Pretoria - The Department of Employment and Labour has called on domestic workers forced to endure exploitation, abuse and being paid below the national minimum wage to report these violations to its nearest offices.
The call was made during the department’s domestic worker seminar at the Atteridgeville Community Hall over the weekend.
The workshop formed part of the department’s inspection and enforcement services branch advocacy programme to educate stakeholders on labour laws and promote compliance within the sector.
Deputy director for the department’s advocacy and stakeholder relations, Caroline Kwetepane, said despite it being three years since the introduction of the National Minimum Wage, they found employers were still violating the law by underpaying domestic workers.
Kwetepane said in most instances they found that in addition to being underpaid, domestic workers were not given contracts of employment, not handed payslips, not registered for injuries on duty, not registered for UIF benefits and not extended leave benefits, among other things.
She further explained that the move by President Cyril Ramaphosa to sign the National Minimum Wage Act, which came into effect on January 1, 2019, was in line with the International Labour Organization convention to improve the living standards of vulnerable workers.
This meant that the minimum wage was fixed at R20 an hour, and then later increased following reviews and adjustments by Employment and Labour Minister Thulas Nxesi, moving it to R21.69 in 2021, and eventually to R23.19 for each ordinary hour worked for the year as of March 1, 2022.
“In terms of the National Minimum Wage Act, the policy framework is a binding law of the country and a floor level below which no employee should be paid. It is illegal and an unfair labour practice for an employer to unilaterally alter hours of work or other conditions of employment in implementing the minimum wage.”
The minimum wage is the amount payable for ordinary hours of work. It does not include payment of allowances such as for transport, tools, food or accommodation, payments in kind, board or lodging, tips, bonuses and even gifts, Kwetepane detailed.
She said similar seminars had already been held in KwaZulu-Natal, Mpumalanga, and Limpopo, with workers raising the same issues regarding payment discrepancies.
“We know that many people are fearful of losing their jobs but we are not going to simply walk in and tell employers that a complaint has been filed. We conduct proactive visits and door-to-door to verify compliance in general so workers should not fear coming forward.”
In the event that workers were fired as a result of raising issues of non-compliance by an employer, Kwetepane said the Commission for Conciliation, Mediation and Arbitration (CCMA) remained a viable option for unfair dismissals.
CCMA commissioner Matome Selapisa said compliance in the sector was key, with the commission having already adjudicated over 538 cases related to the implementation of the minimum wage and Basic Conditions of Employment Act in the sector.
Selapisa also encouraged domestic workers to report their grievances to the CCMA, which regularly dealt with applications regarding compliance with the national minimum wage, failure to pay any amount owing, compliance orders and others.
Domestic workers commemorated the International Domestic Workers Day on June 16 this year by marching to the department's offices in Pretoria.
Pinky Mashiane, the president of United Domestic Workers of South Africa, said they had opted to march to the department’s offices as there were a lot of violations happening in the sector unabated.
Mashiane said although on paper much had been committed by the government, there existed no labour inspectors visible within the sector, with workers battling to find anyone to help them deal with non-compliant and abusive employers.
“Domestic workers are still exploited and suffering daily in most provinces from Mpumalanga, Bloemfontein, Sebokeng and they complain of the services they get and the regular abuse and insults from labour officials,” said Mashiane.
Pretoria News