Labour legislation clearly states that domestics working for more than 24 hours per month require a formal contract with their employers, who should register their employees with the Unemployment Insurance Fund (UIF) and provide them with a payslip reflecting remuneration paid.
Since conflict between domestic workers and employers, like any other employment dispute, are subject to The Commission for Conciliation, Mediation and Arbitration (CCMA), failing to register domestic employees represents a legal risk to many clients.
And yet, only about 650 000 domestics have been registered with the national Unemployment Insurance Fund to date.
According to David Honeyman, executive, business development, Guardrisk Allied Products and Services, many employers fail to legalise their domestic service arrangements because - while most employers are keen to do the right thing, only few are aware that that their two-day-a-week domestic worker qualifies as an employee. Others are put off by the administrative hassle involved in formalising contracts, registering with UIF and producing a payslip, Honeyman says.
Treating employees with dignity and fairness is the right thing to do, he adds, but from a risk perspective it is in the best interests of both employers and employees to be compliant with the legislation and ensure that they have all the necessary paperwork in place.
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