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Basic Guide to UIF Declarationsby

Employers must send information about their workers to the Unemployment Insurance Fund (UIF).ApplicationThe Unemployment Insurance Act and Unmployment Insurance Contributions Act apply to all employers and workers, but not to -

• workers working less than 24 hours a month for an employer;
• learners;
• public servants;
• foreigners working on contract who are going to be repatriated at the end of their contract;
• Employees in receipt of an old age pension are, since 07/2/2007, no longer excluded from contributing towards UIF; or
• workers who only earn commission.

Domestic employers and their workers are included under the Act since 1 April 2003.

What are UIF Declarations?

Before the 7th of every month, employers must send certain information about their workers to the UIF. The details of the workers are stored in the database of the Fund. When workers become unemployed, the Fund can process the application without delay.

Based on Legislation in Section 10, of the Unemployment Insurance Contributions Act

Who Must Submit Declarations to UIF?

All employers must submit monthly declarations directly to the UIF, including those employers registered with SARS.

Based on Legislation in Section 10, of the Unemployment Insurance Contributions Act

Related Links

• How To do UIF DeclarationsEmployers can mail, fax, email or do their declarations online.
• Form UI-19 - Declaration of information of commercial employees and workers employed in a private householdEmployers’ must forward this form to the UIF, PRETORIA, 0052 or alternatively fax.
• Online ServicesOur Online Services give you a plain English summary of key points within the online services
• The South African Revenue Service (SARS)Visit the South African Revenue Service (SARS) website

Domestic Worker’s Rights

Who is a Domestic Worker?

A domestic worker is a gardener, driver or person who looks after children, the aged, sick, frail or disabled in a private household, but not on a farm. This is the view taken in the Unemployment Insurance Contributions Act, 2002 (Act No. 4 of 2002).

The Domestic Workers’ Act

The Domestic Workers’ Act sets out minimum wages for domestics and specifies working conditions such as hours of work, overtime pay, salary increases, deductions, annual and sick leave.

This legislation also lists the urban areas (classified as A Areas) where one minimum wage applies. A second minimum wage applies to domestic workers in non-urban areas (B Areas).

To whom does the Domestic Workers Act apply?

To the estimated 1 to 1.5 million workers in the country who work as domestics, gardeners, childminders (including drivers of children) and those who look after the sick, aged or disabled in private homes. The legislation also covers domestic workers who work as independent contractors.

Hours of Work, Leave and Dismissal

According to the legislation, domestic workers should work no more than 45 hours a week, and should not work more than nine hours a day if they work a five-day week, or more than eight hours a day if they work for more than five days a week.

Domestic worker should work no more than 15 hours a week overtime, and no more than three hours on any one day. They should also receive double pay on Sundays or public holidays.

Employers whose domestics live on the property may deduct 10% of their salary for accommodation, providing the accommodation complies with the minimum standards laid down in the legislation.

An employer wishing to dismiss a worker must give a week of notice if the domestic has been employed for six months or less and four weeks’ notice if he or she has worked for more than six months.

Domestics are also entitled to severance pay of one week for each year of service, as well as four months’ unpaid maternity leave.

All employers must register their employees for the Unemployment Insurance Fund, and are advised to sign an employment contract with their domestic worker.

Employment Contracts

At the start of employment, employers must give workers a document containing the following information:

Employer and Worker Details

• Employer’s full name
• Employer’s address
  

Employment Details

• Place/s of work
• Date of employment
• Working hours and days of work
  

Payment Details

• Salary or wage, or the rate and method of calculating wages
• Rate for overtime
• Any other cash payments
• Any payments in kind and their value
• Frequency of payment
• Any deductions
• Value and payment for any food or accommodation.
  

Leave Details

• Any leave to which the worker is entitled

Notice/Contract Period

• Period of notice required
• Period of contract

This document must be updated if any details change.

An employer must keep a copy of this document while the worker is employed, and for 3 years thereafter.

