There may come a day when you decide that you’ve had enough! Perhaps it’s the perpetual lateness, the petty pilfering, the bad attitude or one burnt shirt too many. You can’t take any more – it’s time to fire your domestic worker!
STOP!
Before you fire anybody, you need to know what to do or you’re setting yourself up for a whole heap of trouble. Marvellous Maids would like to present a brief synopsis.
FACT: You can’t just fire someone summarily. No matter what the incident or provocation (theft; drinking etc). |
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On the subject of leave for our domestic workers. What exactly are they entitled to?
ANNUAL LEAVE
....The annual leave entitlement is 21 days (this is equivalent to 15 working days). In terms of the law this can be taken as and when due; so if the worker has worked for 4 months, she may then take a week’s leave or save it up to take all 3 weeks at once.
The law does allow for negotiation about when the leave may be taken, should there be no consensus, the employer has the ultimate say. However, it is wise to plan in advance and ensure that you and your employee know well in advance when leave should be taken. So if December is a busy time of year for you, or you are in the hospitality business it would be wise to put into the employment contract that a condition of employment is that leave is not taken during the busy season. You can always add an addendum to your contract; this must be in writing and be accepted and signed by both parties. |
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In our last article we discussed the provisions of leave – this time we’ll be discussing the habitual problem:
What do you do when your domestic worker doesn’t return from leave?
Whatever you do, DON’T employ somebody else! Yet!
It is important that you act within the law; otherwise you may find yourself in the awkward position of employing two people! Or worse, being taken to the CCMA for unfair dismissal; and standing to lose and being liable for a year’s salary! Scary story but it happens.
The reality is that a lot of people, who wish to leave a job, don’t always act correctly or procedurally. They prefer to just disappear (most often after the leave period). It’s partly down to culture (they are embarrassed about wanting to leave); lack of education (how to give notice correctly) and not understanding the consequences (losing a good reference). However, it leaves the employer in an awkward limbo land of “are they coming back or not?”
So what do you do? |
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We are asked on a daily basis about having domestic workers tested for HIV/Aids. The short answer is NO.
Of course you may ask someone to be tested and even make the arrangements with your own medical practitioner for the test to be done, but you cannot demand that someone be tested or make his or her employment dependant on their agreement to be tested.
Should your domestic worker agree to be tested for HIV/Aids, he or she will have to sign an informed consent form even before blood may be drawn. The worker will receive counseling before the test and will be asked if they are undergoing testing as a pre-condition of employment. They will then be counseled that they are not legally obliged to undergo the test or to inform their employer of the results.
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We do recommend that everybody has their own bank account. It is however, a reality that it is often difficult for people to open a bank account on their own, especially when their primary residence is their live-in job. It is often useful to assist your employee in opening a bank account. In our experience, it is best to open a simple ‘Mzansi’ savings account which has very low bank fees. F.N.B has a good track record in opening bank accounts with very little effort. You will need to provide, the bank, with the following: - Letter from employer saying that:
- The employee is employed by them and stating the monthly salary
- The employee is resident at the employer’s residence
The letter needs to be accompanied by: - A copy of the employer’s I.D
- A copy of the employer's utility bill (for proof of residence – electricity; water; phone etc also acceptable)
- A copy of a salary slip for the employee
- A copy of the employee’s identification book/refugee status
The employee needs to go in person, with all of the above. For a person who is sleep out, they will need a copy of a utility bill or other suitable documentation to prove their address. |
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