Domestic workers asked to report non-compliant employers

Domestic workers who continue to be paid less than the national minimum wage (NMW) are urged to report such infractions to the Department of Employment and Labour.

Caroline Kwetepane, the department’s Deputy Director of Advocacy and Stakeholder Relations, stated that three years after the implementation of the NMW, some employers continue to exploit and violate the law by underpaying domestic workers.

“In addition to being underpaid, domestic workers continue to be denied contracts of employment, pay stubs, registration for on-the-job injuries, Unemployment Insurance Fund payments, and leave benefits, among other breaches,” she stated.

Kwetepane spoke at the department’s domestic worker conference held over the weekend at Tshwane’s Atteridgeville Community Hall.
The event is part of the Inspection and Enforcement Services (IES) advocacy program, which aims to educate stakeholders on labor regulations and encourage compliance.

Seminar topic: “Paying the National Minimum Wage is the Right Thing to Do.”

Compliance with the Basic Conditions of Employment Act (BCEA) Sectoral Determination, including the National Minimum Wage Act; compliance with the Unemployment Insurance Fund; Compensation for Occupational Injuries and Diseases; and referral of disputes to the Commission for Conciliation, Mediation, and Arbitration were the primary focuses of the programme (CCMA).

The 2018 Minimum Wage Act went into effect on January 1, 2019. The policy intervention was implemented in accordance with International Labour Organisation (ILO) principles to enhance the living conditions of vulnerable domestic workers.

When it was established in 2019, the NMW was set at R20 per hour; since then, it has escalated.

Employment and Labour Minister Thulas Nxesi said that the NMW has been revised and increased from R21.69 (2021) to R23.19 (2022) per regular hour of work, effective 1 March 2022.

In accordance with the National Minimum Wage Act of 2018, the policy framework is a mandatory national law and a floor level below which no employee should be paid.

“It is also prohibited and an unfair labor practice for an employer to unilaterally change hours of work or other employment circumstances in order to impose the minimum wage.

” “The NMW is the amount payable for ordinary hours of labor and does not include allowances (such as payment for transportation, tools, food, or lodging), compensation in kind (board or lodging), tips, bonuses, or gifts,” Kwetepane explained.

Matome Selapisa, commissioner of the CCMA, stated that sector compliance is vital.

Selapisa stated that the NMW is mandated by law and must be paid, noting that exemptions may be requested by businesses that qualify.

According to Selapisa, the CCMA has decided over 538 instances involving the application of the NMW and Basic Conditions of Employment Act in the domestic worker sector since April 2022.

He stated that these included requests to make a compliance order an arbitration award; dismissal for operational reasons related to the NMW Act; claims for failure to pay any amount due; disputes relating to compliance orders; claims for failure to pay any amount due in accordance with the NMW Act; requests to make a written undertaking an arbitration award; unilateral changes to terms and conditions of employment; and any other dismissal related to the NMW.

In the prior time (April 2021 to March 31, 2022), the CCMA ruled on over 1,215 domestic worker cases, according to Selapisa.
He also encouraged domestic employees to file complaints with the CCMA regarding the NMW.

If an individual’s annual income is less than the ministerial level of R224 080.48, he or she may refer BCEA non-payment issues directly to the CCMA.

Domestic labor refers to labor performed within or for a household or households. It can also include a gardener, a household-employed driver, and a caregiver for children, the elderly, the sick, the fragile, or the disabled. | SAnews.gov.za