Q: Is there any minimum wage guideline for my domestic driver?

I employ a driver in the afternoons to collect my kids from school, drive them around to their various extramural activities, and bring them home again in the afternoons. He drives my car and I pay for all the fuel. His working hours tend to change from day-to-day depending on my kids’ diaries, so I want to pay him an hourly wage. Is there any minimum wage guideline that I need to be aware of?

A:

A domestic driver would be classified as a “Domestic Worker” and his conditions of employment would therefore be set out in Sectoral Determination 7. The minimum amount that you’d be required to pay him depends on two things:

• his place of employment;
• the number of hours per week that he’s required to work.

If you are based in a major metropolitan area the following rates would apply:

• If he ordinarily works more than 27 hours per week he must be paid at a rate that is not less than R11,44 per hour.
• If he ordinarily works 27 hours per week or less he must be paid at a rate that is not less than R13,39 per hour.

If you based outside of a major metropolitan area the following rates would apply:

• If he ordinarily works more than 27 hours per week he must be paid at a rate that is not less than R10,23 per hour.
• If he ordinarily works 27 hours per week or less he must be paid at a rate that is not less than R12,07 per hour.

*These rates are applicable from 01 December 2015 to 30 November 2016

You should also consider recording the arrangement in a written contract of appointment.

Please note that this information is supplied for general information and does not constitute legal advice. It is advisable for you to contact a legal practitioner for guidance in respect of your unique requirements.