•domestic workers particularly are vulnerable to exploitation since they often are paid a flat rate,irrespective of hours worked

LAST week, I introduced the subject on domestic workers and it has, not surprisingly, drawn mixed reactions from some readers.
It is remarkable that the responses cut across the husband-wife divide, which suggests to me that, despite the mostly negative tag attached to them, domestic workers are not useless individuals after all.
They occupy an important space in the day-to-day affairs of many people’s homes in spite of the many controversies surrounding their work.
Like I stated, many couples are so caught up in their daily struggles to earn a living that they find it hard enough to maintain a semblance of personal and familial balance, and the vacuum so created is taken care of by house servants.
It is evident from the wide-ranging answers I have received (both written and verbally) that domestic workers are viewed from different perspectives.
While in some homes they are regarded as useful partners, they are simply a troublesome lot as far as other people are concerned.
They are only tolerated because they are “a necessary evil” pinned to many families.
House helps carry many titles in some homes, ranging from petty thieves to good-for-nothing illiterates.
Yet as they perform tasks such as cleaning, cooking, childcare and care of the elderly, they may be exposed to occupational health risks such as harsh chemicals and injuries all while having limited workplace safety rights.
Live-in domestic workers particularly are vulnerable to exploitation since they often are paid a flat weekly or monthly rate, irrespective of hours worked. In practice, it means that a domestic worker is available whenever needed.
I acknowledge the kind response from Ms Chana Chelemu-Jere, the International Labour Organisation national project coordinator for the Domestic Workers Project – Zambia, whose scope of work is on this segment of employees who are largely unrecognised in the labour sector.
I am also deeply humbled by requests from men like Mr Mwansa Kamukwamba for more information – or pieces of legislation – on domestic workers “so that we can be better guided on how to treat these important people who are helping us in our homes.”
In view of this, I will highlight some contents of the Statutory Instrument (SI) on domestic work.
Application
The Minimum Wages and Conditions of Employment (Domestic Workers) as contained in SI no 45 of 2012 applies to domestic workers, but shall not apply to employees in any occupation where wages and conditions of employment are regulated through the process of collective bargaining conducted under the Industrial and Labour Relations Act.
It shall similarly not apply to a sector where the minister has prescribed the minimum wage.
Interpretation
In this Order, unless the context otherwise requires, child means a person under the age of 15 years.
Domestic worker includes a person who takes care of a child, an aged person, a sick person, a frail person or a person with a disability within a household, and a gardener.
Employer means any person who has entered into a contract of service with a domestic worker.
Minimum conditions of employment implies the minimum terms and conditions of employment which may be offered to a domestic worker.
Minimum wages means the lowest wages which may be paid to a domestic worker. Paid public holiday is any day declared as a public holiday under section two of the Public Holidays Act.
It includes a public holiday declared as a paid public holiday under section 15 of the Employment Act.
Summary dismissal means the termination of a contract of employment without notice due to gross misconduct and fundamental breach of the employment contract by the employee.
Wages
The minimum wage for a domestic worker, excluding any amount paid in lieu of rations, shall not be less than K422 per month.
Where, prior to the commencement of this Order, a domestic worker was in receipt of a wage in excess of the minimum wage, the domestic worker shall on the date of commencement of this Order, retain the wage.
The domestic worker shall be entitled to transport allowance of K102 if they reside in a radius of three kilometres and more.
The wages of a domestic worker shall be paid at regular intervals not later than the five days after the date on which the wages fall due as follows:
•    The wages will fall due from month to month, on the last day of each month, in the case of a monthly paid domestic worker; and
•    In the case of a domestic worker who is employed to perform a task or piece work, wages will fall due on the completion of such task or work.
Hours of work
The normal weekly working hours for a domestic worker shall not exceed 48 hours per week. A domestic worker who works in excess of the prescribed hours of work shall be paid for each hour of work, at one and a half times the domestic worker’s hourly rate of pay.
A domestic worker who works on a paid public holiday or on a Sunday where a unday does not form part of the normal working week shall be paid, for each hour of work, at double the domestic worker’s hourly rate of pay.
Where a domestic worker is required to work in excess of the prescribed period of hours of work, the employer may agree with the domestic worker to pay him/her an overtime allowance, or to grant the domestic worker time off in lieu of overtime allowance.
Annual leave
An employer shall grant leave of absence on full pay to a domestic worker of not less than two days per month, subject to, and in accordance with, the following conditions:
•    Except on termination of a domestic worker’s service, the domestic worker shall be entitled to leave only on the completion of six months’ continuous service with that employer;

•    Paid public holidays and Sundays shall not be included when computing the period of leave; and the employer shall have the right to give reasonable consideration to the exigencies and interests of the household in agreeing to the dates when such leave may be taken.
Dear readers, next week I will look at other crucial issues regarding domestic workers such as paid sick leave, maternity leave, separation package, protective clothing, and prohibition of child labour.
For now, let us keep this link open as we share matters on labour and employment.
(This column is an initiative of the Ministry of Labour and Social Security. For comments or questions, email info@mlss.gov.zm or niza12001@yahoo.com)