During a recent five day labour department domestic sector inspection drive in KwaZulu-Natal, inspectors found that 31 percent of the 1 531 employers visited had not complied with labour laws, with the majority of employers inspected found to be contravening the Sectoral Determination that came into effect on 1 September 2002.
Some of the most serious violations included employers not having written particulars of employment available, no proof of Unemployment Insurance Fund (UIF) contributions or proof of registration with the fund, no payment for overtime, night work or standby duties, minimum wage including hours of work not adhered to and no attendance register in place. It was also found in some instances that pay slips were not issued to workers. Defaulting employers were served with written under-takings to be followed-up by inspectors to ensure compliance.
Meanwhile, inspectors have applauded the 69 percent of employers who were found to be obeying labour laws and encourage others to follow in their footsteps. Both employers and workers may visit or contact their nearest labour centre, should they have any complaints or want to seek clarity about working conditions for the sector. The Sectoral Determination applicable for the sector lays down conditions of employment for domestic workers such as hours of work, leave, particulars of employment and termination of employment. It also prescribes the minimum wage that employers are required to pay.
Employers who continue to disregard the law could face prosecution after being referred to the Labour Court for judgement. The inspections in KwaZulu-Natal were part of a national inspection campaign of the department aimed at improving compliance levels country-wide.
Enquiries:
Page Boikanyo
Cell: 082 809 3195
Jay Anand
Cell: 084 507 6743
Source: Department of Labour