Firing a maid can be unavoidable and does and should happen if you fight her beyond redemption. If a maid constantly steals from you, you have no choice but to end the relationship. A maid can also turn her home into an entertaining boarding house for her friends and boyfriends (this is often done by untrained maids), she is left with no choice but to fire her.
But sometimes the firing can be for unfair reasons that have nothing to do with the performance or misdemeanors of the maid. In such a situation, you need to be very careful and avoid landing at the CCMA.
In case you find yourself in need of your maid reading to you rather than dismissing her. The downsizing is due to unavoidable problems, such as financial problems or relocation.
But whatever you do, try to follow your actions by letter to avoid time-consuming visits to the CCMA. Here is Sector Determination 7 for domestic workers, which sets out special rules governing termination of employment for domestic workers (maids).
Rules for firing a maid:
1. A notice period must be given to the domestic worker before the termination of the contract:
If a maid worked for 6 months or less, she is entitled to weeks notice. If you have been in your home for more than 6 months, you are entitled to one months notice.
The employer and the maid can agree on a longer notice period.
2. No notice of termination may be given during any period of leave that the worker is entitled to, except sick leave.
3. The employer must still pay the domestic worker during the notice period.
4. The employer must pay the worker all money owed to the worker including:
- subsidies or other payments
- paid time off
5. The employer must provide accommodation for the domestic worker if the employment contract is terminated before the date to which the home helper is entitled.
6. The employer should provide:
- 1 month of accommodation or until the contract is legally resolved.
7. Dismissed maids are entitled to one week of severance pay for each year of service.
8. When a maid is fired, he or she is entitled to a certificate of service. The certificate must indicate:
- Full name of the domestic worker
- Name and address of an employer
- Employment start and end date
- Job title and brief job description.
- Any relevant training received
- Payment received upon completion
- Reason for termination
9. If a domestic worker is unfairly dismissed, the domestic worker may contact the CCMA according to the legislation in section 37 of the BCEA (Basic Conditions of Employment Act).