FREQUENTLY ASKED QUESTIONS

FREQUENTLY ASKED QUESTIONS

Below are a list of questions that we get asked the most. In the event that you have a question that is not addressed below, please feel free to get in touch with us and we will gladly assist you.


We endeavor to keep our clients informed regarding the statutory requirements and legal aspect of employing a domestic worker, nanny, au pair, caregiver, cleaners etc. When employing any of the above workers, we strongly urge that you adhere to the rules and regulations set out for these workers.


Failing to adhere to these legal and statutory requirements could potentially expose you to legal action and penalties by an employee or the South African Department of Employment and Labour. If you need assistance in complying with said legal and statutory requirements, we will gladly assist you to ensure that your matters are in order.

GENERAL

How does the process work and what is your placement fees?

Our Process and Placement Fees can be found under the PROCESS & FEES page or by clicking the link below. 

PROCESS & FEES →

How does the Guarantee Period work?

Domestic Angels allows you to select a Guarantee Period with your placement. The placement fee you pay, corresponds with the Guarantee Period you have chosen. The Guarantee Period, allows you the opportunity to replace your candidate (free of charge) within the selected period, in the event that you are dissatisfied with your initial selection of candidate. 

Where can I view your candidates that are available for interviews.

Simply fill out our application form on our "Contact Us" page. Once you submit our application form, we will create a Dashboard Profile for you on our hiring platform. We'll send you an email of how to login to your profile, where you can view all candidates that we have matched to your needs. Just click on the APPLICATION FORM link below to get started.

APPLICATION FORM →

Who are considered to be domestic workers?

Domestic workers are employees who work 24 hours or more per month, in and around the house of their employer. These individuals are domestic workers, gardeners, domestic drivers, persons who look after children (nannies), caregivers looking after the aged, sick, frail, or disabled persons in a private household. It does however not include farm workers.

Do I need to sign a contract of employment with my domestic worker, nanny, caregiver etc.?

Yes! The Basic Conditions of Employment Act requires employers to conclude a written employment agreement with their domestic workers, gardeners, and childminders (including drivers of children) and those who look after the sick, aged or disabled in private homes.

What is the advantage of having an employment contract?

The requirements of having a contract of employment with your employee, holds more value to you, the employer, than you can think. Sectoral Determination 7 compels the employer to issue the domestic worker with written particulars of employment such as hours of work, overtime, payment for overtime, night work, standby, meal intervals, rest periods, payment for work on Sundays and public holidays. Having a signed contract of employment also fosters a better employer/employee relationship as it stipulates the nature of the employment and duties and leaves no opportunity for misinterpretation and thus prevents disputes from happening. Employing a domestic worker is a business transaction like any other, and you and your employee will be far better protected if you have taken the appropriate legal steps from the outset.

How to be compliant as an employer of a domestic worker?

For an employer to be compliant, you need to register your employee for UIF and COIDA. There are also other requirements that need to be met. These requirements are stipulated in Sectoral Determination 7 (Domestic Workers). These include 1) having e contract of employment, 2) time-keeping schedule at work, 3) recording remuneration on weekends and public holidays and over-time, 4) provision of pay slips and 5) recording leave types.


What must I pay my domestic worker?

With effect 1 Mar 2023, the National Minimum Wage will increase from R 23.19  to R25.42 an hour, for domestic workers. If a domestic worker works eight hours a day, five days a week (40 hours), the individual should be earning a minimum of R 4,067.20 over a 4-week period (160 hours per month). You also need to review the employee's salary at least once a year. Please note that this is the legal minimum and is not necessarily market related. It is just a starting point and for domestic workers with no experience and qualifications. If your employee is experienced, holds special qualifications or skills, works longer hours, or is required to do more complex duties, then the wages need to be adjusted accordingly. You are also required to provide your domestic worker with a pay slip every month, showing hours worked, wage rate, and any deductions and overtime worked and paid.

Do I need to pay my employee overtime?

Anyone who works more than the agreed working hours, as per their employment contract, must be paid overtime. Overtime can be grouped into Normal overtime and Double pay overtime.


Normal overtime is when the employee (domestic worker) works any extra hours outside of the stipulated working hours in the contract of employment (maximum of 40 working hours per week), from Monday to Saturday. These hours must be paid at 1.5 times the normal hourly pay. By way of an example, if your domestic worker receives R23.19 per hour, normal overtime pay will be R23.19 x 1.5, which equates to R34.79 per hour.


