Beyond ‘part of the family’: Legal obligations every domestic worker employer must check

Every day, thousands of South African women leave their own families to care for other people’s homes, children and loved ones. Domestic workers clean our homes, look after children, care for elderly family members and help households function while their employers juggle work and other responsibilities.

Yet despite the vital role they play, domestic employment is still too often treated differently from other forms of employment.

Unemployment Insurance Fund (UIF) registration is delayed, payslips are viewed as unnecessary, written contracts are considered overly formal and, in some cases, paying the legal minimum is seen as enough.

Domestic workers are employees

But domestic workers are employees, and their workplace simply happens to be a private home.

“Domestic workers are employees, yet too many are still employed as though the normal responsibilities of employment somehow stop at the front door of a private home,” says Janine Kane-Berman, Chief Legal Officer at AskMandla.

“Paying correctly, registering for UIF and providing proper employment records are not acts of generosity. They are fundamental parts of being a responsible employer.”

With Women’s Month highlighting the contribution women make to households and society, Kane-Berman says employers should use the occasion to assess whether they are meeting their responsibilities.

Media personality Malcolm Wentzel has become well known for his close friendship with his domestic worker, Thembi Ubisi

Here are five questions every domestic employer should ask:

1. Am I paying a fair wage?

South Africa’s national minimum wage is currently R30.23 an hour. For a full-time domestic worker working eight hours a day, this works out to about R1,209.20 a week or R5,239.46 a month.

But while employers have a legal obligation to meet the minimum wage, Kane-Berman stresses that the minimum should not automatically be regarded as a fair wage.

“Minimum wage tells you the least you can legally pay. A fair wage asks what you should be paying for the work someone does and the realities of earning a living,” she says.

Employers can therefore consider whether the remuneration they offer reflects the worker’s responsibilities, experience and working conditions rather than simply paying the lowest amount permitted by law.

AskMandla’s Fair Wage Calculator can also help employers assess what a fair wage could look like.

2. Is my domestic worker registered for UIF?

If a domestic worker works for an employer for more than 24 hours a month, the employer is required to register and contribute to the Unemployment Insurance Fund (UIF).

For workers, UIF can provide an important financial safety net when they are unemployed or taking maternity leave.

For example, a domestic worker earning around R5,240 a month could receive approximately R13,760 over a full 121-day maternity benefit period, according to AskMandla’s calculations.

Also Read: UIF job interviews fail to follow procedures and lack integrity

A worker earning the same salary who has accumulated enough unemployment credits could potentially receive approximately R23,600 if she qualifies for and claims the full available unemployment benefit period.

“For an employer, UIF can look like paperwork. For a woman who has just had a baby or lost her job, it can mean thousands of rands when she has no salary coming in,” Kane-Berman says.

3. Does she have a written contract and payslip?

Domestic work should not become invisible simply because it happens inside a private residence.

A written employment agreement should clearly outline important aspects of the working relationship, including hours, responsibilities, remuneration, leave and notice periods.

Employers should also provide the required written information about an employee’s pay.

A payslip is more than a piece of paper. It provides a formal record of employment and earnings, which can become important when a worker needs to prove her income to open a bank account, obtain insurance or apply for credit.

“Someone can work for the same household for years and have remarkably little documentation to show for it,” Kane-Berman says.

“Formalising the relationship recognises domestic work for what it is: employment.”

4. Is she protected if she is injured at work?

Accidents can happen in any workplace, including inside the home. A domestic worker could slip on a wet floor, fall down stairs, suffer a serious kitchen injury or get hurt while performing duties around the property.

Employers therefore need to meet their obligations under the Compensation for Occupational Injuries and Diseases Act (COIDA), which provides protection when employees are injured or become ill as a result of their work.

Domestic workers must be registered for COIDA, including those who work for an employer for less than 24 hours a month.

“Good intentions are not a substitute for proper protection when something goes wrong,” says Kane-Berman.

5. Do I treat her like an employee?

Many South Africans describe a long-serving domestic worker as “part of the family”.

While such relationships can be warm and genuine, Kane-Berman warns that affection should never replace employment rights.

Being a good employer means paying wages correctly and on time, respecting agreed working hours and leave, communicating properly and creating an environment where workers can raise concerns.

“Calling someone ‘part of the family’ means very little if she doesn’t receive the basic protections she is entitled to as an employee,” she says.

Also Read: Domestic worker sues Pitso and wife for R5.7m over injuries at work

Women’s Month is an opportunity to acknowledge the contribution women make to South African households. But appreciation cannot stop at words or gestures.

For employers, the more meaningful way to show appreciation is to ensure that the women working in their homes are treated fairly and have the protections they are legally entitled to.

“The best way to show that you value the woman who works in your home is to be a good employer all year round.”

She encourages employers to ask themselves whether they are paying fairly, registering workers for UIF, providing payslips and written agreements, and ensuring workers are protected if they are injured on the job.

“If the answer to any of those questions is no, Women’s Month is a good time to fix it,” she says.

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  • Domestic workers in South Africa are legally employees and should receive rights such as fair wages, UIF registration, written contracts, payslips, and injury protection.
  • The national minimum wage for domestic work is R30.23 per hour, which equates to about R5,239.46 per month for full-time employment.
  • UIF registration and contributions are mandatory for domestic workers working more than 24 hours per month, providing financial benefits during unemployment or maternity leave.
  • Employers must register domestic workers for COIDA to provide protection against workplace injuries, regardless of hours worked.
  • Genuine employer treatment includes paying wages on time, respecting work hours and leave, and providing proper communication, beyond mere familial affection.

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