In South Africa, most families have domestic workers. In some cases, these domestic workers are treated in inhumane manners, simply because they are not aware of their rights, or perhaps they know their rights but are afraid to enforce them because they are illegal immigrants in the country. On this episode of Spirit of the Law, we talk about “the rights of domestic workers” as it pertains to: 

  • The right to minimum wages;
  • right against unfair dismissal;
  • right   to   leave.

Our special guests are Chantelle Bensch and Charlie Higgs, and they join us to discuss how a domestic worker can enforce these rights especially in cases where their work permits have expired, and they are illegal immigrants in the country. 

In this very thought provoking episode, other issues addressed are:

  • Who is a domestic worker and how can a firm help domestic workers enforce their rights?
  • What Act makes provision for the rights of domestic workers and to which category of people does the Act apply?
  • What is the minimum wage for a domestic worker?
  • Can a domestic worker after watching this episode and realizing they are not paid the minimum wage request it from their employer?

It’s a standard procedure that employees are entitled to leave, examples of which are sick leave, family leave etc. Does this apply to domestic workers as well? If yes, what  leaves are domestic workers entitled to and for how long in each case? Do domestic workers have a right against dismissal? If yes how does the law protect them against unfair dismissal? If  there is a breach of any of these rights, how can they enforce them? Can the fact that these domestic workers are illegal immigrants in the country hinder their ability to enforce their rights?

Do you know a domestic worker in this situation right now, or are you a domestic worker?

Are you an employer of a domestic worker? We would love to hear from you too!

Please leave your comments below!