At Gumtree, anyone in our community can post an advert looking for help around the home, albeit a domestic worker, tutor or driver. However, it is vitally important for both employers and job seekers to understand the relevant labour laws before advertising or responding to a position.
Domestic workers should work no more than 45 hours a week, 9 hours a day (for a 5-day week) or 8 hours a day if they work more than five days a week, with no more than 15 hours a week overtime or more than 3 hours on any given day. They should receive double pay on Sundays and public holidays.
Employers may deduct 10% from their salary for accommodation, providing that that accommodation complies with the minimum standards as set out by the Domestic Workers’ Act. Domestic workers are entitled to sick leave, severance pay and maternity leave. Employers are also required to register their domestic workers for UIF if employed to work for a collective 24 hours in a month. Employers may not keep their workers’ identity documents or passports.
Employers can download comprehensive guidelines re: leave, UIF registration and wages here.
It is also very important to have an employment contract in place. Employers can download a sample contract for free on the Department of Labour site here.
We encourage all employers to familiarize themselves with the Act (and recent changes to minimum wage requirements) before advertising a position on our site, or any other job site.
Job seekers should also follow our tips for safely applying for a position:
- Know your rights with regards to minimum wage, leave and overtime. Visit labour.gov.za or your nearest Department of Labour if you have any questions about a position.
- Insist on a contract and UIF registration. This will protect you in the event of a dispute or retrenchment. Free sample contracts can be downloaded from the Department of Labour website.
- Do not accept a position that offers a fee lower than minimum wage. There are plenty of legitimate employers that are compliant with the law and willing to pay the correct amount.
- Always inform a friend or family member where you will be when attending a job interview at a private home. If possible, take someone along with you.
- Do not provide credit card details, make payment for a position or interview or hand over important documentation such as your ID or passport to an employer. If required for background checks, your employer may be entitled to a certified copy of your ID document or work permit, but they may not hold the originals.
If you have any questions, please reach out to our team on help.gumtree.co.za. We’re here to help!