Latest Update : 21 February 2023

The New National Minimum Wage for domestic workers is to be implemented from

01 March 2023.

As from 01 March 2023, the new national minimum wage will increase to R25.42 per hour, for each ordinary hour worked.

Domestic Workers Wage Increase

The increases was announced in the Government Gazette 48094, dated 21 February 2023.

Criminal Offence

An employer must be aware that it is a criminal offence to pay less that the National Minimum Wage.

An employer is not permitted to engage in a negotiation with their employee/s whereby they agree to a daily salary that is less than the National Minimum Wage.

The Basic Conditions of Employment Act ensures that no employee can receive less than what is prescribed in the Act.

National Minimum Wage

The Minimum Wage is only applicable to payment of ordinary hours of work and does not apply to allowances for transport, meals, accommodation and bonuses.

The occupation entitled “Domestic Worker” encapsulates the following job titles into the recognized definition- cleaner, child minder, carer, gardener and chauffeur.

Alternatives to Retrenchment

Due to the increase in the prescribed minimum wage, if an employer can no longer afford retaining their employee/s, it is suggested that in order to avoid retrenching their employee/s, an employer should seek alternatives by either reducing the number of working hours and/or reducing the number of days, the domestic worker works per week.

An employer cannot reduce the hours of work or days worked unilaterally as it can constitute a unilateral change to the terms and conditions of employment. Any agreement to this effect, must be agreed on freely and voluntarily and reduced to writing.

If you want to stay up to date on your rights, make sure to read the Cape Labour blog.