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Trustees as 'employer' of BC employees
I am troubled by the CCMA Commissioner's question mentioned in http://www.sto.co.za/forum/topic/5726-What_is_the_BC's_pension_policy
The Department of Labour Determination 7 is silent on the pensionable age of domestic workers.
The Department of Social Development issued an announcement on 11 July 2008 that as from April 2010 the eligibility age for men for the ‘old age grant’ of the South African Social Security Agency (SASSA) would be 60 (the same as for women).
The trustees of our scheme were under the impression that this and timeous notice to an aging cleaner-gardener is sufficient.
Any recommendations from trustees experienced in sectional title labour relations?
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RE: Trustees as 'employer' of BC employees
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RE: RE: Trustees as 'employer' of BC employees
Please will someone tell me whether a body corporate, ( thereby owners) can also be the mnaaging agents of a complex
RE: RE: RE: Trustees as 'employer' of BC employees
Hi, Sue, interesting - please post this as new topic, else replies will get lost under post not corresponding to existing heading.
RE: Trustees as 'employer' of BC employees
I would not say that one has to be experienced in sectional title (only) labour relations to respond here. I will also not say that I am necessarily fit to respond.
However, IMO the matter of retirement age is referenced by a specific clause to this effect in the employment contract of any employee. This can be any age (50, 55, 57, 65) and would be set according to the employer's policy regarding retirement of an employee....Show More
You could even categorize, by setting the retirement age for a gardener to 55 and for an office worker to 60, whatever is suitable in your employer's wisdom.
Important is to communicate this matter in the contract of employment, which has to be signed by employee and employer.
It is not yet established that the a BC gardener or cleaner is categorized under the domestic workers' sectoral determination.
The fact that SASSA has a set of rules is just to say that younger than before people will be eligible for an old age grant.
RE: RE: Trustees as \\\\\\\'employer\\\\\\\' of BC employees
Gehard, thanks for your comments. I am puzzled by your comment that a BC worker is categorised under Sectoral Determination 7, which define Domestic Workers as follow:
"“domestic worker” means any domestic worker or independent contractor who performs domestic work in a private household and who receives, or is entitled to receive, pay and includes -
(a) a gardener;
(b) a person employed by a house hold as a driver of a motor vehicle; and
(c) a person who takes care of children, the aged, the sick, the frail or the
disabled;
(d) domestic workers employed or supplied by employment services."
OK, a scheme comprising residential units does not necessary represent private households!
RE: Trustees as 'employer' of BC employees
The gardener/cleaner is classified as a domestic worker under the Basic Conditions of Employment Act No.75 of 1997 Sectoral Determination 7:Domestic Worker Sector as a worker employed by a Body Corporate under the Sectional Title.
I would advise that for more information/advise you contact The Pension Fund Adjudicator.
RE: RE: Trustees as 'employer' of BC employees
Swazi, and others
“domestic worker” means any domestic worker or independent contractor who performs domestic work IN A PRIVATE HOUSEHOLD (my capitals) and who receives, or is entitled to receive, pay and includes -
(a) a gardener;
(b) a person employed by a house hold as a driver of a motor vehicle; and
(c) a person who takes care of children, the aged, the sick, the frail or the disabled;
(d) domestic workers employed or supplied by employment services....Show More
The above clearly has only reference to those who performs work in a private household - which a BC is not.
The other extract which is relevant:
14. Other issues
There are certain OTHER ISSUES (my capitals) which are NOT REGULATED (my capitals) by the Sectoral Determination such as probationary periods, right of entry to the employers premises, afternoons off, weekends off and PENSION SCHEMES (my capitals), medical aid schemes, training/school fees, funeral benefits and savings account, however THE AFOREMENTIONED MAY BE NEGOTIATED (my capitals)between the parties and included in the contract of employment.
AND
16. Other conditions of employment
There is no provision, WHICH PREVENTS ANY OTHER CONDITIONS of employment being included in a contract of employment but any provision, which sets conditions, which are less favourable than those set by the Determination, would be invalid.
RE: RE: RE: Trustees as 'employer' of BC employees
Thus- my initial opinion stands.
RE: RE: RE: Trustees as 'employer' of BC employees
Gerhard, I am not being difficult but my impression had all along been that a 100% residential sectional title scheme is a collection of private households. I am not insisting that I am right, just not yet convinced that I have been wrong. Sorry!
RE: RE: RE: RE: Trustees as \'employer\' of BC employees
Some opinions on this forum are driven by firm beliefs, others by experience, others by specific knowledge. One problem are is \"interpretation\" - and even judges could differ in their opinion when adjudicating a matter.
To get back to this topic: even if it the employee is till mainly being employed for residential purposes ("domestic worker", "gardener") it has now become different in that the BC is not an employer from the perspective of a private household.
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