Domestic worker holiday pay?

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MrsCerebus

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So we have a domestic worker that comes in once a week. She works from 8:30 till 4:30. She has been with us for a year now. My question is: she will be going on holiday from the 14th of December, till the 6th of January. (BTW - I was told she was going not asked!!!:mad:). Do we pay her regularly over this time, or not? Is she seen as a casual worker or a permanent employee? She will probably get a small bonus, and I will get her a gift for Christmas....but does she require holiday pay?

Any advise would help!
 
MrsCerebus said:
So we have a domestic worker that comes in once a week. She works from 8:30 till 4:30. She has been with us for a year now. My question is: she will be going on holiday from the 14th of December, till the 6th of January. (BTW - I was told she was going not asked!!!:mad:). Do we pay her regularly over this time, or not? Is she seen as a casual worker or a permanent employee? She will probably get a small bonus, and I will get her a gift for Christmas....but does she require holiday pay?

Any advise would help!
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would you want pay during leave?
 
If I babysat a baby on once a week basis, I would not get pay if I or my employers went on holiday! A friend of mine is an aupair, she works for the family 3 afternoons a week. She wont be getting holiday pay! So yeah, what is my domestic workers rights?
 
Do you want her to clean your house on the 7th?
 
Do you have an employment contract with her and if so, what is stated in the contract?

I'm a bit out of the loop, but once a week should most probably fall under casual labour? If so, then no need for holiday pay.
 
I tend to pay mine for the days she would have worked and a little bonus as well.

But thats me, not sure whats legislated.
 
Perhaps I need to just contact the department of labour. I personally feel:

In the labour website it states: "Both the employer and worker must agree to the timing of leave. If they cannot agree, the employer makes the final decision." - She did not actually discuss this matter with me, she just came and told me. Which gives me the feeling she finds herself a casual employee, as if I am casual somewhere I have to right to say when I am available or not. A permanent employee would put in leave...which now does not put me in the position to have to pay her on her holiday.

@Bwana - she is due back at my home on the 9th of January.

No, I do not have a contract with her, but I need to make sure how to set up one, as I see these things are actually becoming issues!
 
she's not entitled to that amount of leave for 1 day a week working for you. you need to look at the labor department rules they have the entitlements there.
 
MrsCerebus said:
@Bwana - she is due back at my home on the 9th of January.
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Which I take it means she works Wednesdays? In that case she'll only be taking two days leave due to Boxing Day.
 
MrsCerebus said:
Perhaps I need to just contact the department of labour. I personally feel:

In the labour website it states: "Both the employer and worker must agree to the timing of leave. If they cannot agree, the employer makes the final decision." - She did not actually discuss this matter with me, she just came and told me. Which gives me the feeling she finds herself a casual employee, as if I am casual somewhere I have to right to say when I am available or not. A permanent employee would put in leave...which now does not put me in the position to have to pay her on her holiday.

@Bwana - she is due back at my home on the 9th of January.

No, I do not have a contract with her, but I need to make sure how to set up one, as I see these things are actually becoming issues!
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If you do not have a contract then I suggest you read: https://www.labour.gov.za/legislati...uide-to-employment-contracts-domestic-workers

Just remember that many people that work in lowly jobs have access to people who know the law.
 
Thanks BWANA! Yeah @Billy - that is why I need to be sure. She is not super on the spot with things, but you just never know, and I certainly will rather pay the R300 than get into trouble!
 
MrsCerebus said:
Thanks BWANA! Yeah @Billy - that is why I need to be sure. She is not super on the spot with things, but you just never know, and I certainly will rather pay the R300 than get into trouble!
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I hope that you are registered with UIF, before you even think of going near the Dept of Labour. More than 24hours per month equals UIF registration.
 
MrsCerebus said:
....

No, I do not have a contract with her, but I need to make sure how to set up one, as I see these things are actually becoming issues!
Click to expand...

That is your problem right there. Under normal circumstances casual staff do not qualify for paid or sick leave but your in the situation where getting advice on the topic from a labour expert is guaranteed to cost you more than a few years paid leave.

Its up to you but I would just pay her and consider it as her Christmas gift/bonus.
 
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