Anja van den Berg
With only a few weeks left until Christmas, and even less left until everyone begins their annual December holiday travels, now is the ideal time to begin communicating with your domestic helper to plan leave dates, Christmas bonuses and expectations for 2018.
“Most employers tend to plan leave dates with staff just before the leave takes place,” says specialist litigation writer, Heidi Janit. “Most of these issues are easy to resolve, with communication and proper planning a few weeks in advance.”
Don’t delay this important discussion. This what you need to keep in mind:
- Both parties have an equal say in negotiating leave days
It is crucial that both employer and employee understand that leave days must be by mutual agreement, Janit underlines. “Neither the employer nor employee can stipulate dates that have to be adhered to. These dates need to be discussed by both parties and agreed to by both parties.”
If, in the beginning of employment, leave days were stipulated in writing by the employer, and agreed upon at the signing of this contract, those days can be enforced. However, if there was no contract in place with specified dates, then both parties have an equal say in negotiating leave times.
- Note the legal annual leave provision
In South Africa, the legal amount of leave that is allocated to domestic workers, is 15 workdays leave per annum (for those that work a standard Monday to Friday). If your domestic worker works 6 days a week, she will be entitled to more leave (1 day’s leave for every 17 days worked). It’s also crucial to note is that leave applies to ALL workers – which includes foreigners. This is according to the Basic Conditions of Employment Act.
“Should an employer require that staff work a public holiday, they are entitled to receive double pay for that day’s work”, Janit says. No person may be forced or coerced to work on a public holiday. “Also, public holidays and weekends are not calculated into leave. Leave days are strictly the days that an employee would normally be required to work.
When on annual leave, your domestic worker must still receive pay for this time. The leave that they take may NOT be deducted from the employee’s salary,” Janit stresses.
- Christmas bonus: a sticky issue
Legally, an employer is not required to pay any bonus to a domestic worker at all, and the bonus amount is completely at the discretion of the employer, says Janit. “We do our best to educate employees that a bonus is not a legal requirement – and a 13th cheque is not a requirement from employers. But this continues to be the expectation among staff.”
Hence, it is crucial that proper communication around bonuses take place at the time of signing your employment contract, and when leave periods are addressed. Make sure that your employees know that you are not obliged to provide a bonus. Janit recommends making it very clear to staff those bonuses will be based on two factors: performance and affordability.
- Circle their return date
Lastly, when it comes to leave, make sure that your staff commit to a date that they will return. “Remind them that public transport, delays on provincial highways, delays at border posts, and other factors are going to affect their return to work, and that they need to ensure that they give themselves enough time for any issues that might arise,” says Janit. “And, most importantly, if there are any issues that do arrise, they need to notify you timeously.”
Sources
SA Moms: http://samoms.co.za/holiday-season-planning-leave-bonuses-expectations-domestic-worker/
Pay Solutions: http://www.paysol.co.za/payroll-services/domestic-workers-rights/
Passop: http://www.passop.co.za/your-rights/domestic-workers-rights
South African Labour Department: http://www.labour.gov.za/DOL/legislation/acts/basic-guides/basic-guide-to-public-holidays-domestic-workers
