New Minimum Wages: Domestic Workers:

01 December 2014 until 30 November 2015

 

Labour Minister Mildred Oliphant has approved the new wage structure for the Domestic Workers Sector.

The minimum wages for domestic workers who work more than 27 ordinary hours per week as follows:

 

• Area A (those in major metropolitan areas) is R10.95 hourly rate, R476.68 weekly rate and R2065.47 monthly rate.

• Area B (those not covered in Area A) R9.30 hourly rate, R418.32 weekly rate and R1812.57 monthly rate.

 

The Minimum wages for domestic workers from who work 27 ordinary hours per week or less is as follows:

• Area A (those in major metropolitan areas) is R12.40 hourly rate, R334.74 weekly rate and R1450.33 monthly rate.

• Area B (those not covered in Area A) R10.98 hourly rate, R296.35 weekly rate and R1284.09 monthly rate.

 

Area A:

Bergrivier Local Municipality, Breederivier Local Municipality, Buffalo City Local Municipality,

Cape Agulhas Local Municipality, Cederberg Local Municipality, City of Cape Town, City of Johannesburg Metropolitan Municipality, City of Tshwane Metropolitan Municipality,

Drakenstein Local Municipality,

 Ekurhulen Metropolitan Municipality, Emalahleni Local Municipality, Emfuleni Local Municipality, Ethekwini Metropolitan Unicity,

Gamagara Local Municipality, George Local Municipality,

Hibiscus Coast Local Municipality,

Karoo Hoogland Local Municipality, Kgatelopele Local Municipality, Khara Hais Local Municipality, Knysna Local Municipality, Kungwini Local Municipality, Kouga Local Municipality,

Langeberg Local Municipality, Lesedi Local Municipality, 

Makana Local Municipality, Mangaung Local Municipality, Matzikama Local Municipality, Metsimaholo Local Municipality, Middelburg Local Municipality, Midvaal Local Municipality, Mngeni Local Municipality, Mogale Local Municipality, Mosselbaai Local Municipality, Msunduzi Local Municipality, Mtubatu Local Municipality,

Nama Khoi Local Municipality, Nelson Mandela, Nokeng tsa Taemane Local Municipality,

Oudtshoorn Local Municipality, Overstrand Local Municipality,

Plettenbergbaai Local Municipality, Potchefstroom Local Municipality,

Randfontein Local Municipality, Richtersveld Local Municipality,

Saldanha Bay Local Municipality, Sol Plaatjie Local Municipality, Stellenbosch Local Municipality, Swartland Local Municipality, Swellendam Local Municipality,

Theewaterskloof Local Municipality,

Umdoni Local Municipality, uMhlathuze Local Municipality and

Witzenberg Local Municipality.

 

Area B:

Areas not mentioned in Area A

Domestic Workers and Ocupational Injuries & Diseases

COIDA Preview - Domestic Workers
Published by Lexisnexis on 2 Oct 2014
Act: Compensation for Occupatonal Injuries and Diseases Act, 130 of 1993
Proposed extension of scope

Mark's View On The Changes:

The Labour Minister, Mildred Oliphant, is planning several public hearings to review this Act, in addition to the current parliamentary review. Noteworthy is the Act's proposed applicability to domestic employees.

Those of you who employ domestic employees, should note the following:
- You, as employer, will have the legal duty of registering the employee for compensation purposes
- You will have to prepare a statement of earnings for the domestic employee, to submit to the Compensation Commissioner.
- Note the general legal duties of employees as per OHS Act Section 14, specifically, looking after their own health and safety. Any breach of this duty may affect the amount of compensation they receive, if injured
- You may be liable for up front expenses such as ambulance transport (where applicable)

Labour Workshops

 

 

WORKSHOPS

 

General Labour Law – R1500,00 p/p

BARGAINING COUNCIL AND/OR BASIC CONDITIONS OF EMPLOYMENT

 

