LWO Employers organisation

Membership Agreement –
Domestic Worker Package

1. DEFINITIONS:

Domestic worker: according to Sectoral Determination number 7 it includes any domestic worker or independent contractor who performs domestic work in a private household and who receives remuneration or is entitled to receive remuneration, including a gardener, a person who is employed as a driver of a motor vehicle, or a person who cares for children, the elderly, sick, frail and disabled persons.

Employer: any natural person that appoints a domestic worker under an employment contract.

Employers’ organisation: any number of employers associated together with the purpose, whether by itself or with other purposes, to regulate relations between employers and employees or trade unions.

Information session: proactive training with regards to al aspects of the Domestic worker sector. Employment contracts, payslips, policies, procedures, disciplinary code and pro-forma labour law documentation (warnings, ultimatums, etcetera) will be provided and explained.

Telephone advice: a member wi l enjoy free telephone advice 24 hours a day and seven days a week, but will be limited to 20 minutes per call. Calls resulting in consultations and/or exceeding the 20 minute limit may be subject to billing at our standard LWO hourly rate applicable at the time of the call.

LWO Werkgewersorganisasie (the LWO): a registered employers’ organisation in terms of Section 96(7) of the Labour Relations Act, Act number 66 of 1995, as amended, with registration number LR2/6/3/271, hereinafter referred to as “the LWO”.

Member: any natural person acting as the employer, who applies for membership and whos application is accepted by the LWO. Membership is established when a membership number is issued.

Renewal year: period from the date of joining as a member up to 12 (twelve) months thereafter.

2. TERMS AND CONDITIONS:

2.1 Joining fee:
2.1.1 A compulsory once-off joining fee and annual premium is payable before a member will qualify for any assistance.

2.1.2 Upon joining every member receives a once-off electronic information session, which is included in the joining fee.

2.2 General responsibilities of the member:
2.2.1 Membership is limited to two domestic workers, after which an additional R200.00 is payable per year per additional domestic worker.

2.2.2 Every employer who joins as a member is entitled to attend a free electronic information session. This information session aims to train the member in the basic principles of Labour legislation, as wel as specific legislation applicable to the Domestic worker sector, to enable the member to limit his labour law risk.

2.2.3 To continuously comply with al applicable stipulations of the LWO’s Constitution.

2.2.4 Legal costs incurred by the LWO for the recovery of costs and outstanding and / or overdue fees, can be recovered on an attorney and client scale.

2.3 Responsibilities of the LWO Werkgewersorganisasie:
2.3.1 The LWO will at al times value and treat the member with the necessary respect and integrity.

2.3.2 The member’s interests are put first unless it conflicts with the LWO’s Constitution, public interest and / or applicable labour law and other South African legislation.

2.3.3 The LWO undertakes to inform the member of al relevant changes in the Domestic worker sector.

2.3.4 The LWO undertakes to process the member’s personal information in accordance with the Protection of Personal Information Act and only for purposes of fulfilling the LWO’s obligations and legal functions within the framework of the LWO’s Constitution.

3. MEMBERSHIP BENEFITS:

The following benefits are applicable and are covered by the membership fee, payable in advance:

  • regular electronic newsletter with relevant information and case studies;
  • free telephonic advice 24 hours per day and seven days per week;
  • a once-off electronic information session, refer to paragraph 2.1.2;
  • access to al LWO services at member tariffs;
  • a membership certificate for CCMA and Labour Court matters;
  • an information file with bound employment contracts, as wel as a USB with relevant legislation, employment contracts, a manual and all applicable labour law documentation.

4. SETTLING OF DISPUTES:

4.1 If any dispute arises between the member and the LWO about membership, member benefits or any other relevant matter, the member agrees that:

4.1.1 the dispute must first be handled by the relevant division of the LWO; and then

4.1.2 if necessary by the Chief Executive Officer; and then

4.1.3 if necessary by the Management Committee; and then

4.1.4 if necessary by the LWO Council, each respectively within 30 (thirty) days.

4.2 If the dispute sti l remains unresolved, the member agrees that an external mediator, as agreed upon by al parties, wi l settle the dispute and that the outcome of this process is final and binding.

4.3 The costs of the external mediator wi l be paid by both parties on a 50/50 percentage basis.

5. PROTECTION OF PERSONAL INFORMATION (POPI)

5.1 The Member acknowledges and agrees that the LWO will collect, process, and store personal information in accordance with the applicable data protection laws, including but not limited to the Protection of Personal Information Act.

5.2 The employer undertakes to process the PI of the employee only in accordance with the conditions of lawful processing as set out in terms of POPIA and only to the extent that it is necessary to discharge its obligations and to perform its functions as an employer and within the framework of the employment relationship and as required by South African law.

5.3 The LWO shall implement reasonable measures to safeguard the confidentiality and security of personal information, aiming to prevent unauthorized access, disclosure, alteration, or destruction.

5.4 The Member has the right to request access to, correction of, or deletion of their personal information held by the LWO, in accordance with applicable data protection laws.

5.5 The LWO will retain the Member’s personal information for the duration necessary to fulfil the purposes for which it was collected, unless a longer retention period is required or permitted by law.

5.6 In the event of a data breach that may compromise the security of personal information, the LWO will take appropriate measures to mitigate the impact of such a breach.

5.7 The Member agrees to promptly inform the LWO of any changes to their personal information to ensure accurate and up-to date records.

5.8 The LWO may update this POPI clause as necessary to comply with changes in applicable data protection laws. Members will be notified of any material changes.

By signing this agreement, the Member acknowledges that they have read, understood, and agreed to the terms of this POPI clause

6. RESIGNATION:

Resignation as a member can be done by giving 30 (thirty) days’ notice in writing to the LWO.

7. THE LWO’S CONSTITUTION:

By signing this agreement the member accepts the LWO’s Constitution and the content of this agreement will be interpreted on the basis of any terms, as set out in the LWO’s Constitution, or any reasonable interpretation thereof.