Drawing up backdated contract for domestic worker

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Sideshow Bob

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We have been paying our domestic for last 3 months full salary (for 5 day a week, standard 7.5 hours/day) but now decided that we will not be employing her anymore. We plan to pay her for another month or two at least so that she is able to find job during that time. Because of the travel restrictions, she couldn't have been able to find job earlier but now conditions are better; at least travel-wise.

She needs contractual copy & payslip for some reason; Now, I can't find contract and she doesn't have it either. I am thinking of doing a backdated contract - is that ok? Has anyone been in this situation ? On my own, I am also thinking of doing a backdated UIF payment as well (with penalty) so that she perhaps can claim for job loss.

Any thoughts?
 
Make sure you sign one - and pay the UIF penalties.

She is probably going to take you to the CCMA (and you will lose)
 
As long as the work and pay was what was agreed to at the start of employment and according to the Basic Conditions of Employment (BCE), you don't technically need a contract. The absence of a contract defaults to BCE.
 
Dairyfarmer said:
As long as the work and pay was what was agreed to at the start of employment and according to the Basic Conditions of Employment (BCE), you don't technically need a contract. The absence of a contract defaults to BCE.
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This is interesting, thanks. But, to claim from UIF, I will have to register & she has to register etc. Looking at ufiling site and it keeps on giving me "Please enter your full name/s and surname as they appear on you ID document." when I register.

:unsure:
 
surface said:
On my own, I am also thinking of doing a backdated UIF payment as well (with penalty) so that she perhaps can claim for job loss.
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Gosh... Good luck with the department of labour - I hope you don't need to get hold of them to do the registration. I've had a query open for more than 60 days and cannot get a response out of them. I've tried 3 numbers and about 8 emails - not a word.

Some info below:

How Does Domestic UIF Work? | UIF Care

Domestic UIF Care helps you register your domestic worker for UIF through the Department of Labour. Here are are few things you need to know first.
www.uifcare.co.za www.uifcare.co.za

HOW DOES PENALTIES AND ARREARS WORK?


To avoid penalties you need to ensure that you register yourself and your employees as soon as they start working for you.


Please note that if you are in arrears, by law you cannot deduct any UIF owing from your employee. You the employer will be liable for both your employees and your UIF contributions for the arrear period as well as any penalty and interest owed. You can only deduct the 1% from your employee from the current month going forward should you not have been deducting as yet.


Arrears is calculated as follows: they will calculate the 2% UIF owed per month for the period owing, a 10% penalty fee will be charged on the UIF amount owed and there is also interest charged, which is calculated daily by the finance department of the UIF, as there are fluctuations.
 
mister said:
Gosh... Good luck with the department of labour - I hope you don't need to get hold of them to do the registration. I've had a query open for more than 60 days and cannot get a response out of them. I've tried 3 numbers and about 8 emails - not a word.
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Thanks for detail info. I am trying to register on their site - no success so far. All I get is "Please enter your full name/s and surname as they appear on you ID document." No fields are marked as issue so no idea what is is looking for.
 
No luck with the UIF yet. I have sent 4 emails so far and not a single reply received. How in the world do you guys deal with this ?
 
"D" said:
We do our own dishes and make our own beds.
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yes. I am trying to get her a UIF benefit is such a thing is possible. She doesn't work with us anymore but still getting paid for last 4 months.
 
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