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WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 14832
Experience:  L.LB (UOVS)
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Hi I have a domestic maid. What is the minimum salary per day

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Hi I have a domestic maid. What is the minimum salary per day if she works once a week for me. She has said to me it is R150 a day. I currently pay her R400 a month for once a week and was about to increase her. However, if it is true that the minimum is R150 a day, can i firstly decrease her days to what i can afford. I cannot possibly afford R600 a month, or if it is 5 days in the month, R750. Can I offer her twice or once a month. Is that legal, or can she take me to the CCMA for that. I have looked on the internet, and I get a minimu of R9 or so per hour. Please confirm.
Submitted: 2 years ago.
Category: South Africa Law
Expert:  WCLawyer replied 2 years ago.

Good day.

The Minimum wage for domestic workers depends on a couple of factors, but you should be able to get the minimum hour, day and week rate for your particular circumstances by clicking here.

Customer: replied 2 years ago.

that is what i picked up from the Internet. Is that the official hours. Are you telling me that the R150 that she tells me is not true. Can I also reduce the hours legally without her going to the CCMA

Expert:  WCLawyer replied 2 years ago.
You say she works once a week. Does she work more than 24hours per month on average?
Customer: replied 2 years ago.

I would say so, yes, as she is supposed to work say from 8 to say 3.30 - 4.

 

Expert:  WCLawyer replied 2 years ago.

Does she get a lunch hour?

Customer: replied 2 years ago.

she is entitled to one, i am never home, so i dont know whether she takes it or not. She is certainly entited to it. i am at work all day. so i dont know whether she does or doesnt take it. we never did have a written contract, she has now come to me with the form for UIF, and request for R150. she did that on a spite becaues i questioned her as to missing clothes and things, and she got "upset". when i asked where she was as she was absent from work without saying so, she said she was sick with stress, but the form that came from the labour dept was for uif was on stamped on that day. hope i am making sense.

 

Expert:  WCLawyer replied 2 years ago.

The Basic Conditions of Employment Act will be applicable, which means reducing her hours is an unfair labour practice (unilateral change of the agreement) and she can approach the CCMA.

Since it seems you live in Gauteng and she works less than 27 hours per week, her hourly rate would be the R 9.12. Multiply that by 6.5 and her daily rate is about R 60 per day.

She cannot force you to pay her more and the next industry increase is only due on 1 December 2011.

She cannot go to the CCMA and try and force you to pay more through them. It won't work.

WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 14832
Experience: L.LB (UOVS)
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