Domestic Workers Contracts

Domestic Worker Contract between Employer and Employee

The first thing to do is to identify if you comply with the minimum wages for domestic workers 2011 set out by the Department of Labour.

Note that the there is a difference in the domestic minum wage depending on the area you live in and if the domestic worker works longer/shorter than 27 hours per week.

Download the latest Minimum Wage table below.

After determining if you fall short on the minimum wage, there are several ways to come up to par to comply with the minimum wage for domestic workers.

1. Raise the salary/wage to comply as stipulated by the Dept of Labour.

2. Add a benefit like a Burial Assist Funeral Plan, Medical Plan or Personal Pension. By law you are allowed to deduct the contributions from the salary with the workers permission (stipulated in the contract) This empowers the domestic worker to be able to cope with unforeseen circumstances and falling on financial difficulties in the future. This will also add more security to his/her work and employers peace of mind.

3. No more than 10% of Gross Salary may be deducted for live-in benefits or rent.

Now that you determined what your Domestic Worker Remuneration and benefits are going to be, you must set up a contract between yourself and the domestic worker as to what duties must be performed, how many hours you expect them to work, leave, sick leave etc.

Download and print the FREE sample contracts from the Department of Labour's website below.

 Application

• work on farms; or
• are covered by -
  • another sectoral determination, or
  • a bargaining council agreement.

The Basic Conditions of Employment Act applies in respect of any matter not covered by this sectoral determination.

See

• Sectoral Determination 7: Domestic Workers

  Special rules governing the employment of domestic workers

Written Particulars of Employment

Employer and Worker Details

• Employer’s full name
• Employer’s address
  

Employment Details

• Place/s of work
• Date of employment
• Working hours and days of work
  

Payment Details

• Salary or wage, or the rate and method of calculating wages
• Rate for overtime
• Any other cash payments
• Any payments in kind and their value
• Frequency of payment 
• Any deductions (i.e. Funeral Plan)
• Value and payment for any food or accommodation.
  

Leave Details

• Any leave to which the worker is entitled

Notice/Contract Period

• Period of notice required 
• Period of contract

This document must be updated if any details change.

An employer must keep a copy of this document while the worker is employed, and for 3 years thereafter.

If a worker is unable to understand the contract, the employer is to explain the information in a way that the farm worker understands.

This page is an extract from Department of Labour website.

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