Human Resources Management
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Item Contract of employment and its impact on the job security of domestic workers(2013-07-19) Ntisa, Atang Azael; McFarlane, N.; Moolman, L.When the South African authorities decided, in the 1970's, to recognize statutorily other Black workers who were engaged in other spheres of employment as employees, domestic workers were excluded from all Industrial Legislation. This resulted from the fact that domestic work, as an occupation, had been excluded from the definition of an employee. It is estimated that over one million people are engaged in this service, comprising eleven percent of overall employment in the informal sector of the South African economy. This significantly large sector of the labour market performs its work under some of the most oppressive working conditions and such exploitation is unchallenged, as it has been noted that some domestic workers do not sign contracts of employment with their employers on appointment, which can lead to insecurity in the domestic worker sector. The purpose of this research was to determine the efficiency of the contract of employment and its effect on the job security of domestic workers. Through a theoretical foundation, a number of studies have advocated that the contract of employment can be trusted to be the perfect instrument in securing jobs in the domestic sector. A survey was carried out for measuring job security. The research instruments used for data collection from 203 domestic workers, were interviews and questionnaires. The SPSS program was used to analyze the data. The results of the empirical study are presented and discussed in detail. Findings of this study revealed, that the majority of domestic workers don't have contracts of employment while a very small percentage of domestic workers do have contracts. Conclusions drawn, indicated that domestic workers who have signed contracts, enjoy reasonable conditions of employment and employment benefits than those without contracts. Recommendations based on this study are that the government encourages a very strong Trade Union Movement in the domestic sector services. The Commission for Conciliation Mediation and Arbitration (CCMA) and/or the Department of Labour facilitates annual workshops for employers of domestic workers. The CCMA, Trade Unions and/or the Department of labour facilitate training programmes for domestic workers. The government makes it a binding norm, for every employer in the domestic sector, to conclude a contract of employment with his/her domestic worker and furnish such employee with a copy of the contract, regardless of the nature of services rendered by employee. Ongoing research on many aspects of domestic workers will enhance better conditions of employment in making the lawmakers aware of other hidden agendas that require attendance in the domestic sector.Item Labour legislation in Emfuleni's domestic worker sector: awareness and compliance(2013-07-19) Marais, Christel; MacPherson, NSectoral Determination 7: Domestic Worker Sector was proclaimed by the Minister of Labour, Membathisi Mdladlana, and has stipulated the minimum employment conditions for the domestic worker sector since 1 September 2002. The purpose of this study evolved from the problem statement which clearly indicated the need for the assessment of awareness and compliance within the domestic worker sector. A detailed literature review enabled the researcher's orientation to the historical context of the sector as well as the need for transformation. Ultimately, the Determination's stipulations guided the assessment of both awareness (knowledge) and compliance (actions that correspond with legislative obligations) during an empirical review. A survey design was used to obtain responses from both domestic workers and employers of domestic workers, who were not necessarily in a direct employment relationship, within the Emfuleni Local Municipal District. Collected data was statistically captured and analysed. Desc1iptive statistics indicated that both employers and domestic workers have limited awareness with regard to the stipulations of Sectoral Determination 7. Results further indicated the difficulty in making a general pronouncement regarding compliance levels. It is suggested that compliance should be considered per individual stipulation of the Determination. The study concludes with the researcher's recommendation that more must be done to raise awareness within the sector amongst both employers of domestic workers and domestic workers. It was also recommended that more labour inspectors be made available not only to ensure the enforcement of Sectoral Dete1mination 7 (compliance) but also to facilitate the creation of continuous awareness.