Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 7 : Domestic Worker Sector, South Africa

Part G : Termination of Employment

25. Payment on termination

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(1)On termination of employment, an employer must pay a domestic worker all monies due to the domestic worker for any—
(a)wages, allowance or other payments that have not been paid;
(b)paid time-off that the domestic worker is entitled to in terms of clause 12 or 17 that the domestic worker has not taken;
(c)leave in terms of clause 19 that the domestic worker has not taken, irrespective of whether the domestic worker has completed an annual leave cycle or year of service, unless the domestic worker has not been employed longer than four months.

 

(2)For the purposes of clause 25(1)(c), a domestic worker is entitled to be paid in respect of any period for which leave was not granted—
(i)one week's wages for every four months worked; or
(ii)one day's wages in respect of every 17 days on which the domestic worker worked or was entitled to be paid.