PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
- Notice period and termination of employment:
- In terms of the Basic Conditions of Employment Act, any party to an employment contract must give to the other written notice of termination as follows:
One week, if employed for four weeks or less
Four weeks if employed for more than four weeks.
- Procedure for termination of employment:
Whilst the contract of employment makes provision for termination of employment, it must be understood that the services of an employee may not be terminated unless a valid and fair reason exists and fair procedure is followed. If an employee is dismissed without a valid reason or without a fair procedure, the employee may approach the CCMA for Aassistance.
Pro-rata leave and severance pay might be payable.
In the event of a domestic worker/ cook/maid/cleaner being unable to return to work due to disability, the employer must investigate the nature of the disability and ascertain whether or not it is permanent or temporary. The employer must try to accommodate the employee as far as possible for example, amending or adapting their duties to suit the disability. However, in the event of it not being possible for the employer to adapt the domestic workers duties and /or to find alternatives, then such employer may terminate the services of the domestic worker.
The Labour Relations Act, 66 of 1995 sets out the procedures to be followed at the termination of services in the Code of Good Practice, in Schedule 8
There is no prescribed minimum rate of remuneration. Additional payments (such as for overtime or work on Sundays or Public Holidays) are calculated from the total remuneration as indicated in clause 5.3 of the contract. The total remuneration is the total of the money received by the employee and the payment in kind (i.e. the value of food and accommodation etc.). Payment in kind may not be less than Rs. 100.
- Transport allowances, bonuses, increases:
These are not regulated by Basic Conditions of Employment Act and are therefore open to negotiation between the parties.
- Normal hours (excluding overtime)
work more than 45 hours a week;
work more than nine hours per day for a five day work week;
work more than eight hours a day for a six day work week; and 5.2 Overtime:
A domestic worker/ gardener/ cleaner may not work more than three hours of overtime per day or 10 hours per week.
Overtime must be paid at 1.5 times the employee’s normal wage or an employee may agree to receive paid time off.
- Daily and weekly rest periods:
A daily rest period of 12 consecutive hours and a weekly rest period of 36 consecutive hours, which must include Sunday, unless otherwise agreed, must be allowed
The daily rest period may by agreement be reduced to 10 hours for an employee who lives on the premises whose meal interval lasts for at least one hour.
The weekly rest period may by agreement be extended to 60 consecutive hours every two weeks or be reduced to eight hours in any week if the rest period in the following week is Extended Equivalently.