Domestic workers and leave pay

[RedViking]

If there's no money, there's no money. It's not like the employer is carrying on, technicly they insolvent.

Updated my post.

Do you or someone maybe know what forms do one fill in or procedure to follow to do a dismissal without any severance pay?

 

[Kosmik]

Updated my post.

Do you or someone maybe know what forms do one fill in or procedure to follow to do a dismissal without any severance pay?

No idea, hence why I thought of this thread so we can ask talk about it and find out. I think the severance clauses may be suspended OR the TERS can be applied in lieu as the employee can still apply for standard uif.

 

[WalkWithMe]

But is this legal ?

Can they take you to CCMA and the case be dismissed?

This is what I am wondering about. I know if you can't do something, you can't do it. But does the law care about it?

What forms do you fill in or procedure follow to do a dismissal without any severance pay?

The key here is to make sure you are legal compliant like UIF. if that is not in place, you may be in some hurt.
The real thing is to document the process clearly with the person. You can go follow section 189 with the employee which is really consulting with them.
Look on the Labour website for the processes
Make it clear that this based on facts, so if you are personally finically stressed that you need to make this decision.

There are 3 cases where domestics goto the CCMA
1. They have been treated badly, unfairly and procedurally incorrect.
2. Labour people sit often at public transports hubs, aka Taxi ranks and offer people help against labour issues, taking a cut of the outcome. Some of these are pure sharks looking for a technicality.
3. They have been advised by someone to try there luck at the CCMA.

If you do things in a fair and dignified matter, most of the time the person will move on with their life.

The emphasis here is treat them as a human and fairly.

A legal side note, if you are able to employee again, within 6 months after a retrenchment and you are legally obliged to offer the same person the position back.

 

[RedViking]

The key here is to make sure you are legal compliant like UIF. if that is not in place, you may be in some hurt.
The real thing is to document the process clearly with the person. You can go follow section 189 with the employee which is really consulting with them.
Look on the Labour website for the processes
Make it clear that this based on facts, so if you are personally finically stressed that you need to make this decision.

There are 3 cases where domestics goto the CCMA
1. They have been treated badly, unfairly and procedurally incorrect.
2. Labour people sit often at public transports hubs, aka Taxi ranks and offer people help against labour issues, taking a cut of the outcome. Some of these are pure sharks looking for a technicality.
3. They have been advised by someone to try there luck at the CCMA.

If you do things in a fair and dignified matter, most of the time the person will move on with their life.

The emphasis here is treat them as a human and fairly.

A legal side note, if you are able to employee again, within 6 months after a retrenchment and you are legally obliged to offer the same person the position back.

A legal side note, if you are able to employee again, within 6 months after a retrenchment and you are legally obliged to offer the same person the position back.

So far everything I found online says you do not have to hire the same person. I don't know your qualification or experience so I'm not arguing , but mind showing where it says otherwise?

 

[Paul Bedford]

A legal side note, if you are able to employee again, within 6 months after a retrenchment and you are legally obliged to offer the same person the position back.

Only if you reach such an agreement during the retrenchment process, which is often the case where unions are involved. If no agreement was reached, then no, you don't need to. Source.

 

[Crush]

Paid our domestic her full salary at the end of March and will pay her full salary at the end of April too. eWalleted her an extra half-month last Friday 'cos I can...

This isn't leave IMO. If you can help folk, you should.

Just out of curiosity, what is your thinking or reasoning for the extra half month pay?

 

[NarrowBandFtw]

use a domestic cleaning service: UIF and all these other legal pitfalls become someones else's problem

that's what I do, no legal worries whatsoever ... having said that, still contributing some funds to the individual that most often does the cleaning, but it is entirely voluntary as it should be

 

[greg0205]

Just out of curiosity, what is your thinking or reasoning for the extra half month pay?

Mid-month. It's a long way to the 25th if you're in a lockdown and she'll probably need it. That simple.

 

[SauRoNZA]

Just out of curiosity, what is your thinking or reasoning for the extra half month pay?

Being a good person as opposed to most people being wankers and not paying theirs at all even though it’s beyond their control.

 

[bwana]

Paid ours today for the next couple of weeks. I had already paid them for four weeks at the start of lockdown but I've got a feeling they can really use it.

Also prepared food parcels to help tide them over. Both at the beginning of the lock down and today.