Domestic Worker Sectoral Determination; Skills Development Projects For Women

Meeting report

JOINT MONITORING COMMITTEE ON IMPROVEMENT OF QUALITY OF LIFE AND STATUS OF WOMEN
6 November 2002
DOMESTIC WORKER SECTORAL DETERMINATION; SKILLS DEVELOPMENT PROJECTS FOR WOMEN

Chairperson: Ms L. Xingwana (ANC) and Ms P. Themba (ANC)

Documents handed out:
Domestic Worker Sectoral Determination presentation
National Skills Fund - Best Practice Examples (see Appendix A )
National Skills Fund Table of Projects (see Appendix B )

Relevant documents:
Employment Conditions Commission Report on Sectoral Determination - presentation

SUMMARY
The Labour Department noted that the sectoral determination aimed at determining the minimum wages and not the maximum. The Committee heard that wages are set on the basis of the area where the domestic worker is deployed and the number of hours worked per week. The work conditions became applicable on 1 September 2002 whilst provisions on minimum wages became applicable on 1 November 2002.

The Department outlined special skills development projects specifically for women undertaken in the past year in six provinces.

MINUTES
Domestic Worker Sectoral Determination
Introduction by the Minister
The Minister, Mr MS Mdladlana, noted that the Department has identified various problems affecting domestic workers but that the main issue was inadequate protection for this cadre of workers. He pointed out that the domestic workers union represented a mere 4% of the work force. He clarified that the current process - the sectoral determination - aimed only at determining the minimum wages and not the maximum. The new structure would give domestic workers the necessary tool and shield by which they can assert their rights.

Briefing
Ms Annemarie van Zyl (Executive Manager: Employment Standards) noted that the factors taken into account when setting up the basic wage were the ability of the employer to pay and the need for the creation and retention of employment opportunities. Other factors are the need to sustain efforts to alleviate poverty and the current cost of living. The role of the Department was to ensure a better life for all and to create a developmental and integrated approach to employment in the sector. The Department was keen on setting a floor of rights that would augment the skills development strategy. The success of this effort would ensure social security and improved conditions of employment for workers.

Ms van Zyl pointed out that wages are set on the basis of the area where the Domestic worker is deployed and the number of hours per week. Areas categorised as 'A' = the monthly rate would be R800.00 at an hourly rate of R 4,10. Areas designated as 'B' = the monthly rate would be R650.00 calculated at an hourly rate of R3,33. Both apply to workers who work more than 27 hours. Where work is less than 27 hours, the rates are R527.67 at R4, 51 per hour for area 'A' and R428, 22 atR3,66 per hour for area 'B'.

Ms van Zyl pointed out that breakages, supplied clothing, training and food costs cannot be deducted from the employee's wage bill but that statutory deductions, accommodation, loans subject to a 10% ceiling are deductible from the wage bill. On hours of work and overtime, Ms van Zyl said that an employee would put in 45 hours per week and not more than 8 hours a day if the employee works more than 5 days a week. She noted that overtime should not be more than 15 hours per week or 12 hours in any day inclusive of overtime and that the overtime pay should be at least one and one-half times the workers' wage. Night work would be between 18h00 and before 06h00 the next day and that standby hour starts at 12h00 until 6h00 at R20 per standby with limitations.

Ms van Zyl addressed provisions on leave and termination and noted that for family responsibility leave, one would be entitled to 5 days. She explained that termination notice should not be less than one week if employed 6 months or less and 4 weeks if employed for more than 6 months. A certificate of service should be provided. She added that an employee must be provided with accommodation where the employee is terminated earlier than allowed.

These working conditions became applicable on 1 September 2002 whilst provisions on minimum wages became applicable on 1 November 2002.

National Skills Fund projects for women
Ms Sibulelo Nomvete, from the Department's Skills Development division, explained that the National Skills Fund has sponsored many projects in various provinces to uplift the status and quality of life for women. These projects are based on training in a variety of skills. She listed some of the projects: secretarial courses, building classrooms, housing, sheering, and housekeeping, pottery and leatherwork all of which is linked to SMME development. Other training projects were bakery, needlework, laundry, vegetable growing, wool and craft, home decoration, plumbing and painting among others.

Ms Nomvete noted that the projects were part of the poverty relief driven and skills transfer initiative. These projects were multi-sectoral and that different departments partner with other stakeholders to roll-out the programs. There were many challenges the Department has to grapple with and that the main ones were how to integrate skills development to programs and projects undertaken by other departments. She noted that it was not easy to identify viable projects that should be supported by the skills development levy. She added that the Department is making an effort to ensure that the training is accredited to the SETA [Sector Education & Training Authority] and NQF [National Qualifications Framework].

Discussion
Ms Mutsila (ANC) noted that domestic workers are a vulnerable group in the work place and wanted to know what, if any, measures the Department had put in place to ensure monitoring and feedback on the implementation of the new policy.

