Article: Domestic workers demonstrate

[Lupus]

One can't fault people for being short sighted in their thinking. They all have priorities: People to look after, food to buy, a home to build or maintain. Children to raise. Sick or elderly parents to look after as well as unemployed relatives. Of course where the money for that is supposed to come from is not really their problem. SA has to produce more and export more if standard of living is to rise here. Internal service driven economy has limits.

It is kind of short-sighted on their part, if they demand and demand, the people will just go sorry good bye. With the rising costs on the tax-payers that keep them in their jobs, they are generally the first luxury to go.

 

[Hosehead]

The contract one is supposed to sign with a domestic stipulates holiday leave, sick leave, etc. I see loads and loads of domestics in the CCMA so there must be very few contracts around.
I believe payment is relative to the "going rate" in the area you live. In Cape town travel expenses eat a good chunk of earnings.
Remember all these domestics chat on the bus, train and taxi while waiting and travelling to/from work so they might not be a formal union but there are a collective of sorts albeit a powerless one.
These people aren't stupid they know their rights but fear of losing their jobs will keep them powerless.
And when they are dismissed or retrenched they head straight for the CCMA.

 

[Albereth]

The contract one is supposed to sign with a domestic stipulates holiday leave, sick leave, etc. I see loads and loads of domestics in the CCMA so there must be very few contracts around.
I believe payment is relative to the "going rate" in the area you live. In Cape town travel expenses eat a good chunk of earnings.
Remember all these domestics chat on the bus, train and taxi while waiting and travelling to/from work so they might not be a formal union but there are a collective of sorts albeit a powerless one.
These people aren't stupid they know their rights but fear of losing their jobs will keep them powerless.
And when they are dismissed or retrenched they head straight for the CCMA.

There is a 'minimum' wage that depends on whether you are urban or rural. In previous discussion on this topic, most people seem to pay more than the minimum.

Just because people go to the CCMA doesn't mean that they don't have a contract. The CCMA doesn't decide if there is a contract, it helps out on those issues when someone is fired and the proper and fair process hasn't been followed.

There is also this belief that the CCMA will get the person more money.

 

[Hosehead]

There is a 'minimum' wage that depends on whether you are urban or rural. In previous discussion on this topic, most people seem to pay more than the minimum.

Just because people go to the CCMA doesn't mean that they don't have a contract. The CCMA doesn't decide if there is a contract, it helps out on those issues when someone is fired and the proper and fair process hasn't been followed.

There is also this belief that the CCMA will get the person more money.

The CCMA asks to see the legal contract (The law states there must be a contract- does it not?) - if there's none, then they try to resolve the dispute, and if that fails for whatever reason- they can make monetary awards in favour of the domestic worker which can then be enforced by the labour Court which can mean the Sherriff knocking on your door to claim your Big screen TV for them.

The CCMA will get the person more money if the person went there in the first place with no money.

Agreed- in previuos discussion people generally paid more than minimum wage

 

[Rouxenator]

Do they know that suicide is an option?

 

[Albereth]

The CCMA asks to see the legal contract (The law states there must be a contract- does it not?) - if there's none, then they try to resolve the dispute, and if that fails for whatever reason- they can make monetary awards in favour of the domestic worker which can then be enforced by the labour Court which can mean the Sherriff knocking on your door to claim your Big screen TV for them.

The CCMA will get the person more money if the person went there in the first place with no money.

Agreed- in previuos discussion people generally paid more than minimum wage

Let me try and be a little more clear.

There is a contract.

Domestic not happy about something - took extra leave and has been told they are not being paid - as an example.

Domestic goes off to the CCMA.

Or watch goes missing. Doemstic is fired - and the domestic will be off to the CCMA.

There are lots of reasons why the doestic will go to the CCMA. Just becuase there is a contract, it does not mean that the domestic will not go to the CCMA.

Oh, and in order for there to be an attachment of goods a court will need to have found that you owe money and have not paid what you owe. There is no direct step from domestic whining to attachment of TV.

 

[Hosehead]

Oh, and in order for there to be an attachment of goods a court will need to have found that you owe money and have not paid what you owe. There is no direct step from domestic whining to attachment of TV.

[URL="http://tinyurl.com/d36wf73"]It works like this [/URL]

The CCMA has made a financial or monetary arbitration award in favour of an employee. An arbitration award is final and binding – although it is not an Order of the Labour Court, it may be enforced (subject to certain procedures being complied with) as if it were an order of the Labour Court. (section 143 (1) LRA). This does not apply to an advisory award. It very often is the case that the employer refuses to comply with the terms of the award – so what does the employee do? Firstly, it must be noted that, in terms of section 143(3) of the LRA, an award can only be enforced (as if it were an order of the Labour Court) when the award has been certified by the Director of the CCMA. Therefore, when an employer refuses to voluntarily comply with the award, the employee must go back to the CCMA, and complete a form LRA 7.18 (Application to certify CCMA award & Writ of Execution.) A copy of the award must be attached to the Form LRA 7.18. There are no time limitations on this process. A written statement made by the employee, to certify that the award has been served on the respondent party, must accompany the Form LRA 7.18. The service of the award on the employer is carried out by the employee, and proof of serviced is required – a fax transmission slip, registered letter slip, signature or something of that nature. That statement should include a statement certifying that the respondent has failed to comply with the requirements of the award. Part 3 of the Form is a Writ of Execution, which must be completed by the employee. The employee can also follow the above process, but can bring an application to the Labour Court in terms of section 158(1)(c) of the LRA. The same procedure applies – and the matter is heard by the Labour Court on the motion roll. The award is then made an order of the Court. The application for a Writ of Execution is then made through the Registrar of the Labour Court. In both cases, the Writ is handed to the Sheriff, who will proceed to the premises of the employer, and attach movable property that will be sold and the proceeds paid to the employee in terms of the award.

 

[Albereth]

[URL="http://tinyurl.com/d36wf73"]It works like this [/URL]

That's what he said.