Retrospective Domestic Worker Contract

[phoneJunky]

Hey

I have a domestic worker that has been working for me for almost 3 years part time. I do not need to register her for UIF as she works less than 24 hours per month. I did not have a contract with her since she started.

I was wondering if I can contract her retrospectively for all the years till now so that all my documentation is correct. It will also be beneficial to her since she will be able to prove that she has been working for 3 years in this house now.

Also will me paying her UIF be beneficial towards her? I heard if I terminate her job she will not be able to claim UIF if she has other part time jobs? How does my contribution help her then? It really isn't that much to pay I think, but if it is useless why bother.

Also in the domestic worker contracts I see she must have atleast 3 days leave in the year, but I never really gave her a choice as to when she can take leave. I just gave her paid leave over December. Should the 3 days be counted over and above that and should I pay it out now since she hasn't taken it?

Thanks in advance

 

[blunomore]

Hey

I have a domestic worker that has been working for me for almost 3 years part time. I do not need to register her for UIF as she works less than 24 hours per month. I did not have a contract with her since she started.

I was wondering if I can contract her retrospectively for all the years till now so that all my documentation is correct. It will also be beneficial to her since she will be able to prove that she has been working for 3 years in this house now.

Also will me paying her UIF be beneficial towards her? I heard if I terminate her job she will not be able to claim UIF if she has other part time jobs? How does my contribution help her then? It really isn't that much to pay I think, but if it is useless why bother.

Also in the domestic worker contracts I see she must have atleast 3 days leave in the year, but I never really gave her a choice as to when she can take leave. I just gave her paid leave over December. Should the 3 days be counted over and above that and should I pay it out now since she hasn't taken it?

Thanks in advance

The 3 days' leave is not ordinary leave; it is family responsibility leave. Refer to section 27 of the BCEA to see under which circumstances she can get it.

PLEASE NOTE :
The provisions for family responsibility leave do not apply to workers who work less than -

◦ 4 months for their employer
◦ 4 days a week for one employer
◦ 24 hours a month

 

[Sinbad]

I have a couple of questions about the family responsibility leave:

There is a sectoral determination stating that domestic workers are entitled to 5 days of family responsibility leave per year.

Does the 4 day per week restriction still apply to this?

If not, how does it work if she works for me 2 days a week- is it 5 consecutive days as per normal annual leave rules, or 2.5 weeks ie 5 days off work...?

 

[Paul_S]

SInbad, the way I understand it is:

If you have a domestic worker who works 4 or more days per week or 24 hours per month then you need to provide them with 5 days of family responsibility leave per leave cycle (i.e. per annum).

So if your domestic worker works 8 hours per day, twice a week they would be working at least 64 hours per month in which case they get 5 days family responsibility leave per annum.

The 4 days per week or 24 hours per month determination is in the basic conditions of employment act.
The extra 2 days is specifically for domestic workers but the 4 day/24 hours determination is still the same as in the basic conditions of employment act.

 

[Sinbad]

SInbad, the way I understand it is:

If you have a domestic worker who works 4 or more days per week or 24 hours per month then you need to provide them with 5 days of family responsibility leave per leave cycle (i.e. per annum).

So if your domestic worker works 8 hours per day, twice a week they would be working at least 64 hours per month in which case they get 5 days family responsibility leave per annum.

OK thanks. But is that 5 consecutive days, or 2.5 weeks?

 

[Paul_S]

OK thanks. But is that 5 consecutive days, or 2.5 weeks?

That would be 2.5 weeks in your case.
She/he can't put in family responsibility leave for the days she/he is not working for you.
It works the same way as sick and annual leave.

 

[Sinbad]

That would be 2.5 weeks in your case.
She/he can't put in family responsibility leave for the days she/he is not working for you.
It works the same way as sick and annual leave.

So then theoretically, if she works 2 days a week for me, 2 days for my sister and a day for my mother, she would get a full 2.5 weeks of paid leave from my family?

Doesn't seem right.

 

[Paul_S]

So then theoretically, if she works 2 days a week for me, 2 days for my sister and a day for my mother, she would get a full 2.5 weeks of paid leave from my family?

Doesn't seem right.

You're right, I went and reread the docs.
Family responsibility leave is only for employees working 4 or more days per week and 24 or more hours per month.

This is nicely worded:

Family responsibility leave does not apply to workers (permanent or temporary) that work less than:

Four months for the same employer;
Four days a week for the same employer; and
24 hours a month.

http://www.solidaritylegalservices.co.za/faq/family-responsibility-leave-2/

So your worker would have to work 4 days per week and at least 24 hours per month and have worked for you for at least 4 months before you need to grant family responsibility leave.
All three conditions need to be met.
So in your case you don't have to grant family responsibility leave at all.

 

[Sinbad]

You're right, I went and reread the docs.
Family responsibility leave is only for employees working 4 or more days per week and 24 or more hours per month.

This is nicely worded:

http://www.solidaritylegalservices.co.za/faq/family-responsibility-leave-2/

So you don't have to grant family responsibility leave at all in your case.

Cool, thanks.

That being said, we did give her leave, but just wanted to know if we were legally obliged to.

 

[blunomore]

You're right, I went and reread the docs.
Family responsibility leave is only for employees working 4 or more days per week and 24 or more hours per month.

This is nicely worded:

http://www.solidaritylegalservices.co.za/faq/family-responsibility-leave-2/

So your worker would have to work 4 days per week and at least 24 hours per month and have worked for you for at least 4 months before you need to grant family responsibility leave.
All three conditions need to be met.
So in your case you don't have to grant family responsibility leave at all.

That is what I said in my post !

 

[Sinbad]

That is what I said in my post !

True - but since there's a sectoral determination I wondered whether it applied only to the number of days granted, or whether it also waived the conditions.

 

[blunomore]

True - but since there's a sectoral determination I wondered whether it applied only to the number of days granted, or whether it also waived the conditions.

I was not aware of the sectoral determination. I wonder why they increased the number of days specifically for domestic workers ???

 

[Sinbad]

I was not aware of the sectoral determination. I wonder why they increased the number of days specifically for domestic workers ???

I would imagine because it takes them a day or two to travel between work and home in the homeland or wherever they stay...? Arranging a funeral etc long distance isn't easy.

 

[blunomore]

I would imagine because it takes them a day or two to travel between work and home in the homeland or wherever they stay...? Arranging a funeral etc long distance isn't easy.

But that would be the case for a lot of black people; not only domestic workers.

 

[Sinbad]

But that would be the case for a lot of black people; not only domestic workers.

True I guess...
Who knows how this government thinks.