Labour Relations Domestic Workers Employment Regulations 1992 (Statutory Instrument 377 of 1992)

 

Statutory Instrument 377 of 1992.

 

 Labour Relations Domestic Workers Employment Regulations 1992

S.Is 377/1992, 373/1993, 180/1997; 206/1994, 310/2001, 161/2003, 141/2004, 42/2005, 99/2006, 46/2007, 147/2007.

ARRANGEMENT OF SECTIONS

4. Grading and wages.
5. Hours of work.
6. Accommodation, transport, lights and fuel.
7. Conversion of rates.
8. Payments for overtime.
10. Payment of wages.
11. Part-time and casual employment.
12. Piece-work, task-work and work on a ticket system.
13. Vacation leave.
14. Public holidays.
15. Benefits during sickness.
16. Contract and notice.
17. Continuous service.
18. Record of service.
19. Protective clothing.
20. Gratuities on termination of employment.

SCHEDULES

First Schedule : Grading and wages. Second Schedule : Allowances.

IT is hereby notified that the Minister of Labour, Manpower Planning and Social Welfare has, in terms of section 17, as read with subsection (2) of section 77 of the Labour Relations Act, [Chapter 28:01], made the following regulations:—

1. Title

These regulations may be cited as the Labour Relations (Domestic Workers) Employment Regulations, 1992.

2.   Application

These regulations shall apply to—

• all employers of domestic workers throughout Zimbabwe; and
• persons in the area of Zimbabwe whose occupations are listed in the First Schedule.

3.    Interpretation

In these regulations—

“allowance” means an allowance of any description, including any commission, bonus or overtime allowance, but does not include any refund of expenses incurred by a domestic worker in the course of his duties as such; “baby minder” ….

[Definition repealed by s.i. 373 of 1993.]

“child-minder” means a domestic worker whose responsibilities include in any way and to any extent taking care of, or watching over, any child under the age of eleven years, regardless of whether or not the domestic worker is also employed as a garden worker and additionally, or alternatively, as a cook/housekeeper;

[Definition substituted by s.i. 373 of 1993.]

“casual worker” means a person whose engagement is for a period not exceeding six weeks in any three successive calendar months;

“cook/housekeeper” means any domestic worker whose main responsibilities include or involve housekeeping, house-cleaning, laundry, ironing, cooking, dish-washing, food-preparation or food-service, regardless of whether or not that person also acts as a garden worker but does not include any worker whose responsibilities include those of a child minder and additionally, or alternatively a disabled/agedminder;

[Definition amended by s.i. 373 of 1993.]

“disabled/aged-minder” means a domestic worker whose responsibilities include in any way and to any extent taking care of, or watching over, any person who is so disabled as to be unable to take normal care of himself, regardless of whether the disability is physical, mental or related to advanced age;

[Definition inserted by s.i. 373 of 1993 and amended by s.i. 310/2001.]

“domestic worker” means a person employed in any private household to render services as a yard/garden worker, cook/housekeeper, child minder, qualified sick persons-minder or disabled/aged-minder, irrespective of whether or not the place of employment is in an urban or rural area;

[Definition substituted by s.i. 373 of 1993.]

“part-time worker” means a person employed on an hourly, daily or weekly basis and paid not less than double the hourly, daily or weekly rate specified in the First Schedule for his grade;

“piece-work” means any system by which earnings are calculated wholly on the quantity or output of work done irrespective of the time spent on such work; “qualified sick persons minder” …..

[Definition repealed by s.i. 373 of 2002.]

“task-work” means a stated task which is set by an employer for a domestic worker and which has to be completed as a condition of earning a wage;

“ticket-system” means a system whereby an employee is engaged at a rate of wage calculated by reference to the completion of a ticket of an agreed number of days worked or a record based on the number of days worked;

“wage” means the basic wage payable to a domestic worker, excluding any allowance, overtime or bonus;

[Definition amended by s.i. 373 of 1993.]

“yard/garden worker” means a person whose duties are limited to taking care of any or all of the yard, lawn, shrubs, hedges, fences and garden of any private household or the property of a welfare organization.

4.   Grading and wages

• Every employer shall place a domestic worker in any of the grades specified in the First Schedule appropriate to his occupation, and shall pay a wage of at least the amount prescribed therein for the domestic worker’s grade, and no employee shall accept any amount less than the amount prescribed in respect of his grade.
• A domestic worker who, on the date these regulations came into operation, is in receipt of a higher wage for his occupation than the wage prescribed in terms of this section shall not, by reason of these regulations, suffer any reduction in his wage.
• On promotion to a higher grade, a domestic worker shall be paid not less than—
• the minimum wage applicable to such grade; or
• the wage which he has received prior to his promotion; whichever is the greater.
• A domestic worker who is required to perform work in a lower grade than that in which he is normally employed shall be paid the wage applicable to the grade of work which he normally performs.
• A domestic worker who is required to perform work in a higher grade than that in which he is normally employed shall be paid for all the hours worked in such higher grade not less than -
• the minimum wage applicable to such higher grade; or
• the wage which he last received prior to working in such higher grade; whichever is the greater.
• No employer shall reduce the wages of a domestic worker for any time not worked if the employee was able and willing to work and was present at his place of work but the employer was unable or unwilling to furnish him with work.
• ….

[Subsection repealed by s.i. 373 of 1993.]

5.   Hours of work

• The ordinary hours of work for domestic workers shall be forty-nine hours per week:

Provided that the ordinary hours of work, exclusive of any breaks referred to in subsection (3), shall not exceed a total of nine and a half hours per day.

[Subsection amended by s.i. 206 of 1994]

• A domestic worker who does not reside on the premises of the employer shall not be required to work beyond seven o’clock on any evening unless he consents to do so.

