The New National Minimum Wage for domestic workers to be implemented from 01 March 2022

Latest Update: 10 February 2022

As of 01 March 2022, the minimum wage will increase to R23.19 per hour.

Domestic Workers Wage Increase

The increase was announced in the Government Gazette 45882, dated 07 February 2022, and this increase will bring the national minimum wage for domestic workers in line with all other employees.

Criminal Offence

An employer must be aware that it is a criminal offence to pay less than the National Minimum Wage. An employer is not permitted to engage in a negotiation with their employee/s whereby they agree to a daily wage 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 National Minimum Wage is only applicable to the 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, childminder, carer, gardener and chauffeur.

Alternatives to Retrenchment

Due to the increase in the prescribed national minimum wage, if an employer can no longer afford to retain 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.

CONTACT CAPE LABOUR.

For more information on labour law advice or services. Please feel free to contact us at Cape Labour Consultants and we will gladly assist you. Cape Labour & Industrial Consultants is a Cape Town-based providing Labour Law (Industrial Relations) and advice to employers and employees across all market segments and industries since 1987.

For more information or to Contact Cape Labour. You can find all of our relevant details here.

W.Tel no.: 021-423-3959
Cell: 082-433-8714
Fax: 021-4232105
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za