Code of Good Practice

for accommodating live-in domestic workers

The following Code of Good Practice serves to provide minimum standards for accommodating live-in domestic workers, in regards to housing and living arrangements. Each of these suggested provisions below is backed by the South African Constitution, the Promotion of Equality and Prevention of Unfair Discrimination Act, United Nations Human Rights Conventions, and/or International Labour Organisation Conventions.

Please remember that all workers in South Africa, regardless of nationality or immigration status, are protected under the labour law.

CODE OF GOOD PRACTICE FOR ACCOMMODATING A LIVE-IN DOMESTIC WORKER IN A PRIVATE HOME

PLEASE NOTE: The guidelines below assume that the worker is living in a private room, which is highly preferred for maintaining the separation of work and personal life, and for preserving boundaries for both the employee and employers. A private room is also recommended as a minimum standard by the International Labour Organisation.

However, if this is not possible and the employee agrees to share a room with another employee or the employer’s family members, regulations must be in place to protect the privacy, rest time, social life and dignity of the employee.

Housing

1. Accommodation should include:

A private room, unless otherwise agreed in employment arrangement
At least one window and one door
All doors into the staff quarters must be lockable, with the employee holding a key
Access to a space for food preparation and cooking. (There should not be unreasonable limitations on the type of food to be cooked or the hours in which cooking is allowed.)
Access to a toilet and bath or shower, shared or private
Access to electricity
Access to water
Adequate lighting

2. Accommodation should be weatherproof, free from health hazards, and generally kept in good condition.

3. Common areas for use by employee during her off house should be agreed on in the employment arrangement (such as gardens and swimming pools).

4. Employee has the right to receive postal or other communication, as well as packages and deliveries.

5. Employee has the right to a formal proof of address from the employer.

6. Employer must respect the labour laws regulating accommodation of domestic workers, including at least 30 days accommodation on notice of termination of employment.

Family & Social Life

The employee has the right to family and social life, including to have at least one other person residing with them in staff quarters.
The employer cannot prohibit the worker from speaking to and socialising with other residents of the neighbourhood.
The employee may receive visitors in the staff quarters during non-working hours, provided that:

The employer or person in charge may impose reasonable conditions that are normally applicable to all visitors entering the property.
The employee shall be liable for any misconduct of his/her visitors causing damage to the property.
Overnight visitors do not exceed the density regulations of the unit.

Privacy

Employer may not enter the employee’s private proom without permission, except in case of emergency.
Employer may not search the employee’s room(s), belonging or physical person without permission, or if permission is withheld, a court order.
Employer may not search the employee’s phone, read his/her messages, or infringe in any other way on her privacy of communication.
If inspection or maintenance is required, advance notice should be given to arrange an agreeable time. The resident may not unreasonably deny access to the room for inspection or maintenance.
Employer may not force the employee to disclose medical information, obtain the medical information about the employee from her doctor without permission, or force the employee to go to a specific doctor.

Harassement & Abuse

Employer (or any other party at the residence) may not

Harass or bully the employee. (This includes rude or violent language, as well as unsubstantiated accusations of theft or property damage.
Physically or sexually assault or in any other way harm the employee.

Food

Food may not be provided as in-kind component of wages, or deducted from wages.
Any provision of food to the employee from the employer should be voluntary and not part of the employment arrangement.
Employees have the right to eat according to their own dietary restrictions and should not be limited by the employer’s dietary restrictions, unless otherwise specified in the employment agreement.

Religion

1. Employee has the right to practice the religion of his/her choice, recognizing that

Such practices should not unduly infringe on his/her working hours.
Religious practices should take place within the staff quarters.
Employee must be considerate of other residents on the property in managing noise or disturbance during worship.
Religious items should be kept withing the boundaries of the staff quarters.

2. Employer may not impose religious or other dietary restrictions on the employee, unless agreed to by employee.

Free Movement

Employee must not be forced to remain in the household during periods of daily and weekly rest or annual leave.
Employee is entitled to keep his/her identity documents in his/her possession but employer is entitled to a copy.

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