No room for abuse

IT IS simply unacceptable that people do not heed the requirements of the law when it comes to the employment of their domestic workers and gardeners.

Statistics South Africa says well over a million people are employed as domestic workers. But Labour Minister Mildred Oliphant says that less than 660 000 are registered, as required by law, with the Unemployment Insurance Fund (UIF).

This means 500 000 or more domestic workers are not protected or assured of any income if they become unemployed for any reason.

The law is there to assist both the employer and the employee and to regulate the employment relationship in a way that is fair to both. It is difficult for unions to organise or unionise the domestic worker sector and they are generally more at risk than most to exploitation.

After suffering years of abuse, long working hours and ridiculous remuneration, the law finally offers them protection and regulation.

In theory, this sort of exploitation should not be possible in 2014. But, apparently, it is. It turns out that some 40% of Buffalo City residents flagrantly disregard what has become known as the Domestic Workers Act (more formally known as Sectoral Determination 7 of the Basic Conditions of Employment Act).

The most frequent excuse given for non-compliance is that the labour department’s website is not user friendly. But ignorance of the law or an inability to navigate a website is no excuse.

While it may be true that the department’s website is not the best, the section on domestic workers contains everything anyone needs to know about what is required of an employer. One can download every document required whether it is for UIF registration or basic guides to everything from leave to overtime.

In fact, there is a single guideline document that says it all.

The easy to follow guide sets out everything from minimum wages to required working conditions (hours of work, overtime pay, deductions, annual, maternity and sick leave). The guide is available at http://www.labour.gov.za/DOL/downloads/

If for some reason people do not have access to the website, there are many labour centres and satellite offices throughout the province.

There can be no excuse whatsoever for non-compliance.

The law regulating the domestic worker sector became binding on all employers some 12 years ago. It seems almost impossible that some still do not apply it. The blitz by labour inspectors on 200 households in East London, Mdantsane and King William’s Town over the past few weeks in preparation for the domestic workers imbizo should not become a rule, not an exceptional practice. Those who are not complying with the spirit and the letter of the law protecting the rights of domestic workers must face the consequences.