Do you have to pay your domestic worker on public holidays?

John Maytham (in for CapeTalk's Lester Keiwit) is joined by labour law specialist Puke Maserumule.

Listen below:

In recent weeks, South Africans have enjoyed a slew of 'free' days off... but if you've ever wondered whether you need to pay your domestic worker on a public holiday, you're not alone.

Labour Law specialist Puke Maserumule says the answer isn't black and white.

"All domestic workers are defined as workers in terms of the Basic Conditions of Employment Act... but not all domestic workers are the same."

- Puke Maserumule, Labour Law specialist - Maserumule Attorneys

The Act says that domestic workers and all other employees who work more than 24 hour per month for a single employer have certain rights.

"The rights include payment for work on public holidays - if you are a domestic worker who works for an employee for less than 24 hours in each month, then you do not enjoy the benefits and protections of the Act."

- Puke Maserumule, Labour Law specialist - Maserumule Attorneys

In addition to the Act, Masermarule explains that there is a sectoral determination which specifically protects domestic workers.

"That sectoral determination follows the same line of thinking as the BCA, that only domestic workers that work for more than 24 hours for an employer are protected."

- Puke Maserumule, Labour Law specialist - Maserumule Attorneys

So how does it protect workers?

"If I work for you every Monday of the week, four times a month and I work for 5 hours every Monday, that is 20 hours in a month - I am not protected by the BCA."

- Puke Maserumule, Labour Law specialist - Maserumule Attorneys

"The protection works as follows. If I work for you every Monday and the Monday is a public holiday I must agree to work on that day. You cannot compel me to work on that public holiday. If I agree to work, you must pay me double my salary, because I am working on a public holiday."

- Puke Maserumule, Labour Law specialist - Maserumule Attorneys

But if the worker does not agree to work, the employer is still compelled to pay the usual salary for that day.

RELATED: Fair compensation for domestic workers: 5 factors every employer must consider

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