5 THINGS YOU SHOULD KNOW BEFORE HIRING DOMESTIC HELP ONLINE.

5 THINGS YOU SHOULD KNOW BEFORE HIRING DOMESTIC HELP ONLINE.

Many Tanzanian households hire domestic workers to help out with a variety of chores, such as housekeeping, childcare, and other responsibilities. However, the practice has come under scrutiny lately, because many of the hiring and labor practices are illegal and possibly unfair. Some homeowners have also been exploited after hiring criminals as domestic workers.

Five steps to take before hiring a domestic worker

If you are planning on hiring a domestic worker through Kupatana, then you need to understand the law and ethical questions involved. You also need to carefully screen the potential worker for your own safety. Here are five things that you should know before getting started. 

1.     It’s Important to Be Fair With Responsibilities and Compensation

Decide what responsibilities you will delegate to your domestic worker. Here are examples of the duties that households usually assign to their help:

•  Taking care of the younger children while the parents are at work
•  Cleaning and tidying the house
•  Buying food and running other errands
•  Planting and harvesting crops

You may not have the budget to hire a domestic worker full-time, and paying them to take care of all of your responsibilities may not be an option. Unless you have a lot of discretionary income, it’s wise to retain a domestic worker just to handle child-rearing responsibilities and other essential tasks required while you are at work. Make sure you stay realistic about what they can handle within your budget.

2.     Require a Contract

It's always a good idea to have a contract in place when hiring a domestic worker. You are also legally required to have a contract drawn up in the following situations:

•  You are employing a domestic worker for more than six days a month. If you aren’t sure how often you will need to retain them, it’s probably best to have a contract in place the day that you hire them. This saves you an awkward conversation of asking them to sign one later on.

•  Tanzanian labor law requires all employers to provide a written contract if their employees will be leaving the country. You may require your help to occasionally cross the border if you live near Kenya, Uganda, or another neighboring country. Draw up a contract just in case a special travel situation arises.

Even if you won’t encounter the situations listed above, it's still very important to have a contract in place. Clearly outline the expectations and compensation both parties have agreed to. This will protect you in the event of a labor dispute.

Be careful that your contract doesn't violate Tanzanian labor laws. Your contract should always specify that you are paying the legal minimum wage. Many Tanzanian households lack the resources to pay the national minimum wage, since they are minimum wage earners themselves.

Low-income employers usually don’t sign contracts with their domestic workers, fearing the worker will have an advantage in a lawsuit. Fortunately, most domestic workers have excellent relationships with their employers, so lawsuits are extremely rare.

Prepare to negotiate if you are planning on paying higher than the legal minimum wage. Here are some negotiation tips you should consider.

3. Always Do a Background Check

Exercise caution whenever you hire anyone to work in your home. It’s critical to make sure that they are honest and competent.

The only real way to determine someone's qualifications is to conduct a background check. There are several areas you should investigate and verify:

Educational Background

It’s not always necessary for domestic workers to hold a formal education. However, a strong educational background proves that they are disciplined and intelligent. It will also make them a more attractive candidate, provided that all other factors are equal.

Criminal Background

Before hiring someone to work in your home and handle your personal affairs, find out if the applicant has a criminal background. However, it’s not always necessary to disqualify an applicant that has a criminal record if you understand the context before choosing to hire them.

Try to balance open-mindedness with prudence before deciding whether to hire a worker with a criminal record. Some people may have a record for a minor infraction that has no bearing on their future employment, while other offenses can be much more concerning.

For example, Tanzanian law allows a subordinate court to imprison someone for up to a year for possession of marijuana. If the applicant was charged with such a crime years ago, then you shouldn't be too worried. However, an applicant that has been charged with crimes against children or with embezzlement poses a much stronger risk.

Use your judgment before hiring someone with a criminal record by considering the nature of the offense and hypothetical situations around their crime. Decide for yourself whether you would be comfortable hiring someone in any of those circumstances.

Employee Background

The employee background check is probably the most important part of the screening process. While someone may have an excellent education, it doesn't necessarily mean they have a strong work ethic and will do a good job.

Get in touch with previous employers to ensure your candidate can do the job right. They can give you an overview of the applicant’s employment history, such as:

•  Whether they showed up to work on time
•  Whether they were easy to get along with
•  Whether they did a good job

It’s not always necessary to disqualify someone if their references aren’t perfect. Their previous employer may speak highly of them overall, but may feel that they weren’t the best person for the particular position. That doesn’t mean that they won’t make an excellent addition as a domestic worker for your home.

4. Understand the Employment and Labour Relations Act

Tanzania has passed stricter labor laws in recent years. Educate yourself on these new regulations before hiring an employee. Here are some of the key labor laws to be aware of:

Termination

Tanzania is not an employment-at-will country, which means that an employer cannot terminate someone at any time without a valid reason. There are only four circumstances where you can legally fire a domestic worker:

•  They do something unethical or illegal, such as stealing or being rude to one of your family members
•  They fail to perform their job properly
• They are physically incapable of performing certain duties
• You face certain financial problems or other limitations as an employer

You cannot terminate an employee simply because you do not like them. Trust any misgivings about an applicant during the hiring process instead of hoping it all works out for the best. You won’t be able to fire them easily after that.

Sick Leave

Under §32 of the Employment and Labour Relations Act of 2004, you will be required to pay some form of sick leave to your workers, as long as they are formally diagnosed by a medical professional. This law also applies to contracted domestic workers and means you are required to offer some form of sick leave to your employees if they work more than six days a month.

In all, your worker is entitled to 126 days of sick leave for every three year period. They must be paid the full wage for the first 63 days and half wage for the remaining 63 days of leave.

The sick leave law also prohibits you from terminating an employee during their period of sick leave.

5. Recognize the Role of Unions

Collective bargaining has become much more common in Tanzania in recent years. Domestic workers aren’t as likely to be unionized, so you may not have to worry about this. However, some domestic workers join unions such as the Tanzanian Conservation, Hotels, Domestic, and Allied Workers' Union (CHODAWU).

The CHODAWU had 5,200 members as of 2013 (the last year data was available). Union Chairman Titus Mlengeya said that his organization has been highly committed to fighting for the rights of domestic workersover the last decade. Mlengeya states that many workers are denied payment and often face harassment from their employers.

Find out if the worker is a member of CHODAWU or another domestic worker union. You may need to bargain with a unionized domestic worker, and should exercise caution about following the terms of your agreement.