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Advisory note on domestic wages
Human Rights Trust Of Southern Africa (SAHRIT)
April 13, 2005

The following statement contains very useful legal advice regarding what to do with the new wages for domestic workers that have been announced. In terms of the law, these rates apply and anyone who employs a domestic worker has to abide by the new wages.

The recent announcement on the issue of wages for Domestic workers has created near panic in many homes.

The Gazette Notice says that these new wages apply from the 1st of March. However legal advice is that they cannot be applied retrospectively and we suggest that you ignore this aspect and simply pay your domestic workers their normal salaries and allowances for March at the old rates.

As regards the application of the new rates, it is clear that these are beyond the ability of most people to pay. We suggest that if these new rates exceed 20 per cent of your take home income after tax, that you write to the following: -

The Permanent Secretary
The Ministry of Public Service, Labour and Social Welfare.
P Bag 7707
Causeway
Harare

In your letter you should state that your address is as shown on the letter, you employ the following staff as domestic workers on the following salaries and allowances. That your take home income after tax is as follows and you simply cannot afford the salaries listed in the Statutory Instrument Number 15 of 2005 published on the 25th March 2005.

The actual minimum wage agreed by the Board that deals with these matters was half the salaries shown above. If you can afford this then you should state that in your submission. If not you should indicate what you can afford and state that with effect from the 1st April 2005 you will pay your staff at this rate.

You should then tell the Secretary that you wish to formally apply for exemption from the regulations on the grounds that you cannot afford the wages shown in the Statutory instrument. Written proof of your income after tax would be essential and should be included as an attachment to the letter.

Inform your staff of what you have done and if you feel comfortable with this - give them a copy of your letter. Keep a copy of the letter and any attachments.

If you are subsequently visited by the Trade Unions do not discuss or debate this issue with them - simply direct them to the Ministry where your appeal will eventually be heard.

Please pass this on to your friends who might also be affected.

Visit the SAHRIT fact sheet

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