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An investigation to assess whether or not the employers of domestic workers do comply with the minimum conditions of employment as laid down in: Sectoral determination 7: Domestic worker sector.

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Average number of domestic workers granted sick leave Average days granted for sick leave. Average number of domestic workers granted maternity leave Average months granted for maternity leave.

Table 2  Table 3  Table 4  Table 5  Table 6  Table 7  Table 8  Table 9  Table 10  Table 11
Table 2 Table 3 Table 4 Table 5 Table 6 Table 7 Table 8 Table 9 Table 10 Table 11

INTRODUCTION

STATEMENT OF THE PROBLEM

According to COSATU (2005, p. 5), most employers of domestic workers are not implementing Sectoral Definition 7: Domestic Workers Sector. But the present researcher is of the opinion that employers of domestic workers are not in compliance with what is defined by Sectoral Definition 7: Domestic Workers Sector and domestic workers are afraid to report such incidents to the Department of Labor as required by law.

HYPOTHESIS

PURPOSE

OBJECTIVES

MOTIVATION

The purpose of this research is to provide information about what domestic workers are experiencing during this transitional period. The second chapter will provide information on what has been achieved by government intervention and some of the challenges faced by domestic workers and employers (Department of Labor, 2003, para.3).

OVERVIEW OF CHAPTERS

Specific regulation plays a very fundamental role: it recognizes domestic workers and the work they perform. Chapter two will look at the regulations provided, general information on domestic workers and identify issues associated with domestic work in South Africa.

INTRODUCTION

DOMESTIC WORKERS

White women were moving into office and industrial jobs, but black women still made up 60% of all domestic workers. It is estimated that 35% of black women and 23% of black women are employed as domestic workers.

  • Deprivation of a social life
  • Deprivation of a family life
  • Privacy
  • Emotional role
  • Job insecurity
  • Market mechanism does not operate effectively
  • The need for labour market policy in South Africa
  • HIV/AIDS and minimum standard of living

COSATU noted that many domestic workers did not know their organizational rights (COSATU, 2005, p.3). According to Naude (2003, p.l) in the region of this study (Msunduzi area) it was found that almost 15% of domestic workers were unionized and belonged to SADWU.

FIGURE 1: Poverty incomes below the minimum living levels, 1989-2001
FIGURE 1: Poverty incomes below the minimum living levels, 1989-2001

DOMESTIC WORKERS UNDER THE COMMON LAW

Most domestic workers are breadwinners supporting extended families, HIV/AIDS orphans left behind by relatives. According to Delport (1992, p. 7), the common law covering domestic workers does not place a limit on normal working hours or overtime.

NEED FOR LABOUR RELATIONS POLICY

It is a well-known fact that domestic workers are not highly unionized like employees in other sectors (Markham, 1987, p.26). Their intervention did not give domestic workers the opportunity to fight for their rights, as the counseling offices act on behalf of the domestic worker.

NEED FOR MINIMUM WAGE

The NMC and the domestic help committee disagreed about the inclusion of domestic helpers in this law (Lessing, 1994, p. 177). If minimum wages are enforced which results in employers only having to use domestic workers for a limited period, the domestic workers will incur extra costs Lessing (1994, p. 181).

WORKING HOURS

Some domestic workers live far from their place of work, this can lead to inconvenience due to transportation problems and having to travel long distances to be on time for work. Lessing (1994, p. 180) stated that hiring someone once or twice a week usually means losing free food and lodging for the domestic worker.

LEAVE

DEDUCTIONS

GOVERNMENT INTERVENTION IN THE DOMESTIC LABOUR MARKET

Skills development Act

This SETA aims to set standards against which the existing skills of domestic workers can be measured (Skills Development Act no. In this regard, the Department of Labor (Pietermaritzburg), in collaboration with ICESA, offered workshops for domestic workers.

Code of conduct and information brochure

The basic conditions of employment Act 3 of 1983

This Act applies to the employment of all domestic workers in the Republic of South Africa, including domestic workers. Domestic workers were excluded from any labor law protection until January 1994 and November 1995, when the Basic Conditions of Employment Act 3 of 1983 and the Employment Relations Act of 1956 were extended to domestic workers, respectively.

SECTORAL DETERMINATION 7: DOMESTIC WORKER SECTOR

Minimum wages to cover South Africa's estimated one million domestic workers came into effect in November 2002; as of February 2003, an additional one million wholesale and retail workers were covered and most recently, on March 1, 2003, minimum wages were extended to approximately 800,000 agricultural workers. Ministry of Labor, 2003, p. 6). If minimum wages are enforced, meaning employers only have to use domestic workers for a limited period of time, domestic workers will incur additional costs.

