eDometix endeavours to provide a holostic one-stop service to employers of domestic workers and the standard system provides the processes to ensure that the employer complies with the legal requirements as explained below and any special circumstances will be accommodated to ensure compliance.
Representations at the CCMA are not included in the basic services however the employer will be introduced to an Employer Organisation who provides the service to its members to represent them at the CCMA. Membership of an Employers Organisation is highly recommended. (See details below)
LAWS APPLICABLE TO EMPLOYERS OF DOMESTIC EMPLOYEES
Sectoral Determination 7
In terms of Chapter 8 of the Basic Conditions of Employment Act the Minister made Sectoral Determination 7 that governs the conditions of employment for all domestic workers in the Republic of South Africa.
See a comprehensive summary of the Sectoral Determination 7 however the following items are highlighted:-
The sectoral determination compels the employer to issue the domestic worker with written particulars of employment
- When the domestic worker starts with full name and address of the employer
- Brief description of the work for which the worker is employed
- Place of work
- Date on which employment began
- Ordinary hours of work and days of work
- Workers rate and method of payment
- Rate of pay for overtime
- Any other cash payments
- Any payments in kind and the value
- Frequency of payments
- Any deductions
- Leave entitlement
- Notice period or termination date
Particulars must be explained if the domestic worker cannot understand the written information.
eDomestix ensures compliance through the following systems;
- Employer registers through the system
- Call centre will contact employer to verify all relevant information
- Supply a quote and acceptance will give employer access to the system
- Written particulars will be supplied
- Employee record opened in eDomestix system
- Hours of work recorded
- Record leave taken
- Monthly payslip provided
- Leave record updated monthly
- Ensure correct monthly wages are paid to employee
- eDomestix to provide assistance and documentation as required on ad hoc basis (excluding CCMA representation - see services available in this regard).
The Unemployment Insurance Legislation
When the Domestic Worker works for you 24 hours or more per month then you MUST contribute 1% of the wage to the UIF.
Since 01 April 2003 all domestic employees and employers are regarded as contributors to the Unemployment Insurance Fund and the objective of the Fund is to provide benefits to employees who become unemployed or their beneficiaries, as the case may be , who are entitled to benefits to alleviate the harmful economic and social effects of unemployment.
IMPORTANT - employers and employees may not agree not to contribute to UIF.
eDomestix will ensure that the employer and employee are registered and that the employer complies with the legislation.
Special arrangements will be discussed and agreed upon to take care of any arrears contributions.
Required Compliance with the Labour Relations Act
The purpose of the Act in relation to Domestic Workers and their Employers can be summarised as to advance economic development, social justice and labour peace and therefore employers and employees in the Domestic sector are governed by this Act.
The Act the rights of employees to be protected against unfair dismissal and unfair labour practices and the CCMA has been constituted to consider amongst other matters also the fairness of dismissals and to adjudicate over unfair labour practices.
eDomestix will endeavour to reduce the risks of employers and to ensure a harmonious working relationship between employers and employees however eDomestix will not represent employers in matters at the CCMA and therefore it is suggested that employers affiliate with the Employers Organisation.
With regard to potential unfair dismissals and unfair labour practices it is critical that employers always consult with eDomestic consultants through the help desk for assistance.