We look at the case of a domestic worker who says her employer has told her to come to work during lockdown. She’s worried about being exposed to coronavirus, but she’s also worried that if she doesn’t come to work she won’t be paid for the month. Scorpion Legal Protection explains what the law says.
Employees have a duty to work in terms of their employment contract, but in terms of the Disaster Management Act and Regulations, during the lockdown period, only employees who are performing essential services are allowed to work. Domestic workers are not classified as essential services, so they should not go to work, even if their employers are telling them to – they must stick to the law.
There may be cases where the employer insists that the domestic worker is performing essential services, but then the employer must first apply for a permit for essential services on behalf of the domestic worker so that she is legally allowed to work. Failure to do so means that the domestic worker risks getting arrested due to her failure to adhere to the lockdown rules and she can be fined or imprisoned (for a period not exceeding 6 months) in terms of the amended regulations issued on 2 April 2020 of the Disaster Management Act (57/2002).
If her employer insists that she must come to work without the necessary permit, the domestic worker must report her employer to the SAPS and she will be protected under the Labour Relations Act. She must also report the employer to the Department of Labour. Since physical movement is restricted, she should call the department.
In terms of wages, if an employer cannot afford to pay the domestic worker during the lockdown, and has been contributing to UIF (which they have to by law), they can apply for financial assistance from the COVID19TERS scheme.
What about a situation where the domestic worker works and lives at the employer’s residence and wasn’t able to leave during lockdown? She cannot refuse to work in this case, but her employer must provide her with things like hand sanitiser so she can follow health and hygiene guidelines.
Tips:
- Domestic workers are not classified as essential. If the employer insists that the domestic worker report for duty, they must get the necessary permit first.
- Live-in domestic workers who are already staying at the employer’s premises during lockdown must continue to work.
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* This is only basic advice and cannot be relied on solely. The information is correct at the time of being sent to publishing. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein.