Despite two reports recommending the inclusion of vulnerable workers in society in unemployment benefits, a new Bill expressly excludes them
Marianne Merten
By excluding South Africa’s approximately one million domestic workers from unemployment benefits, the government is failing in its constitutional duty to extend social security to all, says the Black Sash.
The NGO will next Monday tell Parliament’s labour portfolio committee hearing on the Unemployment Insurance Bill that the state must plan how to progressively widen access to social security rights in terms of Section 27 of the Constitution. The Constitutional Court confirmed this principle last October.
The Bill expressly excludes domestic workers, seasonal workers and government employees from unemployment, maternity, illness and adoption benefits, despite its aim to “alleviate the harmful economic and social effects of unemployment”.
Black Sash regions advocacy coordinator Shehnaz Seria said the exclusion of domestic workers is unconstitutional and amounts to unfair discrimination.
“There must be a plan [for] the progressive realisation of social security. This Bill does not have such a programme,” she said.
“We want to see the government give life to their policy of including vulnerable members of society into the net of social security protection.”
Instead, the Bill requires the labour minister to order an investigation into the viability of including domestic workers. Recommendations must be made within 18 months of the Bill becoming law.
Yet there have already been two investigations, in 1993 and 1996, which found that despite administrative difficulties, domestic workers should be gradually included in unemployment benefits.
In July 1993 the Limbrick Report to the then Department of Manpower suggested the use of municipalities to collect employers’ contributions.
The 1996 task team of experts from business, academia and labour suggested tax returns could be used for this purpose.
It is understood a report due for release at the end of the month by the Department of Labour on its sectoral determination for domestic workers also suggests their inclusion into the social security network.
In March last year the Black Sash suggested the express exclusion of domestic workers be removed from the Bill and replaced by a proviso that the labour minister would promulgate regulations dealing with the administrative measures to include them.
“It isn’t the domestic worker’s fault that the government has problems administering the fund. It is a fundamental right of a worker to belong to an unemployment fund,” said Myrtle Witbooi, secretary general of the South African Domestic Services and Allied Workers’ Union (Sadsawu).
She said little has changed for domestic workers, who are still struggling to be recognised as an important part of the workforce.
Of the Western Cape’s 2 000 Sadsawu members, only two are paid R1?000 a month or more. Instant dismissals, long working hours and lack of security still happen almost daily.
For example, a 63-year-old domestic worker was recently given R100 and told to leave because “she is too old” after 24 years of service. And another domestic worker who worked through holiday periods for 10 years to earn extra money was sacked after asking her employer for time off.
Both cases will be heard at the Commission for Conciliation, Mediation and Arbitration in Cape Town later this month.
The union is planning a protest at Parliament on Monday morning before Sadsawu president Hester Stephens presents its submissions.
“They do not see us as a workforce. Most people there [at Parliament] are employing domestic workers. So why should they be concerned about laws for domestic workers?” Witbooi shrugged.
“But can you imagine what will happen if domestic workers do not go to work on Monday. It will be chaos!”