-          WHAT IS A BARGAINING COUNCIL OR THE BCEA

-           WHO ARE EMPLOYEES

 

EMPLOYMENT CONTRACTS

 

·         Who is required to have an employment contract

·         Should a contract be in writing

·         Interpreting the contract correctly:

-       FIXED TERM CONTRACTS

-       PROBATION

-       WORKING TIME

•     Hours of work

•     Overtime work

•     Remuneration for overtime work

•     Compressed working week

•     Public holidays

-       JOB DESCRIPTIONS

-       LEAVE

-       SICK LEAVE

·         Resignations

 

TRADE UNIONS

 

·         What requirements a trade union has to satisfy to exercise rights in the workplace

·         What rights a union are entitled to

·         Recognition agreements

·         How access to the workplace work

·         How deduction of membership fees work

·         When may a union elect a shop steward

·         Rights of a shop steward

·         Paid time off work for shop stewards and union officials

·         Information to which a union is entitled to

·         How to withdraw a union’s rights.

 

 

Initiator & Disciplinary Hearings – R1500,00 p/p

 

This module focuses on various instances of misconduct in the workplace and how to handle these effectively

 

MISCONDUCT

 

·         What is substantial and procedural fairness

·         Progressive discipline

 

GATHERING INFORMATION

 

·         Interview witnesses

·         Requirements of video footage, documentation, polygraph tests, objects, breathalyser tests and circumstantial evidence to be admissible as evidence.

 

APPLYING THE INFORMATION GATHERED

·         The disciplinary code of the employer

·         Deciding what action to take.

- When to issue a warning and when to hold a disciplinary hearing

 

TAKING ACTION

 

Warnings –

·         How to issue a warning

·         Record keeping

 

Disciplinary Hearings -

·         Legal requirements of serving a notice of disciplinary hearing

·         Draw up the charges correctly

·         Rights of the accused employee have

·         Preparation for hearing

·         Procedure

·         Who has the burden of prove

·         What is the burden of prove in disciplinary hearings.

·         Opening statement

·         How to lead evidence

·         Cross-examination

·         Re-examination

·         Closing statement

·         Aggravating factors

·         Appeal

·         Documentation to issue to dismissed employees

 

 

 INCAPACITY: POOR WORK PERFORMANCE & ILL HEALTH

 

·         Procedure

·         Monitoring poor performance and health

·         Duties of employer

 

DESERTION

INTOXICATION

Retrenchment Information

We have been receiving a lot of queries regarding retrenchments. Based on these queries we decided to provide a basic guide to retrenchment in order to assist Employers in following the correct procedures and Employees in knowing their rights regarding retrenchment.

Retrenchments are known as no-fault dismissals because the employment relationship is terminated as a result of the employer’s operational requirements and not due to any fault on the part of the employee. Operational requirements include the economic, technological and structural needs of the employer which may necessitate the retrenchment of employees. In addition to the existence of operational requirements, the employer can only lawfully embark on retrenchment schemes if the retrenchment is a measure of a last resort. The employer must be able to show that there were no reasonable alternatives available to it, but retrenchment.

Be aware that this is only a basic guide and that every case of retrenchment is unique and may require professional legal assistance, should you require any assistance kindly contact us.

When an Employer is anticipating retrenchment they must firstly consider alternatives to retrenchment. Alternatives to retrenchment may include but is not limited to, transfers to other positions and/or branches, implementing short-time or implementing lay-offs. 

The Employer must formally consult all relevant parties when considering retrenchment. This includes people mentioned in the collective agreement; the workplace forum; the registered trade union of affected workers or if there is no trade union, the workers or their representatives.

Employers must give the consulting party written notice of anticipating retrenchment which must contain the following information:

o the alternatives considered by the employer and the reasons for rejecting those alternatives;

o the number of employees likely to be affected by the proposed retrenchments;

o the selection method of employees;

o the time when the retrenchments are likely to be effected;

o the severance pay proposed;

o any assistance that the employer offers the employees facing retrenchment;

o the possibility of future employment;

o the number of employees that the employer has retrenched in the preceding 12 months; and

o the date, time and place when consultations will take place.

