copyright
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Legal scales
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Legal Requirements

Legislation prescribes the terms and conditions applicable

to the employment of domestic workers.

In terms of current legislation, the following is mandatory for Domestic employers:

Minimum wage rates are prescribed annually and must be adhered to;

Employees must be registered with the authorities for U.I.F. and P.A.Y.E. where applicable. These statutory deductions must be recovered and submitted to the authorities on a monthly basis;

The employment relationship must be formalised using a written agreement between the parties. The terms and conditions applicable to the employment must be specified. Certain minimum content is prescribed, and changes must be recorded in writing;

The employee must have a job description describing the duties that they are required to perform, and this may not be changed unilaterally;

Working hours and rest times are regulated;

The employee is required to record their time worked on a daily basis using an attendance register;

The employee must receive a payslip describing the wages paid. Certain minimum content is prescribed;

Non-statutory deductions may only be made from the employee’s wages under certain conditions;

No penalties may be applied, nor may deductions be made for accidental breakages or damage;

Annual leave, Sick leave, Maternity leave  and Family Responsibility leave are regulated, and records of all leave taken must be retained;

Regulations apply to termination, severance and notice periods;

Disciplinary action taken against an employee must comply with the prescribed processes;

Protective clothing and equipment must be provided under certain circumstances;

Conditions apply where accommodation is provided for an employee;

All documentation relating to an employment must be retained for a period of five years following the termination of the employee’s service; and

Copies of the Sectoral Determination for Domestic Workers and the Basic Conditions of Employment Act must be readily available for the employee’s reference.

Do you comply with the above?

If not, you are at risk!

 

 

 

 

 

 

 

 

Failure to comply with the legislation is a criminal offence that could result in penalties of up to R10000.00 or three years in jail, or both, and the possibility of costly legal challenges through the CCMA!

Currently almost 10% of matters referred to the CCMA relate to domestic workers, (approximately 15000 cases p.a.), of which about 65% are decided in favour of the employee, with an average settlement of three months salary!

(Settlement could be as high as 12 month’s salary for unfair labour practices, and 24 month’s for “automatically unfair” labour practices! )

Should the relationship with your Domestic Worker go sour, (for whatever reason), or if you terminate their services, (again for any reason), you are almost certain to become part of future statistics!

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Legislation

Click the icon below to view the employment legislation applicable to domestic workers

Click the icon below to view the Basic Conditions of employment Act, (some of which also applies to domestic workers)

 

 

Setoral Determination Domestics
Basic conditions of employment act
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To learn more about how we can assist you please visit our “Solutions” page by clicking the picture below.

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