SA labour department wants to inspect how you treat your domestic worker – here’s how it will work
The South African department of labour wants to pilot a special inspection project, to ensure that employers are meeting the necessary requirements for employing domestic workers – paying them correctly and making sure their unemployment insurance funds are accounted for.
Earlier in June, the DOL held an innovation workshop aimed at devising ways and means to respond to changes in South Africa’s current labour market.
According to the department, one of the key findings of the workshop was the need to embark on a special “Innovation Pilot Project” which would help tackle problems in the domestic sector.
The Free State was nominated as the first province to would hold the week-long pilot with Bloemfontein, Welkom, Harrismith and Petrusburg named as the towns which were earmarked for inspections.
Speaking to BusinessTech, Labour spokesperson Josial Mothepu Ramokoena noted that the workshop and decision to institute inspections was made as a means of responding to the ever-changing world of work and the country’s current labour challenges.
“There were a number of innovations that were discussed and identified in the Innovation Workshop and coming out of that exercise Free State Province was nominated to embark on a special Innovation Pilot Project in the Domestic Sector,” said Ramokoena
“Domestic workers are regarded as vulnerable workers and the sector within which they operate was identified as one of the areas where innovation was required.”
“This came about through the issues raised which impacted on access to domestic employers (households) as well as the fact that domestic employers are often employees themselves who are normally not available during office hours.”
How will the inspections work?
According to Ramokoena, two types of inspections will be undertaken during the course of the pilot a “Desktop inspection” and an “After-hours inspection“.
A desktop inspection will be conducted by an inspector while stationed at the Labour Centre. The inspection can then be finalised without physically visiting the employer, provided all the information requested from the employer is received and the employer complies.
This is primarily done through an interview with both the employer and the employee which is conducted telephonically.
In comparison, the after-hours inspection will be conducted after normal working hours. It requires a physical visit to the employer’s household and information will be requested during the inspection with the exception of Unemployment Insurance which is required upfront.
IAn interview with the employee is conducted in person if the domestic employee resides with the employer, and telephonically if he/she commutes.
Other provinces marked for inspection
Ramokoena confirmed to BusinessTech that currently only Bloemfontein, Welkom, Harrismith and Petrusberg were the pilot areas identified for the innovation project.
“Further inspections at other towns and other provinces will be determined by the results of this Innovation Pilot Project,” he said.
He indicated that this also applied to national plans for the project, which would be dependent on both the outcome of the pilot project and an assessment of the two methods of inspection.
“Further discussions at national level will take place to decide on whether these methods are viable or not,” he said.
“Based on the outcome of those discussions the Inspector General will give further instruction with respect to the roll out plan nationally.”
What happens if you fail?
According to Ramokoena, consequences for non-compliance with either the Sectoral Determination 7 (Domestic Worker Sector); Unemployment Insurance Fund Act and Unemployment Insurance Contributions Act will result in the inspector issuing an enforcement notice which will give the Employer 14 days to comply.
“Failure to comply after the 14 days will result in the Inspector submitting a recommendation for prosecution at the Labour Court,” he said.
“Employers and employees who are not sure on the requirements of the legislation or are not sure if they comply can contact the nearest Labour Centre and they will be provided with information. Legislation and information can also be accessed from the Department of Labour website.”
Read: South Africa has more domestic workers in employment than professionals
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