Double pay overtime is when an employee works extra hours on a Sunday and public holiday. Again, by way of example, if your domestic worker gets paid R23.19 per hour, the overtime will be R23.19 x 2, which equates to R46.38 per hour. It is important to note that an employee (domestic worker) may not be forced to work on Sundays and public holidays.

What are the hours of work for a domestic worker?

Legislation stipulates that a domestic worker should work no more than 45 hours a week and should not work more than nine hours a day if they work a five-day week, or more than eight hours a day if they work for more than five days a week. A 9-hour day includes a 15-min tea break and 45-min lunch.

A Domestic worker should work no more than 15 hours a week overtime, and no more than three hours on any one day. They should also receive double pay on Sundays or public holidays.


Employers whose domestics live on the property may deduct 10% of their salary for accommodation, providing the accommodation complies with the minimum standards laid down in the legislation.

What are the rights of an employee?

An employment relationship must be built on mutual trust and the rights of both parties. Both employees and employers have very specific rights in terms of common law and labour legislation. It is very important to balance these rights and this is pivotal to a fair and successful employer/employee relationship.


One must also remember that with every right there is an obligation. Thus, the rights of the employee is therefore the obligations of the employer and vice versa. The rights of the employer are the obligations of the employee.


Employees have the following rights:

1.  Not to be unfairly dismissed or discriminated against.

2.  To be provided with appropriate resources and equipment.

3.  To have safe working conditions.

4.  To receive the agreed remuneration on the agreed date and time.

5.  To receive fair labour practices.

6.  To be treated with dignity and respect.

7.  To non-victimisation in claiming rights and using procedures.

8.  To leave benefits and other basic conditions of employment as stipulated in the Basic Conditions of Employment Act.

UIF (Unemployment Insurance Fund)

Do I need to register and pay UIF for my domestic worker?

Yes! Unless your domestic worker works less than 24 hours a month, the employer is legally obliged to register the worker for UIF and make monthly payments to UIF, or yearly, by arrangement. These payments are a 1% contribution from the employer plus a 1% deduction from the employee's wages.

What must I do if my domestic employee has been in my employment for some time and is not registered for UIF?

You need to register your employees for UIF as soon as they are appointed in their job. If you have not previously registered your employee, you are required to register them immediately and pay UIF - backdated to their original date of employment. Because you would not have deducted UIF contributions, you as the employer will be liable for both the employer's and employee's contribution that are in arrears and may not deduct any contributions retrospectively from the employee. You will also be liable to pay a penalty, which is usually 10% of the arrear’s contributions.

What if my domestic worker also works for someone else? Must I still register him or her for UIF?

If you have employed a domestic worker and that person works for you, for 24 hours or more per month, it becomes your responsibility to register them for UIF and COIDA. If that same employee also works for someone else, it is the responsibility of the other employer to also register the same domestic worker for UIF and COIDA under their name.

What will happen if I don't register my Domestic worker for UIF?

UIF registrations and payments are legally required for all households and business. Failing to register your employee for these, can result in penalties and you facing legal claims down the line or being dragged to the CCMA

COID (Compensation for Occupational Injuries and Diseases)

What is COIDA

COIDA is short for Compensation for Occupational Injuries and Diseases Act, No 130 of 1993. It used to be referred to as simply workers compensation. The purpose of the Act is to provide for compensation for disablement caused by diseases that are sustained/contracted, or occupational injuries by employees in the course of their employment, or for death resulting from such injuries or diseases, and to provide for matters connected to it.” As of March 2021, Domestic workers must be registered for COIDA. If you fail to register your domestic worker, you will be opening yourself up to substantial penalties and possible claims in the event your employee is injured at work.

Who must register for COIDA?

According to prescription, anyone who employs one or more part-time or full-time workers must register with the Compensation Fund and pay annual assessment fees.

Must I register my domestic worker for COIDA?

Yes! In order to protect yourself, the employer, against civil claims if any employee gets injured on duty or if the employee gets sick with “Occupational Diseases”. When an employee gets injured or contracts occupational diseases, they can claim compensation. Compensation can be claimed for permanent or temporary disablement. If an injury on duty arises, they will cover reasonable medical expenses. If further medical treatment is needed, and if the extent of disability will be reduced by it, the compensation is payable for two years or longer. 

What will happen if I don't register my Domestic worker for COIDA?

COID registrations and payments are legally required for all households and business. Failing to register your employee for these, can result in penalties and you facing legal claims down the line or being dragged to the CCMA

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