Sectoral Determination 7 that governs the conditions of employment of all Domestic Workers in South Africa has been amended to reflect the increased minimum wage from 1 December 2016. Domestic Workers (including independent contractors and those employed by agencies) includes housekeepers, gardeners, nannies, domestic drivers, etc. The Sectoral Determination regulates and sets minimum wages, working hours, number of leave days and termination rules, but does not apply to Domestic Workers on farms or who are covered by bargaining council agreements. Matters not dealt with in the Sectoral Determination are regulated by the Basic Conditions of Employment Act.The new Minimum Wage rates for Domestic Workers from 1 December 2016 are as follows:
Area A ( includes major metropolitan areas in South Africa)
- An employee that works more than 27 hours per week, an hourly rate of R12.42
- An employee that works less than 27 hours per week, an hourly rate of R14.54
Area B (All areas not covered in Area A)
- An employee that works more than 27 hours per week, an hourly rate of R11.31
- An employee that works less than 27 hours per week, an hourly rate of R13.53
Note that a Domestic Worker who works for less than four hours on any day must be paid for four hours’ work on that day. It is a legal requirement that all employers of Domestic Workers comply with paying at least these new minimum wage rates, as well as all the other provisions of the Sectoral Determination. It is strongly advised that a written Contract of Employment is put in place between the Employer and the Domestic Worker.
Details of Sectoral Determination 7 can be found at the following URL:
http://www.labour.gov.za/DOL/legislation/sectoral-determinations/sectoral-determination-7-domestic-workers
By Kevin Alborough, Chairman