The aim of the blitz is to target employers to ensure compliance with legislation. Each year labour inspectors undertake inspections at homes to check whether the employers are complying with Sectoral Determination 7: Domestic worker sector, the Unemployment Insurance Act and the Labour Relations Act.
Labour inspectors have a checklist to verify whether the domestic worker is not being underpaid, that a contract of employment has been drafted and signed by both parties, that all the necessary provisions are contained therein. Namely that it makes reference to overtime, hours of work, meal intervals, payment for public holidays, annual leave, sick leave, family responsibility leave, maternity leave etc.
Inspectors also ensure that the employer is registered as an employer with the Unemployment Insurance Fund and that contributions are made to the fund in terms of the Act.
An employer found in contravention of these laws are issued with the relevant notices to rectify any identified non-compliance issues. If non-compliance persists beyond the prescribed time, compliance orders are issued which may result in enforcement by the Labour Court.
Cape Labour Consultant
3 De Lorentz Street, Gardens, Cape Town, 8001