Nanny ill - Payment?

MightyQuin said:
Many employers have a policy that requires employees to produce a medical certificate if
they are absent from work on a Friday, a Monday or both a Friday and a Monday, or where
the employee is absent on the day before or after a public holiday.

This is not permissible as
the Act clearly provides that a certificate can only be requested where an employee is
absent from work for more than two consecutive days (in other words, three days or more).
Employers may rely on the provisions of section 23 (1) referred to above - where an
employee is absent on more than two occasions in an eight week period, but specific
reference to Fridays, Mondays and Public holidays is not allowed.
Click to expand...
There you go...you saved me having to dig around.
 
Okay, domestic worker now got a massive fright and is already on a bus back and says she will work back the days. She will still receive a warning to follow protocol. She also avoided answering my questions. Hence I think the rush decision jumping on a bus back.

My next question is an important one.

Should I still make her cappuccinos?

And can I get in trouble for removing that privilege of getting the best coffee in town from her?
 
RedViking said:
Okay, domestic worker now got a massive fright and is already on a bus back and says she will work back the days. She will still receive a warning to follow protocol. She also avoided answering my questions. Hence I think the rush decision jumping on a bus back.

My next question is an important one.

Should I still make her cappuccinos?

And can I get in trouble for removing that privilege of getting the best coffee in town from her?
Click to expand...
Be sure to have a witness when reprimanding her, and have her sign the warning letter. Also be sure to have her write down the answers to your questions.
 
The Darkness said:
Be sure to have a witness when reprimanding her, and have her sign the warning letter. Also be sure to have her write down the answers to your questions.
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I've been recording any conversations on my phone with my domestic. She doesn't know this. But I have the proof. Put anything down on paper, sign it. Keep the original, and scan in and print a copy for her.
 
JohnMao said:
I've been recording any conversations on my phone with my domestic. She doesn't know this. But I have the proof. Put anything down on paper, sign it. Keep the original, and scan in and print a copy for her.
Click to expand...

Isn't there something about having to explain rules in the employee's own language?
 
RedViking said:
I don't think this is fair. Your company you work for also pays UIF, which many had to make use of during this lockdown muckup. Why is a gardener or domestic not entitled to it?

If you refer to the problems that comes with employing a domestic and unfairness in the legal system, it is a different story. But if anyone works for any person or company for more than 24 hours a month, you and anyone else, is entitled to a contract and UIF. People are just not happy that their once "slaves" are now also having the benefits of a so called "normal" employee.

But as far as politics and the legal system goes, it is corrupt in so many ways.
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It's simple:

Garden Services
Domestic Services

Let those business owners struggle with these issues.

PS.

Drawing up a contract. paying UIF and managing leave and sick leave within the law is the 100% correct thing to do, BUT It is a huge PIA too. And your run of the mill person does not always get it right or understand the law etc.

That's why companies have HR departments AND Labor Law Consultants.

Nowadays, due to all the word of mouth and YT "labor lawyers" in townships, EVERY retrenchment or dismissal ends up at the CCMA. Another scary PIA for people that do not know how this process works.

So rather use garden services and a domestic service. It gives you complete peace of mind and there are many to choose from until you find the right fit.
 
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MightyQuin said:
It's simple:

Garden Services
Domestic Services

Let those business owners struggle with these issues.

PS.

Drawing up a contract. paying UIF and managing leave and sick leave within the law is the 100% correct thing to do, BUT It is a huge PIA too. And your run of the mill person does not always get it right or understand the law etc.

That's why companies have HR departments AND Labor Law Consultants.

Nowadays, due to all the word of mouth and YT "labor lawyers" in townships, EVERY retrenchment or dismissal ends up at the CCMA. Another scary PIA for people that do not know how this process works.

So rather use garden services and a domestic service. It gives you complete peace of mind and there are many to choose from until you find the right fit.
Click to expand...
That’s fine. It can. Use a labour consultant when retrenching and cover all bases.
What these lazy entitled employees don’t realise is that these labour laws in place actually harm them more than it protects them.
 
JohnMao said:
I've been recording any conversations on my phone with my domestic. She doesn't know this. But I have the proof. Put anything down on paper, sign it. Keep the original, and scan in and print a copy for her.
Click to expand...

I suspect that this is actually illegal, so while it is okay to keep, you cannot use it for any evidence without hurting yourself.

www.mondaq.com

Is It Legal To Record A Conversation Without Consent?

The Act sets out certain exceptions to the abovementioned rule.
www.mondaq.com

It is even stricter now with the POPI act - not only must you have her consent, you have to update them as to how long you intend to keep the information and destroy/remove the data if they request you do(within reason).
 
Gyre said:
I suspect that this is actually illegal, so while it is okay to keep, you cannot use it for any evidence without hurting yourself.

www.mondaq.com

Is It Legal To Record A Conversation Without Consent?

The Act sets out certain exceptions to the abovementioned rule.
www.mondaq.com

It is even stricter now with the POPI act - not only must you have her consent, you have to update them as to how long you intend to keep the information and destroy/remove the data if they request you do(within reason).
Click to expand...
OK thanks dude, noted. This will help.
 
RedViking said:
I don't think this is fair. Your company you work for also pays UIF, which many had to make use of during this lockdown muckup. Why is a gardener or domestic not entitled to it?

If you refer to the problems that comes with employing a domestic and unfairness in the legal system, it is a different story. But if anyone works for any person or company for more than 24 hours a month, you and anyone else, is entitled to a contract and UIF. People are just not happy that their once "slaves" are now also having the benefits of a so called "normal" employee.

But as far as politics and the legal system goes, it is corrupt in so many ways.
Click to expand...
We never knew about UIF for a foreign domestic, but hey, they're entitled to it. So we duely followed the process to get her registered...and they they said we had to pay years of backpay AND penalties.
I went grey dealing with UIF. Best of luck getting yourself legal with a domestic in this country. Anyways, now we are legal and all's well. Took 6 months to sort out.
 
JohnMao said:
We never knew about UIF for a foreign domestic, but hey, they're entitled to it. So we duely followed the process to get her registered...and they they said we had to pay years of backpay AND penalties.
I went grey dealing with UIF. Best of luck getting yourself legal with a domestic in this country. Anyways, now we are legal and all's well. Took 6 months to sort out.
Click to expand...
Can you please PM me how you got your foreign domestic registered?
 
RedViking said:
Can you please PM me how you got your foreign domestic registered?
Click to expand...
Wondering what I am going to for domestic whose a ZEP expires tonight (like for all of them on ZEP) ... Paying our domestic about 320By no l a day , she gets paid leave , bonus etc ... but no UIF - would also like to know how to resolve. But looking forward, I don't know what they are going to do if they can't get another visa , surely they all gonna become illegal ?
 
Gyre said:
I suspect that this is actually illegal, so while it is okay to keep, you cannot use it for any evidence without hurting yourself.

www.mondaq.com

Is It Legal To Record A Conversation Without Consent?

The Act sets out certain exceptions to the abovementioned rule.
www.mondaq.com

It is even stricter now with the POPI act - not only must you have her consent, you have to update them as to how long you intend to keep the information and destroy/remove the data if they request you do(within reason).
Click to expand...
You are reading that wrong. He is one of the parties in the conversation, no need for consent or disclosure. Popia will apply to the record keeping,same as any other disciplinary.
 
Kosmik said:
You are reading that wrong. He is one of the parties in the conversation, no need for consent or disclosure. Popia will apply to the record keeping,same as any other disciplinary.
Click to expand...

I see, thanks a lot. I have spent so much time with GPDR that I am used to their roles criss-crossing our own.
 
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