Abstract
Domestic work is known as one of the oldest and most common forms of informal work for many women. This is especially true for black South African women. Yet it remains one of the highly overlooked and under-regulated sectors of the informal economy. The nature of domestic work presents a number of challenges to many countries when it comes to the regulation and enforcement of labour laws within this sector. The sudden and unexpected global spread of the coronavirus has left economies and financial systems under severe strain. The Covid-19 pandemic had a harsh impact on South Africa’s already unstable job market. South Africa, like many other countries, instituted a national lockdown in March 2020 to fight the spread of the virus. The national lockdown had a negative impact on the economy and including the typical performance of obligations in employment contracts. Due to the lockdown and the physical distancing protocols that were put in place, the labour market has been severely prejudiced as many employers have had to close businesses and compel their employees to take leave. Consequently, the informal economy workers, including domestic workers, who represent the most vulnerable sector of the labour market, have suffered a massive setback to their capacity to earn a living. Disadvantaged workers, especially women, and children were most severely affected by the pandemic. For millions of domestic workers, no income means no food and no financial security. The continuation of the pandemic, as well as the evolving nature of the world of work, necessitates the protection of the most vulnerable individuals in society. This dissertation explores the position of domestic workers in the world of work and critically analyses to what degree South African law currently protects domestic workers. It also investigates if South African labour legislation needs to be amended to better serve and protect the distinctive needs and rights of domestic workers.