Current Minimum Wage for domestic workers from 01 January 2019 to 30 November 2019.

SCHEDULE:
DOMESTIC WORKER MINIMUM WAGE INCREASES FROM 01 January 2019.

Wage Tables for the Domestic Worker Sector
Table 1 Minimum wages for domestic workers who work more than 27 ordinary hours per week
Area A
Bergrivier Local Municipality, Breederivier Local Municipality, Buffalo City Local Municipality, Cape Agulhas Local Municipality, Cederberg Local Municipality, City of Cape Town, City of Johannesburg Metropolitan Municipality, City of Tshwane Metropolitan Municipality, Drakenstein Local Municipality, Ekurhulen Metropolitan Municipality, Emalahleni Local Municipality, Emfuleni Local Municipality, Ethekwini Metropolitan Unicity, Gamagara Local Municipality, George Local Municipality, Hibiscus Coast Local Municipality, Karoo Hoogland Local Municipality, Kgatelopele Local Municipality, Khara Hais Local Municipality, Knysna Local Municipality, Kungwini Local Municipality, Kouga Local Municipality, Langeberg Local Municipality, Lesedi Local Municipality, Makana Local Municipality, Mangaung Local Municipality, Matzikama Local Municipality, Metsimaholo Local Municipality, Middelburg Local Municipality, Midvaal Local Municipality, Mngeni Local Municipality, Mogale Local Municipality, Mosselbaai Local Municipality, Msunduzi Local Municipality, Mtubatu Local Municipality, Nama Khoi Local Municipality, Nelson Mandela, Nokeng tsa Taemane Local Municipality, Oudtshoorn Local Municipality, Overstrand Local Municipality, Plettenbergbaai Local Municipality, Potchefstroom Local Municipality, Randfontein Local Municipality, Richtersveld Local Municipality, Saldanha Bay Local Municipality, Sol Plaatjie Local Municipality, Stellenbosch Local Municipality, Swartland Local Municipality, Swellendam Local Municipality, Theewaterskloof Local Municipality, Umdoni Local Municipality, uMhlathuze Local Municipality and Witzenberg Local Municipality.

Minimum rates for the period 01 January 2019 to 30 November 2019

Hourly Rate (R ) 15.00

Area B
Areas not mentioned in Area A
Minimum rates for the period 01 January 2019 to 30 November 2019

Hourly Rate (R ) 15.00

Table 2 Minimum wages for domestic workers who work 27 ordinary hours per week or less
Area A
Bergrivier Local Municipality, Breederivier Local Municipality, Buffalo City Local Municipality, Cape Agulhas Local Municipality, Cederberg Local Municipality, City of Cape Town, City of Johannesburg Metropolitan Municipality, City of Tshwane Metropolitan Municipality, Drakenstein Local Municipality, Ekurhulen Metropolitan Municipality, Emalahleni Local Municipality, Emfuleni Local Municipality, Ethekwini Metropolitan Unicity, Gamagara Local Municipality, George Local Municipality, Hibiscus Coast Local Municipality, Karoo Hoogland Local Municipality, Kgatelopele Local Municipality, Khara Hais Local Municipality, Knysna Local Municipality, Kungwini Local Municipality, Kouga Local Municipality, Langeberg Local Municipality, Lesedi Local Municipality, Makana Local Municipality, Mangaung Local Municipality, Matzikama Local Municipality, Metsimaholo Local Municipality, Middelburg Local Municipality, Midvaal Local Municipality, Mngeni Local Municipality, Mogale Local Municipality, Mosselbaai Local Municipality, Msunduzi Local Municipality, Mtubatu Local Municipality, Nama Khoi Local Municipality, Nelson Mandela, Nokeng tsa Taemane Local Municipality, Oudtshoorn Local Municipality, Overstrand Local Municipality, Plettenbergbaai Local Municipality, Potchefstroom Local Municipality, Randfontein Local Municipality, Richtersveld Local Municipality, Saldanha Bay Local Municipality, Sol Plaatjie Local Municipality, Stellenbosch Local Municipality, Swartland Local Municipality, Swellendam Local Municipality, Theewaterskloof Local Municipality, Umdoni Local Municipality, uMhlathuze Local Municipality and Witzenberg Local Municipality.