Prior to the consultation process the employee should be afforded a reasonable time within which to consider the retrenchment notice and formulate representations and proposals. The employer must afford the employee ample opportunity during the consultation process to make representations and put forward proposals about the proposed retrenchments. The parties should investigate all possible ways of avoiding or limiting the number of retrenchments. The employer must consider and respond to the representations made by its employees and if the employer does not agree with the representations put forward, then the employer must state the reasons for disagreeing. It is highly advisable that the notice contains a scheduled date and time for consultation.

Consultation Procedure:

After the retrenchment notice is sent out the employer is obliged to consult with the affected employees or their trade union representatives. It is important that although the employer foresees the need to retrench, the employer should not prematurely make the decision to retrench a specific employee or group of employees until the consultation process is completed and the employee has been given an opportunity to be heard and make representations. This is due to the fact that the employee may put forward proposals or alternatives to retrenchment which were not considered by the employer and which may result in the retrenchment process being restructured or even cancelled, partly or entirely. The failure by employers to engage in consultations with its employees as contemplated by the Act, will undoubtedly result in the retrenchment being procedurally unfair.

The employer and the consulting parties must agree on the following:

Ways of -

1.         avoiding or minimising retrenchments; -

Employees facing retrenchment should also be cautioned that if they are offered reasonable alternative employment and they refuse such alternative employment, then the employee will forfeit their right to severance pay.

2.         changing the timing of retrenchments;

3.         reducing the effects of retrenchment;

4.         choosing which workers to retrench; and on

5.         severance pay –

Employees are entitled to (1) one week’s remuneration for each and every completed year of continuous service. Nothing prevents an employer from paying severance packages to its employees which are more favourable than the statutory prescribed minimum.

Urgently note that retrenchment in an organisation with more than 50 employees may qualify as a large scale retrenchment and the Act prescribes additional requirements in this regard. It is advised that these retrenchments are done with legal assistance.

Employees who are treated contrary to the ACT, should consult attorneys immediately as disputes over retrenchments need to be referred to the Commission for Conciliation Mediation and Arbitration (“CCMA”) within 30 days from the date of that retrenchment. In the same regard it is also imperative for employers to consult attorneys before embarking on the retrenchment process to ensure that they comply with our employment laws from the commencement and throughout the process.

 www.attorneys.co.za/odonoghue

Our Labour Services

Your Rights when pulled over

What are my rights when pulled over or interacting with the police?

Short answer:  All rights afforded to you in the Constitution in conjunction with certain responsibilities.

Long answer:

Not a lot of people know what their rights and responsibilities are when interacting with law enforcement officials.

The best advice in these situations is to be neutral, observant and responsible.  

RESPONSIBLITIES:

You need to abide to the rules of the road, whether you agree with them or not. This will minimise the possibility of being pulled over, thus minimising your exposure to conflict with law enforcement authorities.

When law enforcement officials indicate you to pull over, you have the responsibility not to flee. In South Africa, you have the right to proceed to a police station. If you decide not to stop and to proceed to a police station when being followed, you must not speed away.

This does however not apply to roadblocks and you are advised to always stop at a formal roadblock.

To guard against falling victim to “blue light gangs”, follow these steps:

Be acutely aware of where you are at all times.

Indicate to the vehicle following you that you wish to proceed to a police station before stopping by doing the following:

Turn your hazard lights on and then –

Extend your right arm out of the window and with an tightly outspread hand extended into the air with your forearm at 90 degrees from your shoulder;

Gesture to them to follow you by moving your forearm forward and back to the upright, and repeat this action several times.

Drive at no more than 40km/h and proceed directly to the closest Police station.

