Why owing domestic staff may be legally wrong

For many employed people especially domestic help and those that work for individuals, a major and recurring challenge usually borders on wages and remuneration which is not paid on time. As a result of the economic situation, carelessness, lack of profit and many other issues, valid and not valid, some employers find it difficult to pay wages.

And to protect these hapless workers who have no union to fight for them, the National Assembly is working on passing a law which specifically makes it illegal to owe salaries.

The Bill which has reached the second reading has a long way to go to become law and though many doubt it will see the light of day, there is hope that it may be a reality and when this happens, employees’ especially domestic helps may have respite as their rights will be protected.

The bill is basically focused on the provision that employers who owe salaries have broken contractual obligation’ this means it is not a criminal offence but a civil matter and therefore the remedies will be limited and difficult to enforce but it definitely makes it an offence to owe an employee salary.

And since the Bill did not make a distinction between private and public companies and failed to describe the type of worker, it covers everyone. This, many think is to the advantage of people that work for individuals without legal documentation.

The bill prohibits employers from deducting wages due to bad or negligent work or injury to material or property if there was no agreement to this from inception where an agreement exists, deduction must not exceed the damage or loss.

And if salary is unpaid for between one to seven days, then the penalty is payment of the amount outstanding plus 10 per cent of one month wages; if the period is eight to 30 days, then the penalty is payment of the amount outstanding plus 20 per cent of one month wages and if the period is 30-60 days, then the penalty is payment of the amount outstanding plus 30 per cent of two months wages. But if the period is over 60 days and above, the penalty is payment of the amount outstanding plus 30 per cent of the wages for the duration and one month imprisonment for the employer.

It is indeed a new season for workers if this law is allowed to scale through.

 

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