Nanny Contract for South Africa

Nanny Contract Template for South Africa

A comprehensive employment agreement governed by South African law, specifically designed for the engagement of a nanny or childcare provider in a domestic setting. This contract incorporates requirements from the Basic Conditions of Employment Act, Sectoral Determination 7 for Domestic Workers, and other relevant South African labor legislation. It covers essential employment terms, specific childcare duties, safety protocols, confidentiality requirements, and provides detailed schedules for daily routines and emergency procedures, ensuring both employer and employee interests are protected while prioritizing child welfare.

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What is a Nanny Contract?

The Nanny Contract serves as a formal employment agreement between households and childcare providers in South Africa, ensuring compliance with domestic worker legislation including the Basic Conditions of Employment Act and Sectoral Determination 7. This document should be used when engaging a nanny or childcare provider in a private household setting, whether full-time, part-time, or live-in. It includes essential provisions for employment terms, detailed childcare responsibilities, safety protocols, and confidentiality requirements, while incorporating mandatory labor law provisions such as UIF registration, minimum wage compliance, and specified working hours. The contract is particularly important given the formal recognition of domestic workers' rights in South African law and the need to protect both employer and employee interests while ensuring proper childcare arrangements.

What sections should be included in a Nanny Contract?

1. Parties: Details of the employer (parents/guardians) and employee (nanny), including full names, ID numbers, and addresses

2. Background: Brief context about the need for childcare services and the purpose of the agreement

3. Definitions: Key terms used in the agreement including 'Child/Children', 'Household', 'Working Hours', etc.

4. Employment Terms: Start date, probation period, and nature of employment (full-time/part-time)

5. Duties and Responsibilities: Detailed description of childcare duties, household tasks related to children, and safety responsibilities

6. Working Hours: Regular working hours, overtime arrangements, and public holiday provisions as per BCEA

7. Remuneration: Salary details, payment date, method of payment, and UIF contributions

8. Leave Entitlements: Annual leave, sick leave, family responsibility leave as per labor law requirements

9. Health and Safety: Safety protocols, emergency procedures, and first aid requirements

10. Confidentiality: Protection of family privacy and confidential information

11. Termination: Notice periods, grounds for termination, and final settlement provisions

12. General Provisions: Variation of agreement, governing law, and entire agreement clause

What sections are optional to include in a Nanny Contract?

1. Transportation Duties: Include when nanny is required to transport children to activities or school

2. Live-in Arrangements: Include when the nanny will be residing at the employer's residence

3. Special Needs Care: Include when caring for children with special needs or medical requirements

4. Travel Requirements: Include when the nanny may need to travel with the family

5. Educational Responsibilities: Include when nanny is required to assist with homework or educational activities

6. Pet Care: Include when nanny's duties include pet-related responsibilities alongside childcare

7. Multiple Household Duties: Include when nanny works across multiple households or for co-parenting arrangements

What schedules should be included in a Nanny Contract?

1. Schedule A - Daily Routine: Detailed breakdown of daily schedule and activities for each child

2. Schedule B - Emergency Contacts: List of emergency contacts, medical information, and emergency procedures

3. Schedule C - Salary Structure: Detailed breakdown of basic salary, allowances, and deductions

4. Schedule D - House Rules: Specific household rules, protocols, and preferences

5. Appendix 1 - Medical Authorization: Authorization for medical decisions in parents' absence

6. Appendix 2 - Child Information Sheet: Detailed information about each child including allergies, medications, and special needs

7. Appendix 3 - Performance Review Template: Template for regular performance evaluations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant Industries

Domestic Services

Childcare Services

Private Household Employment

Domestic Staffing Agencies

Family Services

Personal Services

Education and Childcare

Domestic Worker Industry

Relevant Teams

Human Resources

Legal

Domestic Staffing

Family Office

Private Client Services

Employment Law

Household Management

Recruitment

Relevant Roles

Nanny

Childcare Provider

Domestic Worker

Au Pair

Child Minder

Household Manager

Family Assistant

Domestic Staffing Manager

HR Manager

Employment Law Attorney

Domestic Placement Consultant

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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