Call 10111 and tell them that you are being followed and are proceeding to the closest police station. Provide the registration number of the vehicle that is following you so they can establish if it is a legitimate police vehicle.

If you are not sure where the closest police station is, you can ask the 10111 operator.

When you get to the police station, if there are no police personnel in sight, hoot for as long as it takes for someone to come out.

Remain in your vehicle with the engine running and the vehicle in gear and your windows wound up until such time as police from the station come out to you.

Cooperate with police personnel and the officers from the vehicle that followed you and explain that you felt intimidated and therefore proceeded directly to the police station.

If you are shouted at, do not respond by shouting back. Remain calm and respectful.

If you don’t feel comfortable reporting unfair treatment to the authorities themselves, then you can make use of any one of the following:

 Corruption Watch at www.corruptionwatch.org.za

 Crimeline by SMS to 32211

 JPSA at www.jp-sa.org

When interacting with a law enforcement official, you have the responsibility to treat the person with dignity and courtesy. Remain calm and respectful

If a law enforcement official wants to arrest you, you have the responsibility not to resist arrest in any way. If you do, you will escalate the situation. Don’t get into a fight as you will come last.

RIGHTS:

You have the right to establish the identity of any law enforcement official. You may demand to see their appointment certificate (identity card). The Criminal Procedure Act states that an officer who cannot or will not provide an appointment certificate on demand is in violation of the Act and that any actions that he or she takes will be unlawful if such a certificate is not provided.

If you demand to see the appointment certificate do so in a polite and respectful manner. If they refuse to show you their appointment certificate, do not get into an argument with them. Observe as many details as you can about them and any other officers or vehicles that may be present. The matter will only be taken further after your situation has come to an end. Do not try and litigate at the roadside or in a police station.

A law enforcement officer may not insult you, swear at you or treat you in an undignified fashion.

A male officer may not physically search a female and vice versa.

The Constitution forbids arbitrary search and seizure of your person, property or possessions. If you are stopped they must have a valid belief that you may have been involved in the commission of a crime and that a search warrant would be issued by a Magistrate or Judge if they wish to search you or your vehicle or seize your possessions.

This applies to “random pull-overs” where you are singled out by law enforcement authorities. It does not apply to properly constituted roadblocks where search and seizure is in fact authorised prior to the roadblock being set up.

If you are arrested, you must be informed of your rights immediately when you are arrested. You must be taken directly to a police station. Driving around with you in the back of a vehicle for extended periods of time is not acceptable. If this happens it is essential to let your friends and relatives know what is going on.

The eBlockwatch “panic button” can be invaluable in such circumstances as it provides tracking capabilities as well as an alert. Visit www.eblockwatch.co.za.

You are allowed to make a phone call and if you are left with your cell phone, make sure that you make such a phone call as soon as possible after your arrest.

You have the right not to make any statement to the police. It is our recommendation that you never make a statement as you could incriminate yourself unintentionally. Rather make a statement to your own legal representative.

In most cases, you will have the right to apply for bail at the police station. It is only in the case of serious crimes that your application for bail can only be heard by a court.

There is a big difference between paying bail and paying an admission of guilt fine (J70a) and you shouldn’t confuse the two.

An admission of guilt fine finalizes the matter against you and is the same as being found guilty in a court.

You have the right to be represented by a legal representative of your choice. Under no circumstances should you take legal advice from police or prosecution officials.

It is clear that the best way to avoid traumatic situations is to be calm and prepared. Keep your cool and have a friend or family member on speed dial in order to notify them of your whereabouts.

Domestic Workers - Minimum Wage

Short Answer:  See wage table below.

Long answer:

When viewing the table provided you will notice that a few distinctions are made.

If your domestic worker works more than 27 ordinary hours per month you will refer to table 1. If your domestic worker works less than 27 ordinary hours per month you will refer to table 2. After you selected the correct table you need to select either Area A or Area B depending on where you live. Area A contains a list of areas which includes Ekhuruleni. If the area you live in is not contained in the list of Area A you will automatically fall under Area B.

