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Q: What employees are covered by the term "domestic worker"?

A: "Domestic worker" includes all employees providing services in or for a household, including housekeepers, nannies, gardeners, cooks, drivers and other caregivers.

Q: Must  the  employer  and  the  domestic  worker  enter  into  a  written contract?

A: Yes. The standard contract, which is a part of the Wage Order, covers the duties of the domestic worker and the conditions of employment required by law, including: hours; meal intervals; overtime; work on Sundays and public holidays, social security, sick leave, compassionate leave, maternity leave, vacation leave, provi­sion of food, accommodation and transport allowance.

@Empploy, we give you the possibility to do it right at the first time, so we offer give you the possibility to generate the contract with simply offering you the contract and guidance associated. 

Q: Does the law specify a minimum age for a domestic worker?

A: Yes. An employer may not hire a person under 18 years of age to perform

domestic work.

Q: Do domestic workers have the right to join a trade union?

Yes. Domestic workers have the same right os any other employees to join a trade union and to bargain with their employers with respect to terms and conditions of employment.

Q: What is meant by minimum wage?

A: The minimum wage is the least amount that that an employer may pay a domestic worker. 

It is unlawful to pay less than the minimum.

However, @Empploy, we think that the minimum wage is a bare minimum...

Employers and Employees are encouraged to negotiate higher wages than the minimum

wages that reflect the importance and value of domestic work to our families and to the Namibian nation.

Q: How much money must an employer pay to a domestic worker?

The amount of money to be paid depends on what the employer and the employee negotiate and agree to. 

Social Welfare sets minimum wages as follows:

Effective 1 April 2016, the above minimums must be increased by an amount equal to the increase in the Consumer Price Index plus 5% (Reference of the CPI is in 2010=100, NSA and as per the above.)

Q: Does the minimum wage apply to all domestic workers?

A: The minimum wage applies to all domestic workers except domes­tic workers on farms who are already covered by a collective agreement in the agricultural sector.

Q: Does the law permit employers who are presently paying their domestic workers a higher wage to reduce the wages of their employees down to the level of the minimum wage?

A: No, this would be unlawful. Employers are expected to honour the terms of the contracts that they have negotiated with their employees. It would be also unlawful to terminate the employment of such workers and to replace them with lower-paid employees. 

Q: Is the employer required to pay for the transport of a domestic worker to and from work?

A: Yes, the Wage Order requires that the employer pays, in addition to the minimum wage, the cost of round-trip public transport, if available, unless the employer provides transport directly for the employee. This applies to non-live-in employees. 

Q: Must the employer provide food to domestic workers, without charge?

A: Yes. If the employee lives in or is employed for at least five hours per day, the employer is required to provide suitable food in reason­ able quantity to meet the dietary needs of the domestic worker.

Q: May the employer deduct the cost of food, transport and uniforms from the domestic worker's salary?

A: No. The employer may not deduct transport or in-kind items, but may deduct payments required by law, such as social security contributions. 

Q: Is the employer required to protect the health and safety of the domestic worker?

A: Yes. The employer must provide a uniform and items needed to protect the domestic worker when working with dangerous sub­stances, such as gloves and masks; the employer must also provide health and safety induction on the use of appliances, equipment and chemicals.

The employer is also responsible towards Occupational Health and Safety, and as such the Medical Checkups are borne by himself, especially for nannies and cook in direct contacts with young children and food ingredients. 

Q: How is the annual leave of a domestic worker to be arranged?

A: The domestic worker will propose time for his/her annual leave, but the employer has the final say over the dates of annual leave. If a domestic worker is required to accompany the employer or mem­bers of the household on vacation to render services to them, this does not count as annual leave for the domestic worker.