Minimum rates for the period 01 January 2019 to 30 November 2019

Hourly Rate (R ) 16.03

Area B
Areas not mentioned in Area A
Minimum rates for the period 01 January 2019 to 30 November 2019

Hourly Rate (R ) 15.00

Claims for failure to pay any amount owing in terms of the minimum wage for domestic workers:
• There are thousands of domestic workers throughout South Africa who have lodged complaints, at the CCMA from January 2019, in regard to employers failing to comply with the minimum wage increases as cited above. These complaints have been successfully resolved by the CCMA Commissioners, either telephonically or at Conciliation / Arbitration hearings.

Compensation for Occupational Injuries and Diseases Bill amendments to help extend benefits to domestic workers

This bill, published in October 2018, by the Minister of Labour for public comment, proposes to extend benefits to domestic workers.
COIDA is a national law that provides for employees to claim compensation from the Compensation Fund for injuries, illnesses or diseases sustained in the course of their employment, or death resulting from such injuries or diseases. In its current form, COIDA expressly excludes domestic workers from the definition of “employee” and precludes them from claiming from the Compensation Fund for work-related injuries, illnesses or death.
Domestic workers injured on duty or sustain diseases stand to benefit from amendment of Compensation for occupational Injuries and Diseases (COID) Bill.
The COID Act currently excludes extending benefits to domestic workers, employed in private households, in case they are injured on duty or sustain diseases. COIDA expressly excludes the domestic workers from the definition of employee.
The COID amendments are in line with international labour standards. Both the domestic employer and employees will be required to register as such respectively in accordance with the provisions of the amended Act.

The most significant amendments proposed to the Act are to enact the provisions regulating:
• Inclusion of domestic workers under the category of employees for purposes of benefits in terms of the Act.
• Rehabilitation and Reintegration framework of injured and/or diseased employees into the workplace;
• Administrative amendments
• Improvement of some benefits

The Compensation Fund (CF) is an entity of the Department of Labour which is currently involved in establishing for Compensation for Occupational Injuries and Diseases.
The Compensation for occupational Injuries and Diseases Act applies to all employers; and casual and full time worker who, sustain workplace accident (are injured, disabled or killed); or work related diseases.
This bill may only be promulgated later in this year to include domestic workers from claiming compensation from COIDA.
The reasons why domestic workers, in private households, have been excluded from COIDA and still remain excluded are as follows:

• Domestic workers have always been a marginalised, vulnerable and exploited group, who have failed to organise themselves adequately to protect their interests. They have failed to exert sufficient pressure to become part and parcel of COIDA years ago.

On 23 May 2019, the North Gauteng High Court handed down an order declaring the exclusion of domestic workers from COIDA as unconstitutional.
This case shall assist domestic workers to become inclusive of COIDA, within the foreseeable future.
What are occupational injuries?
An occupational injury is any personal injury, disease or death resulting from an occupational accident arising from work activity. The most commonly reported injuries may constitute a bruise, sprain, cut, burn and a fall.

What are occupational diseases?
An occupational disease is a chronic ailment that occurs as a result of work or occupational activity. It is contracted as a result of exposure over a period of time to risk factors arising from work activity. The most commonly reported occupational diseases are asthma, skin diseases and diseases caused by chemical and biological agents.
Conclusion
Once the bill is promulgated and comes into effect, employers of domestic worker will need to register as employers with COIDA. Having registered with COIDA, it will protect the rights of both employer and domestic worker in households. Both employer and domestic worker need to become au fait with this Act and comply with the provisions outlined therein. It shall be an onerous task for the officials of the Department of Labour to enforce the provisions as they are already overburdened with enforcing other Acts that falls under their umbrella.

For further information you can contact Bernard Reisner:
W. Tel: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 3959
Email: bernard@capelabour.co.za