Table la: Minimum Wages
Table la: Minimum Wages

SUMMARY

The Voortrekker and British presence is evident in the city's many historic buildings, while the oriental influence of descendants of the Indian labourers, who came to Natal in the 1860s to work on the vast sugar estates, can be seen in the Hindu temples, Muslim. mosques, colorful saris of the women and their religious festivals and traditions (Department of Labour, 2005, p.7). This chapter will look at the historical overview of the Pietermaritzburg area which is Msunduzi Municipality and its population.

CURRENT SITUATION

Parts of the municipal area are supplied with piped water, mainly available in the city area. Water sewerage is provided in the urban area, while informal settlements use latrines (Munduzi Municipality, 2006, p.l. 1).

KEY DEVELOPMENT OBJECTIVES AND STRATEGIES

Another strategy related to HIV/AIDS is to raise awareness of the disease, promote greater social acceptance of people living with HIV/AIDS, and ensure that all infected and affected children receive food, shelter, schooling, proper care and support. A particular project in current environmental planning is the development of the Bisley-Mushini Game Reserve.

POPULATION OF THE AREA RESEARCHED FIGURE 2: Msunduzi municipality map

The present research attempts to make a contribution to addressing this gap by examining the nature of the regulatory environment and incentive structure created by the South African state and showing how this relates to the issue of gender in informal and flexible work in South Africa.

GENDER REGULATIONS FIGURE 3: Lexical order hierarchy

According to Figure 3, the Bill of Rights, which is contained in the South African Constitution, prevails over all other legislation (du Plessis et al., 2002, p.4). 2002, p.6) examined a specific sector of laws that take precedence over other illustrated sources, with the exception of the Bill of Rights. Coyle and Skinner (1988, p.l) dispute this by arguing that it is a myth that with formal equality in law the position of women in the employment structure will improve – and has even become worse.

SUMMARY

Mobilizing workers into unions or domestic helper associations and obtaining favorable public support is critical to the process of preventing or countering regulation that would further disenfranchise domestic workers. The South African government provided guidelines, either from the Labor Relations Act or the Labor Market Policies, to deal with discriminatory practices for domestic workers.

INTRODUCTION

STATEMENT OF THE PROBLEM

RESEARCH QUESTIONS

HYPOTHESIS

RESEARCH DESIGN

Data collection instrument

Population

Sample

Data collection procedure

Pre-testing

Pre-testing involved surveying a small group of people who have similar characteristics to those to be surveyed. Dane (1990, p. 127) describes the purpose of the pretest as "fine-tuning the instrument in the same way that a bench check allows a technician to evaluate a part before installing it."

DATA ANALYSIS

A pre-test of the questionnaire was carried out at four taxi stands, with nine domestic workers. No survey data can be trusted unless it can be ensured that the respondents understand the instrument and provide appropriate answers.

VALIDITY OF THE STUDY

RELIABILITY

The chapter covered areas such as research design, population, data collection procedure, data collection instrument, pretest, data analysis, and reliability.

INTRODUCTION

SAMPLE PROFILE

AREAS THAT WERE RESEARCHED

What is the name of the area that you are working in?

Wages

What is your salary per month?

Do you get an annual increase?

The percentage was calculated from the expected monthly wages divided by the average increase mentioned above, which is approximately 5% paid by the employer to domestic workers. Although the fixed 8% (as indicated in Sectoral Determination 7 in Appendix 3) increase they were entitled to get per year.

How much do you earn for overtime?

The research presented in Figure 8 showed that only 3.7% of domestic helpers who work overtime receive the stipulated overtime earnings on normal working hours 1.5.

Is your salary reduced because of accommodation deduction?

It is clear from this presentation that most employers do not deduct the set percentage for accommodation. Although a small fraction of domestic workers do pay for accommodation, they pay an average of 12.4% of their wages which is more than the 10% stipulated in the Determination (Department of Labour, 2005, p.6).

Do you get a night work allowance if you work after 18:00 or before 06:00?

The data presented above reflect that only 12.6% of domestic workers provided with housing by their employer pay for it, and 87.4% remain rent-free. The percentage was calculated from the fixed wage for domestic workers and it was found that the average nightly wage was R30.30.

Do you get a payslip every week/month with all the information/deductions reflected on it?

