Some live-out domestic workers, childminders can resume work – lawyer

Labour lawyer Michael Bagraim claims that there are grounds for live-out domestic workers and caregivers to return to work under level 4.

Bagraim says domestic workers, including live-out employees, may return to work under the following circumstances:

  • provided they’ll be caring for the sick
  • provided they’ll be caring for the mentally ill
  • provided they’ll be caring for the elderly
  • provided they’ll be caring for people with disabilities
  • provided they’ll be caring for children

The labour lawyer advises employers to give their domestic workers a letter with the following:

  • Name, address and contact details of employer;
  • Name, ID number and address of domestic worker; and
  • A description of their work duties.

WhatsApp it to the domestic worker and when they arrive at work, print the letter and both sign and date it, Bagraim says.

Not all domestic workers will return back to work under level 4, says union

On Wednesday, the South African Domestic Service and Allied Workers Union (Sadsawu) told CapeTalk that only live-in workers and caregivers would be allowed to work.

The union said it had communicated with the Labour Department to get clarity on what the level 4 lockdown restrictions mean for domestic workers.

Sadsawu’s general secretary Myrtle Witbooi said not all domestic workers would be allowed to resume their duties.

She said only domestic workers that live on their employer’s premises will be allowed to return to work under level 4.

In the cases where these live-in domestic workers have to travel long distances to get back to their jobs, their employers will have to provide written and signed documents stating that they are returning to their workplaces.

According to Witbooi, domestic workers who commute on a daily basis would not be allowed to return.

It’s only those [domestic workers] that live-in, staying with their employer who aren’t going to travel in and out every day.

Myrtle Witbooi, General secretary – Sadsawu

It’s domestic workers that have to come back because the schools are going to open or maybe their employer’s business is going to reopen and the employer needs them on the premises.

Myrtle Witbooi, General secretary – Sadsawu

It’s domestic workers who will return, to remain on the premises. All other domestic workers will return under level 2.

Myrtle Witbooi, General secretary – Sadsawu

She said all domestic workers would only be able to resume work fully under Level 2 lockdown restrictions.

Source: Cape Talk at https://www.capetalk.co.za/articles/382191/not-all-domestic-workers-will-return-back-to-work-under-level-4-says-union