[Subsection amended by s.i. 373 of 1993]

• Any period during which a domestic worker referred to in subsection (2) works after seven o’clock on any evening shall be regarded as overtime for the purposes of section 8.

[Subsection inserted by s.i. 373 of 1993.]

• No employer shall require or permit a domestic worker to work a continuous period of six and half hours without a meal-break of at least thirty minutes, a lunch-break of at least one hour and a tea-break of at least fifteen minutes.
• A domestic worker shall be entitled to at least one and half days off each week at least twenty-four hours of which shall be continuous:

Provided that where the domestic worker’s or employer’s religious belief requires that a particular day be a non-working day, the domestic worker may make up the required hours of work on any other mutually acceptable day.

6.   Accommodation, transport, lights and fuel

A domestic worker—

• who does not reside on the premises of his or her employer shall be entitled to the minimum allowances specified in the Second Schedule;
• who resides on the premises of his or her employer shall be entitled to free lodging, free water for basic domestic needs in or about the area of the premises, free lights and free fuel for cooking or, if no water, lights or fuel are provided, to the minimum allowances specified in the Second Schedule in respect of water, lights and fuel for cooking.

[Subsection substituted by s.i. 46 of 2007]

7.   Conversion rates

(1) For the purpose of converting a weekly wage to—

• the hourly equivalent, the weekly wage shall be divided by forty-nine and a half; or
• the daily equivalent, the weekly wage shall be divided by the number of days ordinarily worked in a week; or
• the monthly equivalent, the weekly wage shall be multiplied by four and one-third.

(2) Computations analogous to hose set out in subsection(1) shall be used when converting monthly rates.

8.   Payment for overtime

• For each hour of overtime, or part of an hour in excess of fifteen minutes, worked by a domestic worker in any one week, the employer shall pay an overtime allowance at one and a half times the current hourly wage of the domestic worker.
• Notwithstanding subsection (1), for each hour, or part of an hour in excess of fifteen minutes, worked by a domestic worker on a day off, the employer shall pay an overtime allowance at double the domestic worker’s current hourly wage.
• Notwithstanding subsection (1), and in addition to the payment referred to in subsection (2), for each hour, or part of an hour in excess of fifteen minutes, worked by a domestic worker on a public holiday, the employer shall pay an overtime allowance

[Amended by s.i. 373 of 1993.]

• during the ordinary hours of work for the day of the week on which the public holiday falls, at one and a half times the domestic worker’s current hourly wage; or
• outside the ordinary hours of work for the day of the week on which the public holiday falls, at double the domestic worker’s current hourly wage.

9.   Deductions

No deduction or set-off of any description shall be made or allowed from any remuneration, other than a bonus due to an employee, except—

• where an employee is absent from work on days other than paid holidays or vacation leave, a pro rata amount of his wage only for the period of such absence; or
• by written stop-order for any contributions to insurance policies, pension funds and medical-aid societies; or
• any amount which an employer is compelled by law or legal process to pay on behalf of an employee; or
• for goods purchased by or services rendered, or domestic worker, or money lent to a domestic worker by his employer on the authority of a stop-order signed by the domestic worker for any amount up to but not exceeding twenty-five per centum of the gross wage due to such domestic worker, unless such goods have been purchased from, or the services have been rendered by, a supplier at the direction or dictation of the employer; or
• an amount recovered for payments made in error or overpayment of wages; or (f) by a written stop-order for contributions to trade union dues.

10.   Payment of wages

• Every employer shall pay all remuneration, including wages, overtime allowances, bonuses or any allowance specified in the Second Schedule, weekly or monthly, within three days of the due date:

Provided that, when a domestic worker’s services are terminated, payment of all remuneration due shall be made within twenty-four hours of the termination of service.

• All remuneration shall be paid in cash or by cheque and shall be accompanied by a wage-slip showing— (a) the name of the domestic worker; and
• the wage-rate; and
• the total number of hours worked; and
• anybonus or allowance; and
• deductions for absence without leave, or other deductions permitted in terms of section 9; and
• the net amount received by the domestic worker; and (g) the period for which payment is made.

11.   Part-time and casual employment

• Any domestic worker employed on a part-time basis or as a casual employee shall, unless the Minister otherwise approves in writing, be employed on an hourly basis, and shall be paid not less than double the hourly rate specified in the First Schedule for his grade in respect of each hour or part thereof worked.
• Any domestic worker employed simultaneously in any given period in two or more private households for a maximum of thirty hours per week shall be deemed to be employed on a part-time basis or as a casual employee in respect of each household in which he is employed.

12.   Piece-work, task-work or work on a ticket system

No employer shall give out, and no domestic worker shall perform work on— (a) a piece-work basis; or

• a task-work basis; or
• a ticket system; unless the work concerned does not form part of the duties specified for his grade and is performed outside his normal hours of work.

13.   Vacation leave

• A domestic worker shall accrue vacation leave at the rate of one and a half working days a month.
• Any portion of a month shall be regarded as a full month.
• A domestic worker in his first year of employment shall accumulate normal vacation leave but shall not proceed on such leave during that first year except with the consent of the employer.
• A domestic worker proceeding on vacation leave shall be paid his current wages for the period of such leave prior to his proceeding on leave.
• A domestic worker who has accumulated vacation leave may, with the consent of the employer, elect to be paid cash in lieu of any vacation leave or portion of any vacation leave in additional to his current wage, in place of proceeding on such leave.
• Every domestic worker whose employment is terminated for any reasons whatsoever shall be entitled to be paid the cash equivalent of accumulated leave.
• Any period of leave taken by a domestic worker in terms of this section, or any additional leave granted by the employer, whether paid or not, or any sick-leave taken in terms of section 15, shall not be counted for the purpose of calculating further leave.