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How do I dismiss a domestic worker in South Africa?

How do I dismiss a domestic worker in South Africa?

Termination of employment: How should termination of employment be conducted? Either party may terminate the employment relationship • If a domestic worker worked for six months or less, one weeks’ notice must be given • If a domestic worker worked for more than six months, four weeks’ notice must be given.

How do you fire a maid in South Africa?

If your domestic worker did not follow your work agreement and their wrongdoings did not endanger your family, you can provide her with a written warning explaining the behaviour, restating your work agreement and telling her that future offenses may result in her being fired.

How do you fire a domestic helper?

An employer and his helper alike may terminate the contract prior to its expiry by giving not less than one month’s notice in writing or by paying one month’s wages to the other party.

How do you retrench a domestic worker?

If your domestic worker works for you for more than 24 hours in a month , you need to register him/her with the Department of Labour for UIF. This is compulsory for both parties. You, the employer, will be registered as such and will receive a UIF number.

When can I dismiss a domestic worker?

A domestic worker’s contract of employment may not be terminated unless a valid and fair reason exists and a fair procedure is followed. If an employee is dismissed without a valid reason or without a fair procedure, the employee can refer the case to the CCMA.

How do you terminate a domestic helper contract?

According to the Standard Employment Contract, both the employer and the domestic helper have the right to terminate the contract by giving one month’s notice or paying one month’s salary in lieu of notice. Notice of Termination of a domestic helper must be submitted to the Immigration Department within seven days.

When Can I fire my domestic worker?

When can you dismiss a domestic worker?

When can you retrench someone?

After the consultation process has been exhausted, the employer may make its decision to retrench, and then issue a notice of retrenchment to the affected employees. The law provides for additional procedures that the employer, employing more than 50 employees, must follow when deciding to retrench.

How do I give notice to a domestic worker?

Notice must be given in writing, except when it is given by an illiterate domestic worker. The employer may not give notice during a leave period or let it run at the same time with any period of leave, except sick leave • Payment instead of notice may be paid, provided it is equal to the period of notice.

Is there a Union for domestic workers in South Africa?

Yes, there is – the South African Domestic Service and Allied Workers’ Union (SADSAWU). You can find out more about SADSAWU here. Can Domestic Workers receive training to upgrade their skills? Yes. This year a massive training project, the Domestic Workers Skills Development Project, was launched.

How does an employer dismiss a worker?

An employer can take these options to dismiss a worker: give the worker notice This means the employer tells the worker to leave work after a certain period, like a week or more. The worker must get wages for the time he or she worked, plus any leave pay (if he or she has not taken all the leave that is due).

What are the rights of a domestic worker?

Domestics are also entitled to severance pay of one week for each year of service, as well as four months’ unpaid maternity leave. All employers must register their employees for the Unemployment Insurance Fund, and are advised to sign an employment contract with their domestic worker.

What is the procedure for the dismissal of an employee?

(3) The procedure leading to dismissal should include an investigation to establish the reasons for the unsatisfactory performance and the employer should consider other ways, short of dismissal, to remedy the matter.

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