The Minister pointed out that domestic workers are not "pushovers" as many people perceive them to be. Quite to the contrary, most workers are informed. He noted that the Department would rely on reports made by workers and that labour inspectors would be dispatched to such places where reports have been made.

Ms Twala (ANC) wanted to know whether a contract of employment was now compulsory to which the Minister responded in the affirmative.

Ms Twala noted that many rural workers were unskilled and that they stand to suffer with the implementation of the new law. She wanted to know how these workers would be protected against arbitrary dismissals.

The Minister said dismissals had started with the announcement of the new measures and noted that people who do not understand the role of domestic worker take such unwarranted actions. He called for understanding and patience so that the new measure can take root for the benefit of all parties involved.

Ms Moloi (ANC) asked if the Department would play some role in the training of these workers.

The Minister admitted that it was not possible to train all deserving domestic workers but that the Department had given a sum to SETA under the National Skills Fund.

Ms Camerer (NNP) congratulated the Minister for what she termed as an excellent piece of work. She particularly expressed satisfaction with the hourly rate principle, which she said was long overdue.

The Minister acknowledged the vote of appreciation but attributed the results of this comprehensive work to dedicated teamwork by officials from the Department.

Ms Vilakazi (IFP) underscored the importance of training for rural women whom she said lack basic knowledge on the rudimentary procedures of housekeeping. She also called for a concerted and widespread information campaign to educate people - especially those in rural areas - on the import of the new regulations.

The Minister called on Members of Parliament whom he said are strategically positioned to educate the public on the new regulations. He noted that there had been many workshops in all provinces, most of which he has personally attended, to spread the message on the new provisions.

Rev. Chabaku (ANC) agreed with Ms Vilakazi that workshops are critical for rural women the majority of whom are ignorant about the new developments.

Ms Themba (ANC) wanted to know why there was no provision on pension.

The Minster replied that provisions on insurance were already in the law but that the Department was planning to discuss an employment insurance plan, which would address most of the concern around the issue of pension.

Ms Ntlabati (ANC) wanted to know why there was no provision for injury for the domestic worker.

The Minister admitted that the issue of injury was a complex one but that his visits have established that most of the injuries - such as dog bite - fall within the realm of the criminal justice system. He noted that where there is an injury, the employer is ordinarily expected to contribute to the medical costs but that in most cases they do not and the Department is called upon to foot the bill.

Ms Mrs Nkuna (ANC) sought to know the position on maternity leave.

The Minister replied that domestic workers like any other employee were in law entitled to maternity leave and that there should be no misunderstanding on this aspect.

Ms Xingwana (ANC) wanted to know the areas in which the Minister had hosted his workshops.

The Minister replied that he had been to all provinces except the North West but that even in the latter case his officials have held workshops there. He noted that for the most part he visits townships and that there are cases where he has taken the road-show campaign to the train stations where his clients are most likely to be found.

The Chair thanked the Minister for the comprehensive work although he was called on at very short notice. She said the exercise was most educational for all the members and wished that there were enough time to go into a workshop to thrash out the critical issues raised thereby. The meeting then adjourned.

Appendix A
UPLIFTMENT OF QUALITY OF LIFE FOR WOMEN: SKILLS DEVELOPMENT PROJECTS UNDER THE NATIONAL SKILLS FUND- NOVEMBER 2001-OCTOBER 2002

BEST PRACTICE EXAMPLES
North West Province: After training 36 women grouped themselves to open a bread manufacturing company funded by Department of Social Services. They have also through their local structures agreed to provide catering services to local communities.

Gauteng North: Manufacturing and clothing project in Mamelodi: a group of 20 unemployed women received training from DoL and are currently involved in manufacturing school uniforms.

Cluster of projects !fl Manufacturing, clothing and Food and beverage (Igqayizivele Devon.): this is a partnership between DoL and Department Social Welfare in rural area of Devon. The project is producing furniture, clothes and bread for the community. The project is sustainable and generating enough income, members have bought a delivery van for the project

Food and Beverage project: Borotho Bethu Refilwe/Rethabile: A Partnership between DoL and Department Social Welfare. After receiving training the women are doing so well they can supply spaza shops and supply shops with bread. In order to
meet the rising demand, shift work is being embarked on.

Mpumalanaga: Driefontein a Bakery -remote community- only business with fresh food for drivers. Trainees provide bread for community, meat pies, buns, very neat and good quality of products.

Challenges
1. Integrate skills development (NSF - SDFW) to programmes and projects of other departments
2. Identify viable projects that should be supported with skills development Need partner approach. NSF only funds training related expenses. Partner Departments to cover non-training expenditure.
3. Ensure training is accredited to SETA and NQF

Appendix B

TABLE
UPLIFTMENT OF QUALITY OF LIFE FOR WOMEN: SKILLS DEVELOPMENT PROJECTS UNDER THE NATIONAL SKILLS FUND-NOVEMBER 2001 OCTOBER 2002