If a worker is unable to understand the contract, the employer is to explain the information in a way that the farm worker understands.

Minimum Wage Increases

The department of labour has increased the minimum wage payable to domestic workers – which was effective from 1 December 2015 until 30 November 2016.

Department minister Mildred Oliphant announced that in terms of Sectoral Determination 1: the minimum wages will be adjusted upwards for employees in Area A and Area B.

Area A refers to large metropolitan municipalities and built up areas and suburbs – Area B is all other municipalities.

Here are the new minimum wages:

Domestic workers who work 27 ordinary hours a week or more

Minimum                  Area A,                                         Area B

Hourly Rate              R11.44                                         R10.23

Weekly Rate             R514.82                                       R460.15

Monthly Rate            R2 230.70                                    R1 993.82

Domestic workers who work less than 27 ordinary hours a week

Minimum                  Area A                                        Area B

Hourly rate               R13.39                                       R12.07

Weekly Rate            R361.50                                      R325.98

Monthly Rate           R1 566.35                                   R1 412.49

Basic Guide to Termination (Domestic Workers)

Certain procedures must be followed when either an employer or worker wishes to terminate employment.

ApplicationSectoral Determination 7 applies to all domestic workers  (including independent contractors and those employed by agencies), except domestic workers who -

• work on farms; or
• are covered by -

• another sectoral determination, or
• a bargaining council agreement.

The Basic Conditions of Employment Act applies in respect of any matter not covered by this sectoral determination.

See

• Sectoral Determination 7: Domestic WorkersSpecial rules governing the employment of domestic workers

Notice of Termination

Notice must be given in writing, except when it is given to an illiterate worker.

Notice Period

Worker employed for…

Notice Period

6 months or less

1 week

More than 6months

4 weeks

An employer and worker may agree to a longer notice period.

Notice of termination may not be given during any period of leave entitled to a worker, except sick leave.

Pay Instead of Notice

Employers may decide to waive the notice period, but the worker must still be paid for the notice period.

Payment on Termination

On termination of employment the employer must pay a worker all monies due to the worker-

• wages
• allowance or other payments
• paid time off
  

Accommodation on Termination

If an employer terminates the contract of employment before a date on which the employer is entitled to, they are required to provide-

• 1 month accommodation
• until the contract is lawfully terminated
  

Severance Pay

Retrenched workers (dismissed due to employer’s operational requirements or insolvency) are entitled to 1 week’s severance pay for every year of service.

Certificate of Service

On termination of employment, workers are entitled to a certificate of service.

The certificate of service must state-

• domestic worker’s full name
• name and address of the employer
• date of commencement and termination of employment
• title of job and brief description of work
• any relevant training received
• pay received at termination
• reason for termination (if requested by the worker)
  

Unfair Dismissal

Workers who feel they have been unfairly dismissed should contact the CCMA.

Based on Legislation in Section 37, of the Basic Conditions of Employment Act

Worker’s Guide to UIF

Worker’s Guide to UIF

Workers must contribute 1% of their pay to the UIF. To claim UIF benefits, workers must complete certain forms and hand them in at their nearest labour centre.ApplicationThe Unemployment Insurance Act and Unmployment Insurance Contributions Act apply to all employers and workers, but not to -

• workers working less than 24 hours a month for an employer;
• learners;
• public servants;
• foreigners working on contract;
• workers who get a monthly State (old age) pension; or
• workers who only earn commission.

Paying UIF

Workers must make sure that their employers deduct 1% of their pay and pay it to the UIF.

Claiming Unemployment Benefits

When they claim Unemployment Benefits workers must:

• complete the correct forms and hand it in at a labour centre (See How to Claim UIF Unemployment Benefits);
• register as work-seekers (See How to Register as Work-seeker);
• be available to start work;
• report to a labour centre when asked to; and
• undergo training and counseling when asked to.

