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Before you ask your domestic worker to work overtime, know the legal amount of overtime she can work or prepare to face the CCMA

by , 11 December 2014
The festive season is upon us.

During this time, most households become a hive of activity.

To cope, some employers turn to their domestic workers and ask them to work overtime.

But this simple request often leads to CCMA cases.

Don't let this happen to you.

If you plan to ask your domestic worker to work overtime this festive season, read on to find out the legal amount she can work so you can avoid a CCMA case.

 

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Don't get taken to the CCMA by your domestic worker!

Does your domestic worker have a legal employment contract?

Do you know how many days leave they're entitled to?

Do you know what the minimum wages are you must pay?

Must you pay your domestic worker overtime?

Don't end up at the CCMA for a simple mistake!

Click here and make managing your domestic worker easy!

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This is the legal amount of overtime your domestic worker can work
 

Your domestic worker must agree to work overtime. You can't force her to work it.
 
When she agrees to it, you need to stick to the legal time limits.
 
The Domestic Worker Toolkit says if your domestic worker works overtime, she can't work more than 15 hours a week and 12 hours on one day.
 
So, if you want your domestic worker to work overtime, you need to make sure you plan well so she doesn't end up working more than these time limits.
 
As you know, overtime comes with extra pay.
 
You must pay your domestic worker one and a half times her normal rate of pay if she works overtime. Or you can agree that she takes time off in lieu of additional overtime pay.

Now that you know about the amount of overtime your domestic worker can work, don't forget these two important points

 
#1: If your domestic worker works continuously for more than five hours, you must give her a meal break of at least one continuous hour.
 
If, for example, you and your domestic worker want to reduce the meal interval, you must sign an agreement. Just make sure it's not less than 30 minutes when you reduce it. It's illegal to do so.
 
#2: You can't force your domestic worker to work on public holidays or Sundays.
 
If, for example, you want her to work on Sundays or on the Day of Reconciliation, Christmas, Boxing Day or New Year's Day, you must pay for the hours she works at double the normal rate.
 
Remember, making your domestic employee work more than the legal amount of overtime is illegal.
 
Now that you know the legal amount of overtime she can work, stick to it so you don't land at the CCMA.
 
PS: There're so much more you still need to know when it comes to how you must treat your domestic worker. For example, recently, the Labour Minister put in place new minimum wages for domestic workers. You can find out all about this and the other legal obligations in the Domestic Worker Toolkit.


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