Posted by: R | 2009-07-13

Domestic Worker

My domestic worker works two days a week for me. She has always been paid for sick leave and Public holidays if she chooses not to work. Recently I got fed-up with having to pay her as most PH fell on the days was was supposed to work for me, and she' s been off sick twice for 2-3 weeks at a time this year, so I did not pay her for the PH in June. Why should I be paying for work I am doing, and I have a full-time job and a 2yr old? As she is really a temporary employee and we do not have a written agreement, am I still liable to pay her for PH not worked, then double if she does work?

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Our expert says:
Expert ImageLabour lawyer

You are liable in terms of the Basic Conditions of Employment Act to payu sick leave. The sick leave must be calculated pro rata on the basis of how much work she does for you in the three year cycle.

A temporary employee shoudl have a written agreement as a temporary employee is not in fact defined in our law. All employees are just employees.

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