Retrenching our domestic worker

[Mulletman]

Hi all

My wife has resigned from her job to work as a freelancer. As a result our household income has decreased significantly and we've decided we have to retrench our domestic worker. She has only worked for us for 5 months, and we don't have a contract or any type of document indicating she is employed by us.

I would like to know what the correct retrenchment process to follow is, as well as the amount of severance pay she is entitled to. I want to make sure I've done this by the book as I don't feel like a CCMA case on my hands.

Thanks!

 

[LCBXX]

Phone the CCMA and ask them how to do it. They are very helpful as they, just like you, do not want a case on their hands.

 

[XennoX]

Biggest problem is going to be the lack of formal employment contract. The CCMA will probably grill you on that. Also severance pay is generally 1 week for every year worked.

 

[Aghori]

It depends whether she worked full-time or part time. Call the CCMA and ask them what the procedure is.

 

[Billy]

Discuss with worker, look at alternatives, get worker input.
Offer help to find new employment.
Give one months notice, with pay
Redundancy payments are one weeks pay per completed year of service, so entitlement in this case is zero.

 

[Mulletman]

Biggest problem is going to be the lack of formal employment contract. The CCMA will probably grill you on that.

That's my major concern, and why I want to avoid getting to that stage

It depends whether she worked full-time or part time.

She only works one day a week for us.

Thanks for all the advice so far

 

[Shi]

- sign letter, accepting retrenchment ... but this is proof of employment - meaning you owe her UIF
- notice of termination must be in writing
- notice period if employment is more than 6 months = 4 weeks ... think less is 1 week
- leave entitlement is 1 day per 17 days worked ... thus needs to be paid out for this
- supposed to register maid and provide payslips

LINKS:
http://www.labour.gov.za/DOL/legisl.../basic-guide-to-annual-leave-domestic-workers
http://www.labour.gov.za/DOL/legisl...uide-to-employment-contracts-domestic-workers
http://www.labourwise.co.za/labour-...onditions-specific-sectors/domestic-workers-2
http://www.labourguide.co.za/condit...determination-9-wholesale-and-retail-sector17

 

[Other Pineapple Smurf]

I hope you paid her UIF because you will get nailed on that.

 

[Uli]

If you need any help with the UIF, you can contact www.uifservices.co.za
they will sort it out quickly for you and do the back payment calculations for you. Sometimes get you registered within one hour

 

[CrazyBob]

Yoh, she's only worked 1 day a week for you for 5 months. I just told me previous domestic's that I no longer needed, that I couldn't afford them any more. Gave them a little extra something the last day. That was the end of the story.

Surely you're only gonna need to do it the 'proper' way if she has objections...

 

[Musicmp3]

One day a week? That is temporary in my view. Certainly not full time!!!

Dont think she has a case.

 

[Mulletman]

Thanks for all the help and advice so far!

Haven't paid UIF either...we just assumed that as she only works one day a week we didn't realize a contract and UIF registration and everything was required.

Will sit down with her and discuss the situation and hopefully it will be ok. I'm just trying to plan for the worst as our budget is quite tight at the moment and don't want a nasty surprise from a CCMA hearing and then I have no money to pay it with!

 

[KingRat1]

If she works for you more than 24 hours a month you are required to register her for UIF.
http://www.labour.gov.za/DOL/legisl...s/basic-guide-to-termination-domestic-workers

 

[medicnick83]

Should've done all the cleaning yourself... this wouldn't be so complicated now eh.

 

[Vegeta]

Talk to her, she might not have a problem with it. She might have had enough of your nasty as$ in any case and might welcome taking leave from your messy abode