You can fire your maid but do it within the letter of the law
Firing a maid can be unavoidable and it does and should happen if you fight her beyond redemption. If a maid constantly steals from you, you have no choice but to end the relationship. A maid can also turn your house into an entertaining guesthouse for her friends and boyfriends (this is often done by untrained maids), you have no choice but to fire her.
But sometimes the dismissal can be for unfair reasons that have nothing to do with the maid’s performance or faults. In such a situation, you should be very careful and avoid landing on the CCMA.
If you find yourself in need of information about your maid, better to back off than fire her. Downsizing is due to unavoidable problems, such as financial problems or relocation.
But whatever you do, try to follow your actions to the letter to avoid lengthy visits to the CCMA. Here is Sector Determination 7 for domestic workers, which establishes special rules governing termination of employment for domestic workers (maids).
Rules for firing a maid:
1. The domestic worker must be given a period of notice before the termination of the contract:
If a maid worked for 6 months or less, she is entitled to one week’s notice. If she has been in her employ for more than 6 months, she is entitled to one month’s notice.
The employer and the domestic worker can agree on a longer period of notice.
2. The notice of termination may not be given during any leave period to which the worker is entitled, except for sick leave.
3. The employer must still pay the domestic worker during the notice period.
4. The employer must pay the worker all money owed to the worker, including:
- wages
- Allowances or other payments
- paid time off
5. The employer must provide accommodation to the domestic worker if the employer terminates the employment contract before the date the domestic worker is entitled.
6. The employer must provide:
- 1 month of accommodation or until the legal resolution of the contract.
7. Dismissed domestic workers are entitled to one week’s compensation for each year of service.
8. When a domestic worker is fired, she is entitled to a certificate of service. The certificate must indicate:
- Full name of the domestic worker
- Name and address of an employer
- Start and end date of employment
- Job title and brief job description.
- Any relevant training received
- Payment received upon completion
- Reason for termination
9. If a maid is wrongfully terminated, the maid may contact the CCMA under the legislation in section 37 of the BCEA (Basic Conditions of Employment Act).