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I would like to terminate my domestic worker's employment.

I would like to terminate...
I would like to terminate my domestic worker's employment. She will be 71 in January and her ability to work has diminished over an period of time (I have had to employ another worker to compensate). We have no written contract. She has worked for me for 19 years. Her UIF is in order. I intend giving her a generous cash payment in lieu of a pension. Can she refuse to accept the termination?
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Answered in 9 minutes by:
12/8/2017
ben.jones
Category: South Africa Law
Satisfied Customers: 50,953
Verified

Hello and thank you for your question, which I will be happy to assist you with.

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I'm sorry. I responded to your question in error. I will opt out so that another expert can assist you. Thank you

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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,706
Experience: BCom; LLB; Masters in Law
Verified

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

Unfortunately for you, the general rule is that you can't force your employee to retire. That would amount to discrimination based on age.

There are 3 possible situations that you could find yourself in:

  • Your employee's employment contract requires him/her to retire at a certain age.
  • You've previously agreed with your employee on a retirement age or there's a company norm.
  • There's no mention of retirement in your employee's contract and there's no agreement as to the retirement age.

If your employee doesn't fit into the first two categories, then you have a problem. What you CAN do is to agree on a retirement age with your employee and then stick to that.

What my parents did with their domestic is they paid her 6 months salary, AND agreed to match her government pension amount for a period of 6 years. She was happy with that and decided that she wanted to retire. Essentially, she was guaranteed her salary for 6 1/2 years and didn't need to work!

You should try to do something similar.

Q: Can she refuse to accept the termination? --> Yes. Sorry.

If my answer hasn't provided you with enough clarity regarding your initial question, 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".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

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Hi there again,

I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.

If you're happy that I've answered your question, please leave positive feedback for me by clicking on the star / smiley face rating system!

Regards

CaseLaw

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Customer reply replied 7 months ago
Thanks for your reply.
Will it make any difference if I color it in as retrenchment? Both kids would have moved out by January & we don’t intend replacing her because we don’t need help every day of the week. Will probably decrease the days of one of the other ladies too. What concerns me is the first in last out principle since she is first in. ( we have 3 since I got someone to help the lady in question do her work& then my husband had someone & we didn’t have the heart to let anyone go when we married).
Customer reply replied 7 months ago
I have now spoken to her & she is happy to go.Last question. Will she still be entitled to UIF if she takes retirement? Many thanks.

The issue with a retrenchment is that you are supposed to retrench the most recent staff members BEFORE you retrench the earlier staff members...

If you want to retrench, you'll need to retrench both the old maid and the new maid.

On the retirement side:- No, if she retires she won't get UIF. She will however get a pension!

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If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,706
Experience: BCom; LLB; Masters in Law
Verified
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