Sonja Vorster
As we anticipated, the National Minimum Wage Act (NMW) came into effect on January 1, 2019.
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This affected all sectoral determinations including number seven (domestic workers) and number 13 relating to farm workers.
The National Minimum Wage for domestic workers in any area other than a farm is R15 per hour and domestic workers working on a farm is R18 per hour.
Domestic workers in a residential area, other than a farm, include your garden worker. It is very important that you get your house in order as the Department of Labour Inspectorate has explicit instructions from the Minister of Labour to ensure that this vulnerable sector of employees are inspected and followed up to ensure that non-compliance to the letter of the law is stamped out.
I feel that having a domestic worker and garden worker in your most private area, your home, makes it even more important for you not only to adhere to the legislation but also ensure that the worker is thoroughly informed and instructed.
Our crime rates show that many home invasions are from information going out of your home. If you take for granted that the worker should know what your standard in your home is, you are mistaken. I hear constant complaints from either the employer or the employee.
With the new legislation, this is now the opportunity to get your house in order. The department provides a very basic contract. I find that the contract is so basic that unfortunately, neither party is too sure what is right and what is wrong.
Obtain a correctly drafted contract of employment, disciplinary code and job description and have it implemented by explanation to yourself and your worker. Your contract must include clauses of information being given to outside parties, your needs and requirements and a full explanation of the rights of the employee.
This type of contract is vital even if your employee has worked for you for years. It is not too late to set the record right and to ensure that you are in full compliance with the act.
If readers are experiencing any complaints regarding the Unemployment Insurance Fund (UIF), please write a short note with good visibility for complaints to be sent to the Estcourt News.
Sonja Vorster is busy with the spokesperson of the department regarding concerns about UIF and difficulty people have been experiencing.
READ MORE: Labour Buzz: Firm warning for employers to abide by the National Minimum Wage
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