Johan Botes, director in the employment practice at Cliffe Dekker Hofmeyr, explains: "The Basic Conditions of Employment Act 75 of 1997 (BCEA) empowers the minister to lay down minimum wages for workers in various sectors. The new increase will see domestic workers earning a minimum of R8.34 per hour, R375.19 per week or R1625.70 per month (where the domestic workers work more than 27 hours per week). Where domestic workers work for less than 27 hours per week, the minimum rate is R9.85 per hour, R265.94 per week or R1152.32 per month."
Botes says the increase should come as welcome relief for this valuable, but vulnerable sector of the economy. The statutory minimum wage should not be seen as the benchmark, but rather the absolute minimum wage to be paid to domestic workers. "Employers failing to adhere to the minimum increase from 1 December 2011 should not expect any sympathy from labour inspectors should they pay a visit. A labour inspector may issue a Compliance Order to an employer who fails to pay the prescribed wage. This may be made an order of Court. The employee is also entitled to interest for arrears remuneration."