DOMESTIC WORKER MINIMUM WAGE INCREASES FROM 1 DECEMBER 2013

Wage Tables for the Domestic Worker Sector
Table 1		Minimum wages for domestic workers who work more than 27 ordinary hours per week
Area A
Bergrivier Local Municipality, Breederivier Local Municipality, Buffalo City Local Municipality, Cape Agulhas Local Municipality, Cederberg Local Municipality, City of Cape Town, City of Johannesburg Metropolitan Municipality, City of Tshwane Metropolitan Municipality, Drakenstein Local Municipality, Ekurhulen Metropolitan Municipality, Emalahleni Local Municipality, Emfuleni Local Municipality, Ethekwini Metropolitan Unicity, Gamagara Local Municipality, George Local Municipality, Hibiscus Coast Local Municipality, Karoo Hoogland Local Municipality, Kgatelopele Local Municipality, Khara Hais Local Municipality, Knysna Local Municipality, Kungwini Local Municipality, Kouga Local Municipality, Langeberg Local Municipality, Lesedi Local Municipality,  Makana Local Municipality, Mangaung Local Municipality, Matzikama Local Municipality, Metsimaholo Local Municipality, Middelburg Local Municipality, Midvaal Local Municipality, Mngeni Local Municipality, Mogale Local Municipality, Mosselbaai Local Municipality, Msunduzi Local Municipality, Mtubatu Local Municipality, Nama Khoi Local Municipality, Nelson Mandela, Nokeng tsa Taemane Local Municipality, Oudtshoorn Local Municipality, Overstrand Local Municipality, Plettenbergbaai Local Municipality, Potchefstroom Local Municipality, Randfontein Local Municipality, Richtersveld Local Municipality, Saldanha Bay Local Municipality, Sol Plaatjie Local Municipality, Stellenbosch Local Municipality, Swartland Local Municipality, Swellendam Local Municipality, Theewaterskloof Local Municipality, Umdoni Local Municipality, uMhlathuze Local Municipality and Witzenberg Local Municipality.
Minimum rates for the period 1 December 2011 to 30 November 2012			Minimum rates for the period 1 December 2012 to 30 November 2013		Minimum rates for the period 1 December 2013 to 30 November 2014
Hourly Rate   (R )	8.34		Hourly Rate   (R )	8.95	Hourly Rate   (R )	9.63
Weekly Rate   (R )	375.19		Weekly Rate (R )	402.96	Weekly Rate   (R )	433.35
Monthly Rate   (R )	1625.70		Monthly Rate (R )	1746.00	Monthly Rate   (R )	1877.70
Wages in Area A will be subjected to a CPI plus 1% increase for the period 1 December 2013 to 30 November 2014.  The CPI*** (for the lowest quintile) six weeks prior to 1 December 2013 has been 6,6%.This means that wages for this period was calculated as follows: CPI (for the lowest quintile) plus 1% for Area A = 6,6% + 1% =7.6%.
Area B
Areas not mentioned in Area A
Minimum rates for the period 1 December 2011 to 30 November 2012			Minimum rates for the period 1 December 2012 to 30 November 2013		Minimum rates for the period 1 December 2013 to 30 November 2014
Hourly Rate   (R )	7.06		Hourly Rate (R )	7.65	Hourly Rate   (R )		8.30
Weekly Rate   (R )	317.62		Weekly Rate (R )	344.30	Weekly Rate   (R )		373.50
Monthly Rate   (R )	1376.25		Monthly Rate(R )	1491.86	Monthly Rate   (R )		1618.37
Wages in Area B will be subjected to a CPI plus 2% increase for the period 1 December 2013 to 30 November 2014.  The CPI*** (for the lowest quintile) six weeks prior to 1 December 2013 has been 6,6%.This means that wages for this period was calculated as follows: CPI (for the lowest quintile) plus 2% for Area B = 6,6% + 2% =8.6%.

