Domestic workers received an early Christmas present this year courtesy of the Minister of Labour. An increase in the minimum wages payable to domestic workers was announced by the Minister on 28 November which is effective as from 1 December 2011.
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 Minister previously increased the minimum wage for domestic workers in 2008 by setting down a minimum wage (R1340.95 per month as from 1 December 2008) which was then increased on 1 December in 2009 and 2010 by the Consumer Price Index (CPI) plus one percent.
“The new increased will see domestic workers earning a minimum of R8.34 per hour or 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/R265.94/R1152.32 per day/week/month.
“Those domestic workers employed in smaller municipal area are entitled to reduced rates (R7.06/R317.62/1376.25 for those working more than 27 hours per week and R8.33/R224.90/R974.49 for those working more than 27 hours per week).”
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 the latter pay a visit. A Labour Inspector may issue a Compliance Order to an employer who fails ot pay the prescribed wage. This may be made an order of Court. The employee is also entitled to interest for arrears remuneration. Employers of domestic workers are urged to ensure that they increase the minimum wage to the prescribed level by 1 December 2011 to avoid these negative consequences for them (and to add some Christmas cheer for their domestic workers),” he adds.
The minimum rate breakdown:
Domestic Workers working MORE than 27 Hours per week:
- R8.34 per hour OR
- R375.19 per week OR
- R1 625.70 per month
Domestic Workers working LESS than 27 Hours per week:
- R9.85 per hour OR
- R265.94 per week OR
- R1 152.32 per month
Alan Straton
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For those with budgets that cannot afford any increase for their domestics, an option would be to reduce the number of hours they work by the same percentage.