Is more pay for domestic workers coming?

The National Minimum Wage Commission recently proposed an aboveinflation rate increase for domestic workers. Public input must now be collected, after which the commission will send a final report to Department of Employment and Labour Minister Thulas Nxesi, and he will make a final determination.

What would the new 2023 minimum pay for domestic workers in South Africa be?

If the increase com es into effect, the m inim um hourly rate for dom es tic wor ker s in 2023 will be R25.05, which wor ks out to ar ound R200 per day for an 8-hour day. This m eans a dom estic worker who works 8 hours per day for 20 days per m onth will earn a m inim um of R4008.

Does the national minimum wage apply to casual workers and contract employees?

Yes . The National Minim um Wage Act 9 of 2018 (NMWA) is ver y clear that it applies to all workers and their em ployers except m em bers of the National Defence For ce, the National Intelligence Agency and the South Afr ican Secr et Ser vice. However, different sectors can have differ ent m inim um wages bas ed on collective agr eem ents called s ector al deter m inations . When it talks about “wor ker s ”, it m eans any per s on who wor ks for another and who receives, or is entitled to receive, any paym ent for that work whether in m oney or in kind.

Can an employer reduce your pay to be in line with the minimum wage? No. Em ployers cannot r educe your s alar y to be in line with the m inim um wage if they find out they have been paying you m or e. If they are paying you less than the m inim um wage, the em ployer m ust increase your pay to be at least m inim um wage or higher.

They also cannot get around the m inim um wage by changing your hours of work or other conditions of your em ploym ent, for exam ple, by telling you to com e in less days, or by taking away benefits that are part of your em ploym ent contract, like accom m odation. If they do this, it could be an unfair labour practice, as any changes to your working conditions m ust be done by dis cus s ing the s ituation with you, the worker, and by you and your em ployer com ing to an agreem ent. The em ployer also cannot threaten you with r etr enchm ent if you r efus e to accept their lower offer.

Scorpion can help you take action agains t unfair em ployer s . Make sure you have legal help when you need it. Join by going to www.scorpion.biz or leave a com m ent on our Facebook page. *This is only basic legal advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.