Domestic worker question.

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MrsCerebus

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I just have a question. I went to have a look on the government rules for firing or to put it nicer, releasing a domestic worker from her duties. I cannot find much. We currently have a lady that comes in once a week. She does not clean well, screams at my kids, while I am home, takes food without asking, she cannot even put a black bag in a bin when it does not have one, and just puts the trash in like that....well whose job is that...NOT MINE! My place is very small, a 3 bedroomed townhouse and often she cannot get the floors mopped, clothing ironed and dishes done, she comes 30 minutes late, and every week it is a few minutes later, and then she leaves promptly at 4:30..work done or not. Other days she finishes with everything at 12:30.

Another example: We had a slight washing machine flooding this week, and the state of dirt behind my washing machine and dryer...I could not believe it! Even all my cleaning agent is behind the door, away from the kids, and she has not lifted it for months to clean. She does my laundry, and I told her how many times not to touch it.

Ok enough venting. What are my rights in letting her go? I know with some friends who has a one day char, sometimes the char sends a sms that they wont be coming anymore, the evening before they have to work. Can I also promptly ask her to leave? Is it worthwhile trying to find someone else? I really need someone to help, even though I have home full day, but I have a full time job of educating two boys, and I find if I spend a whole day cleaning, they just become out of control, and hubby comes home to a big bundle of stress! It works for us to have a maid once a week, we can afford it so why not, but is it worth all the stress?
 
Yes, you cannot, unfortunately, just fire her/him/it. There are procedures among it you need to give notice and pay a certain amount for each year she has worked etc. I am unsure of the legalities regarding this but a friend got sued by his domestic worker for just firing her.
 
I would consider verbal abuse of your kids as gross misconduct, immediately issue a written warning, and if it happens again, fire her imho.
 
I work from home as well and I keep a hawk's eye on my domestic worker. She gets corrected if I see that she is messing up somewhere. You have to do that until she is properly trained and the method of cleaning is drilled into her mind.

Maybe that will improve her performance.
 
Pfft, "Listen, we are moving this weekend. Thanks for helping all this time. Here's a R200 as a token of our appreciation."
 
Is all of your paperwork in order? Is she registered for UIF and does she have a valid employment contract? If not, you might have some more problems in, erm, relieving her of her duties. As grav80 said - a once off "thanks for leaving" gratuity might help, not so sure about the "we are moving this weekend" part. :)

Good luck!
 
So even if she works for me once a week, do I have to have a contract? Where do I find something like this? No, she is not registered for UIF...seems like I have my work cut out for me. Perhaps some strong action from my side is worthwhile?
 
I speak under correction, but IIRC if she works less than 24 hours per month, those are not necessary.
 
Superjakes said:
Is all of your paperwork in order? Is she registered for UIF and does she have a valid employment contract? If not, you might have some more problems in, erm, relieving her of her duties. As grav80 said - a once off "thanks for leaving" gratuity might help, not so sure about the "we are moving this weekend" part. :)

Good luck!
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:D

I've done something similar with someone who also helped out once a week or so. I'm not saying domestics are stupid, I'm just saying she might need that R200 (on top of whatever you usually give her) money more than you think and will actually see it as more important at that point in time.
 
Domestic workers and their employers must contribute 1 percent of the wages to the Unemployment Insurance Fund as from 1 April 2003. The only condition of this is that the domestic worker works more than 24 hours a month.

And,

An employer wishing to dismiss a worker must give a week of notice if the domestic has been employed for six months or less and four weeks' notice if he or she has worked for more than six months.

https://www.labour.gov.za/find-more-info/all-about-domestic-workers/
 
You need to look at the Basic Conditions of Employment legislation. Free available on the web. I think that if a worker works no more than 27 hours per week (or is it per month??), then they are considered "casual' employees, and the procedure for the dismissal of such a worker is not as onerous on an employer, as it would be for a full-time employee ... but check the legislation ...
http://www.labourprotect.co.za/basic_conditions_of_employment_act,_bcea.htm
 
Sinbad said:
I would consider verbal abuse of your kids as gross misconduct, immediately issue a written warning, and if it happens again, fire her imho.
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This.

And when it happens again, give her two options. She can either resign and receive 1 month's (or applicable notice period) payment in advance, or get fired without pay.
More often than not they take the money.

Or change the "jobspec". Tell her you need her to start driving your kids around. Oh she does not have a car? Sorry here is your 1 month notice with pay.
 
Our nanny starts at 7:30am and we drop her off at 5:30, she gets way above minimum wage, is registered with UIF and gets lunch and groceries.
She is after all looking after our son, touch wood we have not had any issues with domestics.
 
OP, you should find out if you can poach Hemps' nanny. It sounds like a great setup he's got going there... :P
 
OP, you should find out if you can poach Hemps' nanny. It sounds like a great setup he's got going there... :P
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WE also sent her for medical and child care training.
Phones the wife if she cant make work.
Wife doesnt have to tell her anything, where she finds time to look after my kid and still iron and clean I dont know :)
She's even teaching my son xhosa words and how to draw and sing.
 
Hemps said:
WE also sent her for medical and child care training.
Phones the wife if she cant make work.
Wife doesnt have to tell her anything, where she finds time to look after my kid and still iron and clean I dont know :)
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You should find out if you can make a clone of her :D
 
iAmThePope said:
You should find out if you can make a clone of her :D
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Hell, I'd even consider voting for her!

Seriously, though - we have an awesome domestic worker. No tales of exploitation or anything, but she is great. She even gives us gifts on our birthdays and writes little notes for us when we go on holiday. I think she is a damn decent human being...
 
Superjakes said:
Hell, I'd even consider voting for her!

Seriously, though - we have an awesome domestic worker. No tales of exploitation or anything, but she is great. She even gives us gifts on our birthdays and writes little notes for us when we go on holiday. I think she is a damn decent human being...
Click to expand...

Makes you sad doesn't it, when there are genuinely really good and decent domestic workers out there to have their names and jobs's reputation degraded by some of the others
 
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