Table 2	Minimum wages for domestic workers who work 27 ordinary hours per week or less
Area A
Bergrivier Local Municipality, Breederivier Local Municipality, Buffalo City Local Municipality, Cape Agulhas Local Municipality, Cederberg Local Municipality, City of Cape Town, City of Johannesburg Metropolitan Municipality, City of Tshwane Metropolitan Municipality, Drakenstein Local Municipality, Ekurhulen Metropolitan Municipality, Emalahleni Local Municipality, Emfuleni Local Municipality, Ethekwini Metropolitan Unicity, Gamagara Local Municipality, George Local Municipality, Hibiscus Coast Local Municipality, Karoo Hoogland Local Municipality, Kgatelopele Local Municipality, Khara Hais Local Municipality, Knysna Local Municipality, Kungwini Local Municipality, Kouga Local Municipality, Langeberg Local Municipality, Lesedi Local Municipality,  Makana Local Municipality, Mangaung Local Municipality, Matzikama Local Municipality, Metsimaholo Local Municipality, Middelburg Local Municipality, Midvaal Local Municipality, Mngeni Local Municipality, Mogale Local Municipality, Mosselbaai Local Municipality, Msunduzi Local Municipality, Mtubatu Local Municipality, Nama Khoi Local Municipality, Nelson Mandela, Nokeng tsa Taemane Local Municipality, Oudtshoorn Local Municipality, Overstrand Local Municipality, Plettenbergbaai Local Municipality, Potchefstroom Local Municipality, Randfontein Local Municipality, Richtersveld Local Municipality, Saldanha Bay Local Municipality, Sol Plaatjie Local Municipality, Stellenbosch Local Municipality, Swartland Local Municipality, Swellendam Local Municipality, Theewaterskloof Local Municipality, Umdoni Local Municipality, uMhlathuze Local Municipality and Witzenberg Local Municipality.
Minimum rates for the period 1 December 2011 to 30 November 2012		Minimum rates for the period 1 December 2012 to 30 November 2013		Minimum rates for the period 1 December 2013 to 30 November 2014
Hourly Rate   (R )	9.85	Hourly Rate   (R )	10.48	Hourly Rate   (R )		11.27
Weekly Rate   (R )	265.94	Weekly Rate   (R )	285.62	Weekly Rate   (R )		304.29
Monthly Rate   (R )	1152.32	Monthly Rate   (R )	1237.60	Monthly Rate   (R )		1318.48
Wages in Area A will be subjected to a CPI plus 1% increase for the period 1 December 2013 to 30 November 201.  The CPI*** (for the lowest quintile) six weeks prior to 1 December 2013 has been 6,6%.This means that wages for this period was calculated as follows: CPI (for the lowest quintile) plus 1% for Area A = 6,6% + 1% =7.6%.
Area B
Areas not mentioned in Area A
Minimum rates for the period 1 December 2011 to  30 November 2012		Minimum rates for the period 1 December 2012 to 30 November 2013		Minimum rates for the period 1 December 2013 to 30 November 2014
Hourly Rate   (R )	8.33	Hourly Rate   (R )	9.03	Hourly Rate   (R )	9.80
Weekly Rate   (R )	224.90	Weekly Rate   (R )	243.80	Weekly Rate   (R )	264.60
Monthly Rate   (R )	974.49	Monthly Rate   (R )	1056.35	Monthly Rate   (R )	1146.51
Wages in Area B will be subjected to a CPI plus 2% increase for the period 1 December 2013 to 30 November 2014.  The CPI*** (for the lowest quintile) six weeks prior to 1 December 2013 has been 6,6%.This means that wages for this period was calculated as follows: CPI (for the lowest quintile) plus 2% for Area B = 6,6% + 2% =8.6%.