Basic Guide to Domestic Worker Employment Contracts

As an employer, you are legally obliged to enter into an employment contract with your domestic workers if they work for you more than 24 hours per month. Employers must give workers certain details of their employment in writing and this contract must be kept for 3 years after termination. The key information that every contract must include are: -

Written Particulars of Employment

At the start of employment, employers must give workers a document containing the following information:

Employer and Worker Details

• Employer's full name
• Employer's address
• Employees full name
• Employees address
• Employees ID number

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 - please see below for details of conditions for deductions
• 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 worker understands.

Please click here http://www.labour.gov.za/documents/forms/basic-conditions-of-employment/sample-domestic-worker-employment-contract to download a government approved sample of an employment contract.

Special Conditions for Deductions

Employers may not-

• training
• equipment or tools
• work clothing
• food
• fines

Employers may deduct-

• the rand value of any unpaid leave
• up to 10% of total wages for-
• accommodation
• repayment of loans or advances
• amounts paid to third parties (e.g. banks, unions, etc.) on behalf of the worker (with worker's written consent)

Deductions for Damage or Loss

Deductions for damage or loss caused by the worker may only be made if -

• the employer has followed a fair procedure and given the worker a chance to show why the deduction should not be made,
• the worker agrees in writing, and
• the total deduction is not more than 25% of the worker's net pay

Most placement agencies will be able to supply you with these contracts as well as help should any mediation be necessary.