Domestic Worker Contract Template for South Africa

A Domestic Worker Contract in South Africa is more than just paperwork—it's a legal requirement that protects both you and your domestic worker while ensuring compliance with South African labor law. This essential employment document establishes the terms and conditions of work, wages, and responsibilities under the Basic Conditions of Employment Act and Sectoral Determination 7.

When do you need this document?

You must have a written Domestic Worker Contract whenever you employ someone to perform domestic work in your home, regardless of whether they work full-time, part-time, live-in, or as a day worker. This includes housekeepers, gardeners, childminders, elderly carers, and general domestic assistants. The contract is required for both private households and domestic worker agencies operating in South Africa. Even if you're hiring someone for just a few hours per week, South African law mandates a written agreement that clearly outlines the employment relationship and protects both parties' rights.

Key legal considerations

Your Domestic Worker Contract must address several critical legal requirements to ensure compliance and protection. The contract must specify minimum wage rates as determined by Sectoral Determination 7, which are regularly updated and vary based on area and hours worked. Working hours cannot exceed 45 hours per week for full-time employees, with specific provisions for overtime compensation. The agreement must include annual leave entitlements (21 consecutive days), sick leave provisions (30 days over a three-year cycle), and maternity leave rights. Termination procedures must comply with the Labour Relations Act, including proper notice periods and fair dismissal processes. You're also required to register your domestic worker for unemployment insurance and ensure workplace safety compliance under the Occupational Health and Safety Act.

Legal requirements in South Africa

South African law imposes specific obligations on employers of domestic workers that must be reflected in your contract. Under the Basic Conditions of Employment Act, you must provide written particulars of employment within the first week of work commencement. The contract must be in a language the domestic worker understands, and both parties must sign the document. Sectoral Determination 7 requires that wages meet minimum standards, which vary by province and are adjusted annually. You must also comply with the Skills Development Levies Act if your annual payroll exceeds the threshold, contributing to skills development programs. The Compensation for Occupational Injuries and Diseases Act may apply depending on your circumstances, requiring registration and premium payments. Additionally, you must maintain proper records of hours worked, wages paid, and leave taken, as these may be inspected by Department of Labour officials.