Based on Legislation in Section 16, Section 17, of the Unemployment Insurance Act

Claiming Illness Benefits

When they claim Illness Benefits workers must:

• complete the correct forms and hand it in at a labour centre (See How to Claim UIF Illness Benefits);
• go for medical treatment if asked to.
  

Based on Legislation in Section 22, of the Unemployment Insurance Act

Claiming Maternity Benefits

When they claim Maternity Benefits workers must complete the correct forms and hand it in at a labour centre (See How to Claim UIF Maternity Benefits).

Based on Legislation in Section 25, of the Unemployment Insurance Act

Claiming Adoption Benefits

When they claim Maternity Benefits workers must complete the correct forms and hand it in at a labour centre (See How to Claim UIF Adoption Benefits).

Based on Legislation in Section 27, of the Unemployment Insurance Act

Claiming Dependant’s Benefits

When they claim Maternity Benefits workers’ dependants must complete the correct forms and hand it in at a labour centre

Based on Legislation in Section 30, of the Unemployment Insurance Act

Worker’s Guide to UIF

Worker’s Guide to UIF

Workers must contribute 1% of their pay to the UIF. To claim UIF benefits, workers must complete certain forms and hand them in at their nearest labour center.

Paying UIF

Workers must make sure that their employers deduct 1% of their pay and pay it to the UIF.

Based on Legislation in Section 5, of the Unemployment Insurance Act

Claiming Unemployment Benefits

When they claim Unemployment Benefits workers must:

• complete the correct forms and hand it in at a labour centre (See How to Claim UIF Unemployment Benefits);
• register as work-seekers (See How to Register as Work-seeker);
• be available to start work;
• report to a labour centre when asked to; and
• undergo training and counseling when asked to.

Based on Legislation in Section 16, Section 17, of the Unemployment Insurance Act

Claiming Illness Benefits

When they claim Illness Benefits workers must:

• complete the correct forms and hand it in at a labour centre (See How to Claim UIF Illness Benefits);
• go for medical treatment if asked to.
  

Based on Legislation in Section 22, of the Unemployment Insurance Act

Claiming Maternity Benefits

When they claim Maternity Benefits workers must complete the correct forms and hand it in at a labour centre (See How to Claim UIF Maternity Benefits).

Based on Legislation in Section 25, of the Unemployment Insurance Act

http://www.labour.gov.za/DOL/legislation/acts/basic-guides/worker2019s-guide-to-uif-1

Basic Guide to Working Hours (Domestic Workers)

The maximum working hours including meal breaks, rest periods, and night work allowed for workers

Compressed Working Week

Workers may agree, in writing, to work up to 12 hours a day without getting overtime pay.

 However, these workers may not work more than:

• 45 ordinary hours a week
• 10 hours? overtime a week
• 5 days a week
  

Averaging of Working Hours

A collective agreement may allow for working hours to be averaged over a period of up to 4 months. 

However, workers may not work more than:

• an average of 45 hours a week
• an average of 5 hours? overtime a week
  

Meal Breaks

Workers must have a meal break of 60 minutes after 5 hours? work. A written agreement may:

• reduce meal intervals to 30 minutes
• eliminate meal intervals for workers who work less than 6 hours a day
  

Rest Periods

Workers must have a rest period of:

• 12 hours each day; and
• 36 consecutive hours each week (must include Sunday, unless otherwise agreed)
  

Night Work

Workers working between 18h00 and 06h00 must: 

• get an allowance, or
• work reduced hours, and
• have transport available to them.
  

http://www.labour.gov.za/DOL/legislation/acts/basic-guides/basic-guide-to-working-hours-domestic-workers

Basic Guide to Unfair Dismissal and Unfair Labour Practices

Every worker is entitled to fair labour practices.  There are several types of unfair dismissal and unfair labour practices.  

