DOMESTIC WORKER SECTORAL DETERMINATION Press Briefing: 15 August 2002 Structure of the presentation l Contextualize the determination l Demands on the department l Approach that we followed l Sectoral determination: wages and conditions of employment Contextualisation Background l Labour regime l 15 point plan Contextualization Process l DG report l ECC process l Promulgation Demands on the department Social partners Legislative Departmental Social Partners l Unions; Churches; Social & community groups l Levels of remuneration l Lesser or more regulation l The effect on employment Legislative demands l Legislative: BCEA l Ability of the employer to pay l Creation and retention of employment opportunities l Alleviation of poverty l Cost of living Departmental role l Political imperative: “a better life for all”; l Developmental and integrated approach; l Need to set a floor of rights first; l Skills development; l Social security; l Improved conditions of employment. Approach that we followed Integrated & developmental approach considering: l Concerns of different stakeholders; l Sufficient flexibility vs. Job retention; l Levels at which we peg the wages: Need to take the following into consideration: - Old age pension;R620,00 per month - Current wages of domestic workers. Wages How are wages set? l Area where the domestic works (areas A & B) & l Number of hours per week (+27hrs or less than 27hrs) Wages: More than 27 hours AREA A AREA B MONTHLY RATE R 800,00 R 650,00 HOURLY RATE R 4,10 R 3,33 Wages: 27 hours and less AREA A AREA B MONTHLY RATE R 614,25 R 498,42 HOURLY RATE R 4,51 R 3,66 MINIMUM WAGES Examples of councils in Area A AREA A l Bergrivier, Breederivier, Cape Agulhas, Cederberg, City of Cape Town, City of Johannesburg, City of Tshwane, Drakenstein, Ekurhulen, Emalahleni, Emfuleni, Ethekwini, Gamagara, George ; Karoo Hoogland, Kgatelopele, Knysna Kouga, Langeberg Mosselbaai, Mtubatu Local Municipality, Overstrand, Plettenbergbaai Richtersveld Saldanha Bay, Sol Plaatjie, Stellenbosch Swartland Swellendam, All councils not mentioned in Area A is in are Area B Deductions l What cannot be deducted: Breakages, supplied clothing, training or food l What can be deducted: Statutory deductions - UIF l Other deductions - Accommodation if in line with requirements, loans - Not more than 10% of the wage to be taken for each of loan or accommodation l Workers should not be worse off than before. Conditions of Employment Hours of work, Overtime l Hours of work 45 hours per week and not more than 8 hours a day if the domestic worker works more than 5 days a week l Overtime Not more than: (1) 15 hours per week and (2) 12 hours in any day inclusive of overtime. Pay to be at least one and one-half times worker’s wage for overtime done. Night work & Standby l Night work Work after 18h00 and before 06h00 the next day. l Standby Starts at 20h00 until 6h00 at R20 per standby with limitations. TERMINATION l Notice of not less than: 1 week if employed 6 months or less 4 weeks if employed more than 6 months l Certificate of service to be provided. l Provision of accommodation if employer terminates the contract earlier than allowed Written particulars of employment l Full name and address of the employer; l Name and occupation of the domestic worker, l The place of work, l The date on which the employment began; l Ordinary hours of work and days of work; l Wage or the rate and method of payment; l The rate of pay for overtime work; l Any other cash payments; l Any payment in kind; l How frequently wages will be paid; l Any deductions; l The leave entitled to; l The period of notice to terminate employment. Information concerning pay l name and address; l name and occupation; l the period in respect of which payment is made; l wage rate and overtime rate; l number of hours; l overtime hours; l hours worked on a public holiday or on a Sunday; l wage; l deductions made and l actual amount paid. Important issues l Conditions becomes applicable on the 1 September 2002. l Wages become applicable on the 1 November 2002. l Every employer to keep copy of determination; Assistance: Provincial offices Website Government Gazette l Training & awareness creation throughout SA.
Pages to are hidden for
"Domestic Worker - Workinfo.com"Please download to view full document