Introduction
According to statistical data, most of the global workforce is classified as informal workers. However, the pertinent question concerning domestic workers is what factors establish an employment relationship under the framework of labour law.
In the context of domestic workers, an employment relationship is established through the presence of an agreement, whether expressed verbally or in writing, wherein one party, the employer, hires the worker to carry out household duties in exchange for compensation. This relationship is generally defined by the employer’s authority over the work’s method and duration, the provision of consistent or specified wages, and adherence to relevant labour laws, including regulations on working hours, conditions, and entitlements.
The working conditions for domestic workers are as follows:
- Denial of fundamental employment rights
- Insufficient or absent access to social protection
- Absence of social dialogue
- Inadequate income
- Hazardous working conditions
Because the National Minimum Wages Act came into effect on January 1, 2019, regarding the above working conditions of a domestic worker, this legislation stipulates that the minimum wage for all workers is set at R20 per hour, except farm and domestic workers, who are entitled to R15 and R18 per hour, respectively. The minimum wage is defined as the monetary compensation for ordinary working hours, typically 45 hours per week, and does not include allowances for transportation, food, or accommodation. The statutory minimum wage cannot be waived or excluded through contractual agreements or collective bargaining arrangements. Otherwise, it will amount to unfair labour practices, and sections 191, 193, 194 (4) and 195 of the Labour Relations Act will apply.
The Labour Relations Act, 66 of 1995 (LRA), governs various aspects of employment relations in South Africa, including dispute resolution and remedies for unfair dismissals. In summary, Section 191 governs the procedure for resolving unfair dismissal disputes. Section 193 details remedies available for unfair dismissals. Section 194 limits compensation in dismissal and unfair labour practice cases. Section 194(4) sets compensation limits for unfair labour practices. Section 195 allows disputes about the interpretation of unfair dismissal provisions to be resolved by the Labour Court.
An employer is permitted to withhold employees’ earnings only in cases of non-performance of contractual obligations, excluding instances occurring during periods of sick leave, annual leave, or outside of regular working hours.
Conclusion
In most legal jurisdictions, even part-time domestic workers are entitled to specific labour protections, including equitable wages, rest periods, and social security benefits; these remedies are available under the Labour Relations Act. However, the extent of these entitlements may vary depending on the number of hours worked. The reduction in working time does not invalidate the existence of an employment relationship but may influence the extent of certain benefits and social security contributions.
As legal regulations evolve, domestic workers within the employment area must remain attentive regarding any amendments to labour law and their associated rights, as this knowledge will serve as a crucial foundation for their protection and advocacy. For further assistance, contact an attorney at Schoemanlaw Inc.
Recent Comments