Domestic workers received an early Christmas present this year courtesy of the Minister of Labour. An increase in the minimum wages payable to domestic workers was announced by the Minister yesterday and is effective as from 1 December 2011.

Johan Botes, Director in the Employment practice at Cliffe Dekker Hofmeyr explains, “The Basic Conditions of Employment Act 75 of 1997 (BCEA) empowers the Minister to lay down minimum wages for workers in various sectors. The Minister previously increased the minimum wage for domestic workers in 2008 by setting down a minimum wage (R1340.95 per month as from 1 December 2008) which was then increased on 1 December in 2009 and 2010 by the Consumer Price Index (CPI) plus one percent.

“The new increase will see domestic workers earning a minimum of R8.34 per hour or R375.19 per week or R1625.70 per month (where the domestic workers work more than 27 hours per week). Where domestic workers work for less than 27 hours per week, the minimum rate is R9.85/R265.94/R1152.32 per hour/week/month. Those domestic workers employed in smaller municipal areas are entitled to reduced rates (R7.06/R317.62/1376.25 for those working more than 27 hours per week and R8.33/R224.90/R974.49 for those working more than 27 hours per week).”

Botes says the increase should come as a welcome relief for this valuable, but vulnerable, sector of the economy. The statutory minimum wage should not be seen as the benchmark, but rather the absolute minimum wage to be paid to domestic workers.

“Employers failing to adhere to the minimum increase from 1 December 2011 should not expect any sympathy from Labour Inspectors should the latter pay a visit. A Labour Inspector may issue a Compliance Order to an employer who fails ot pay the prescribed wage. This may be made an order of Court. The employee is also entitled to interest for arrears remuneration. Employers of domestic workers are urged to ensure that they increase the minimum wage to the prescribed level by 1 December 2011 to avoid these negative consequences for them — and to add some Christmas cheer for their domestic workers,” he adds.

For more information:
Johan Botes, Director, Employment practice, Cliffe Dekker Hofmeyr,
Tel: +27 (0)11 562 1124 or email: johan.botes@dlacdh.com

Andrea Collocott, Head: Marketing, Cliffe Dekker Hofmeyr,
Tel: +27 (0)11 562 1281 or email: andrea.collocott@dlacdh.com

Angela Graham, Tel: 073 505 9012 yeahwrite@worldonline.co.za

Notes:
Cliffe Dekker Hofmeyr is one of the largest commercial law firms in South Africa with some 115 directors/partners and 250 qualified lawyers located at offices in Johannesburg and Cape Town.

Cliffe Dekker Hofmeyr lawyers specialise in services covering the complete spectrum of business legal needs in 11 core areas of practice. The firm also has dedicated sector-led teams consisting of lawyers with experience in a wide range of industries and the public sector.

Cliffe Dekker Hofmeyr is the South African member firm of DLA Piper Group, an alliance of legal practices, which includes firms with offices around the globe that are affiliated to members of the DLA Piper Practice but are not themselves members of it.

Cliffe Dekker Hofmeyr's Africa practice, in conjunction with DLA Piper Africa Group, is unrivalled in terms of pan-African legal services and geographical coverage.

DLA Piper is an international legal practice with over 3,500 lawyers located in 30 countries and 69 offices throughout Asia, Europe, the Middle East and the US.

For further information, please visit www.cliffedekkerhofmeyr.com