Dismissal

Every worker has the right not to be unfairly dismissed.Definition

“Dismissal” means that –

• an employer has ended a job contract with or without notice;
• an employer did not renew a job contract as agreed, or offered to renew it on less favourable terms;
• an employer does not allow a worker to return to work after she –
• an employer, who has dismissed several workers for the same reason, re-employs only some of them;
• a worker ended a job contract with or without notice, because –

• has taken legal maternity leave;
• has been absent up to 4 weeks before and up to 8 weeks after the birth;

• the employer made working circumstances unbearable; or
• a new employer made working conditions less favourable than the old employer.
  

Fair DismissalDismissal is fair if -

• the specific needs of a job are not being met;
• a worker has reached retirement age.
  

Unfair dismissalDismissal is unfair if –

• a worker intended to or did take part in or supported a strike or protest; or
• a worker refused to do the work of a striking or locked out co-worker, unless his refusal will endanger life or health; or
• a worker is forced to accept a demand; or
• a worker intended to or did take action against an employer by –
• a worker is pregnant or intends to be pregnant; or
• an employer discriminated against a worker because of race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language, marital status or family responsibility; or
• an employer cannot prove -

• exercising a right; or
• taking part in proceedings; or

• a worker’s misconduct or inability; or
• that the employer’s operational needs are valid; or
• that the dismissal procedure was fair.
  

Pre-Dismissal ArbitrationWith a worker’s consent, an employer may ask a council, agency or the Commission for Conciliation, Mediation and Arbitration (CCMA) to arbitrate on a worker’s conduct or ability.An arbitrator may be appointed only after the employer has paid the prescribed fee and the worker has given his written consent.A worker may represent himself, or be represented by:

• a co-worker;
• a director or worker (if a juristic person);
• any member of the worker’s registered trade union; or
• a lawyer as agreed to by the parties.

Unfair Labour Practice

“Unfair labour practice” means any failure to act or unfair act of an employer towards a worker concerning-

• promotion, demotion, trial periods, training or benefits;
• suspending a worker or disciplinary action;
• refusing to re-employ a worker, as agreed; and
• an employer makes circumstances difficult for a worker who was forced to make a protected disclosure.

Disputes

ProcedureUnfairly dismissed or treated workers may refer disputes for conciliation in writing to –

• a statutory or bargaining council; or
• the CCMA.

Referrals must be made within –

• 30 days of a dismissal date or an employer’s decision to dismiss;
• 90 days of the date of an unfair labour act; or
• 90 days of the date when a worker became aware of an unfair act.

A dispute may be referred after the above periods if a worker can show good cause.The employer must receive a copy of the referral.Unresolved DisputesIf a dispute remains unresolved –

• a council or the CCMA must arbitrate it, if a worker requests it, if –
• a worker may refer a dispute to the Labour Court, if he says the reason is –

• a worker alleges that the dispute is about his conduct or capacity;
• a worker alleges that his employer made working conditions intolerable or less favourable after a transfer;
• a worker does not know why he was dismissed;
• the dispute is about an unfair labour practice;

• automatically unfair;
• based on operational needs;
• the worker refused to join a trade union;
• the worker was refused trade union membership;
• the worker was expelled from a trade union.

A council or the CCMA must arbitrate immediately if –

• the dismissal is linked to a worker’s probation; or
• any other dispute where no-one objects to it being settled in terms of this subsection.

Basic Guide to Child Labour (Domestic Workers)

In the interests of the well-being; education; physical and mental health; and spiritual, moral and social development of children; the employment of children under the age of 15 is illegal, and children under the age of 18 may not be employed to do inappropriate work.

ApplicationSectoral Determination 7 applies to all domestic workers  (including independent contractors and those employed by agencies), except domestic workers who -

• work on farms; or
• are covered by -

• another sectoral determination, or
• a bargaining council agreement.

Children Under 15

It is a criminal offence to employ a child under the age of 15.

Children Under 18

Children aged 15 to 18 may not be employed to do work inappropriate for their age or work that places them at risk.