According to the Sectoral Determination 7: Domestic workers sector (Department of Labour, 2005, p. 14) domestic workers should have an allowance if they work at night, and also that "night work" means work performed after 18:00 and before 06. :00 the next day. In this case, an employer may only require or allow a domestic worker to perform night work, if agreed in writing and if the domestic worker is compensated by the payment of an allowance; and the domestic worker lives at the workplace or transport is available between the domestic helper's place of residence and the workplace at the beginning and end of the domestic helper's shift (Department of Labour, 2005, p. 14).

Does your boss keep copies of this pay slip?

Working hours

How many hours do you work per week?

It was also noted that more than 50% worked more than the prescribed hours, by almost 10%.

How many hours do you work per day (if you work 5 days per week)?

Figure 13 shows that domestic workers working a five-day working week work an average of 9.3 hours per day, which is almost in line with the provision of the Determination which prescribed a maximum of 9 hours per day. Domestic workers who work more than five days a week should not be expected to work more than eight hours a day (Department of Labour, 2003, p.5).

Figure 13: Average hours per day for domestic workers who work a five-day week
Figure 13: Average hours per day for domestic workers who work a five-day week

Do you work on standby?

The result of this question is that 41.2% of the surveyed domestic workers work on standby.

Average standby earnings per shift

According to Figure 16, approx. 66% of domestic workers working on standby less than R20 per hour. shift.

If you work on Sundays, how much do you earn?

If you work on Public Holidays, how much do you earn for that day?

Meal intervals

How many meal intervals do you have per day?

How long are these meal intervals?

Do you take tea intervals?

How long are these tea intervals?

Leave

Do you get annual leave?

Annual leave cannot be less than three weeks per year for full-time workers (Department of Labor, 2005, p. 19). The purpose of this question was to assess whether domestic workers take three weeks a year as annual leave.

Figure 22: Average number of domestic workers who are granted annual leave  (percentages)
Figure 22: Average number of domestic workers who are granted annual leave (percentages)

Do you get sick leave?

The average number of days for sick leave is 5.82 days per year as determined by the current study, which indicates that domestic workers were not given the designated days, that is, 12 days per year (Department of Labor, 2005, p. 13). ). Notwithstanding sub-clause (2), a domestic worker is entitled to one day's sick leave for every 26 days worked during the first six months of employment (Department of Labour, 2005, p.l. 1).

TABLE 6: Average number of domestic workers who are granted sick leave
TABLE 6: Average number of domestic workers who are granted sick leave

Do you get maternity leave?

This question investigated whether or not female domestic workers receive four consecutive months of maternity leave. 3% of domestic workers have a maternity leave of less than 4 months and only 2.7% on average got 4 months of maternity leave.

TABLE 8: Average number of domestic workers who are granted maternity leave
TABLE 8: Average number of domestic workers who are granted maternity leave

Do you get leave for family responsibility?

Other

Are you registered for UIF by your boss?

  • SUMMARY
  • INTRODUCTION
  • OBJECTIVES OF THE STUDY
  • TO ESTABLISH WHETHER OR NOT EMPLOYERS COMPLY WITH THE STIPULATION OF SECTORAL DETERMINATION 7
    • Hours
    • Meals
    • Leave
  • CONCLUSION
  • SUMMARY
  • INTRODUCTION
  • RECOMMENDATIONS
    • Department of Labour
    • Unions
    • Employees
  • FURTHER SUGGESTIONS
  • LIMITATIONS OF THE SURVEY

Are the domestic workers' wages, working hours, meal intervals and leave according to Sectoral Determination 7: Domestic workers sector. Most of the domestic helpers were illiterate and could not fill in the questionnaire themselves.

Figure 26: Average number of domestic workers who are registered for UIF  (percentages)
Figure 26: Average number of domestic workers who are registered for UIF (percentages)

QUESTIONNAIRE

WAGES 1 What is your

MEAL INTERVALS

OTHER

DESCRIPTIVE STATISTIC

The first and probably the best know is the arithmetic mean, which we will simply refer to as the average. The median is calculated by placing all the observations in order (ascending or descending) and the observation that falls in the middle is the median.

SECTORAL DETERMINATION SEVEN: DOMESTIC WORKER SECTOR

Overtime is paid when the domestic worker works more than the usual set number of hours per day or week. How often wages will be paid. k) Any deduction to be made from the salary (1) Leave to which he/she is entitled. m) The notice period required for the termination of employment, or if the employment is for a fixed period, the date when the employment will be terminated.

Gambar

FIGURE 1: Poverty incomes below the minimum living levels, 1989-2001
Table la: Minimum Wages
Table lb: Minimum Wages
TABLE 1: Msunduzi areas, where research was conducted
+7

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