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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1569
Experience:  BCom; LLB; Masters in Law
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I have a domestic worker that started to work a week from

Customer Question

Hi, I have a domestic worker that started to work for me for once a week from the 17/1/2012. From 7/1/2013 she worked twice a week until the 27/7 2015. All this time she has refuse to sign a contract with me and UIF Registration. We moved into our own house on the 1/8/2015 and took over the seller's domestic worker and gardener. We are busy with setting up the contracts for the employees since the address of employment, duties of employment and wages changed and it is required by law. If my domestic signs the contract, from which date would she be in our employment for and what to I do if she refuse to sign again
Submitted: 2 years ago.
Category: South Africa Law
Expert:  CaseLaw replied 2 years ago.

Hi there and thank you for your question,

Unfortunately for you, the requirement on the employer to deduct and pay over UIF is an obligation by law, and does not require the consent of the employee. In fact, if the employer listens to the employee's request NOT to deduct UIF from the employee's pay, then the employer is committing a crime.

The fact that the employee does not have a written contract does not mean that there is no employment contract in place - the employment contract is just a verbal one that contains all of the necessary agreements, e.g. pay, working days, responsibilities, etc. There is an agreement in place, it's just an oral agreement.

We don't have a written employment agreement with our maid, but that doesn't mean that we don't deduct UIF.

On the UIF registration form, there is a field to insert the date that the employee commenced working for you. That's the date that you need to insert - not the date that the employee signed a contract. You need to do this even if your domestic refuses to sign a written agreement. (i.e. you essentially back-date the employment on the form to reflect the actual first date of working)

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

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Good luck and best regards,

CaseLaw

Please note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.

Expert:  CaseLaw replied 2 years ago.

Hi there again,

I hope that you understood the above advice and that it was useful? Please leave positive feedback for me.

If you have a further question please ask it?

Regards

CaseLaw