“I’m Scared I Might Get Fired”: Legal Expert Advises Domestic Worker Looking for Salary Increase
- A South African woman who works as a domestic worker feels like she does not get paid enough
- She is afraid that if she asks her boss for a raise, she might lose her job in the process
- Legal expert Advocate Kgalalelo Matabane speaks to Briefly News about how she can ask for the raise and what her rights are
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Anonymous wrote:
"I am a domestic worker and nanny. I work 40 hours a week and sacrifice spending time with my family so that I can be at work early. My boss pays me R3 500 per month despite all my work, including ensuring her house is clean and her children are well looked after. I cannot put my children through school with that money, as my salary is not enough to sustain my family and make sure my kids get a quality education.
"I want to bring it up with my boss, but I'm scared I might get fired. A domestic worker friend lost her job because she demanded a better salary. How can I ask for a raise without upsetting my boss?"
Legal expert informs domestic worker of her rights
Advocate Kgalalelo Matabane is a family law, divorce, recognition of customary marriages, maintenance, child custody and access advocate. She practices in the North West and Gauteng.
Speaking to Briefly News, Advocate Matabane said that the woman is entitled to a salary increase as the minimum wage was increased by 8.5% from R25,42 to R27,58 per hour.
“When calculating the said rate against the hours worked, the domestic worker should earn about R4 780,17 per month. The current salary of R3 500 per month is illegal as it is below the minimum wage. In sections 4(4) to (9) of the National Minumum Wage, the payment of a national minimum wage cannot be waived. The national minimum wage takes precedence over any contrary provision in any contract, collective agreement, sectoral determination or law, except a law amending this act,” she said.
How can she ask for a raise?
Matabane told Briefly News that domestic workers can take a few steps to negotiate for a better salary.
“She could write a formal letter to the employer, informing her of the statutory requirements and request her to abide by such requirements and to implement back pay for outstanding salaries which she was short-paid for. She could also request the assistance of a legal practitioner to relay the information,” she said.
She also advised her on what to do if the employer refuses to give he a raise or even fires her.
“She can appoint a legal practitioner to institute civil proceedings through courts, approach the CCMA or Bargaining Council for unfair labour practice or the Labour Department to appoint a labour inspector to investigate the unfair labour practice,” she said.
Disclaimer: The advice in this article is general and does not reflect the views of Briefly News. It is not intended to influence a reader's decisions. Readers are advised to seek professional help before making any decisions.
Do you have a story to tell? Want an expert's advice? Please email us at contact@briefly.co.za with 'Ask an expert' in the subject line.
Legal expert advises woman struggling to get papgeld from husband
In a similar article, Briefly News reported that a woman struggled to get her husband to support their children.
The couple was going through a divorce, and although the man earned over R86,000, he did not pay a cent in papgeld. Advocate Matabane advised the woman to ensure her husband abides by the law.
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Source: Briefly News
