A written contract protects both you and your domestic worker, and in South Africa, it is a legal requirement, not just good practice. This guide explains exactly what a compliant domestic worker contract must contain.
Is a written contract legally required?
Yes. Under the Basic Conditions of Employment Act and the Sectoral Determination for the domestic worker sector, every domestic worker must be given written particulars of employment, in practice a signed contract, within the first day or two of starting work.
A verbal agreement, even a fair one, does not meet this requirement and leaves both parties without a clear record if a dispute arises later.
What must a domestic worker contract include?
- Full names and addresses of both employer and employee.
- Job title and main duties, for example nanny, housekeeper, or caregiver, and what tasks fall inside or outside that role.
- Start date of employment.
- Working hours, including days of the week and daily start and end times.
- Wage, how it is calculated (hourly, daily, or monthly), and how and when it is paid.
- Overtime terms, including the rate for hours worked beyond ordinary hours.
- Leave entitlements, covering annual leave, sick leave, and maternity leave.
- Notice period required from either side to end the contract.
- Deductions, if any, and the reason for them (deductions require the worker’s written consent, with limited exceptions).
- UIF and any other statutory contributions, covered in detail in our UIF for domestic workers in South Africa guide.
Live-in vs part-time contract differences
A live-in domestic worker’s contract should also address accommodation standards, meal arrangements if applicable, and time off during the week, since these directly affect quality of life and are common sources of dispute. A part-time or casual contract should clearly state the specific days worked, since this affects both wage calculations and UIF thresholds. Our guide on choosing between live-in, sleep-in, or part-time domestic help covers how these arrangements differ in more detail.
What happens without a written contract?
- Disputes over wages, hours, or duties become harder to resolve, since neither party has a clear reference point.
- If a dispute reaches the CCMA, the absence of a written contract generally works against the employer, since the legal obligation to provide one sits with them.
- Workers without a clear contract are more vulnerable to being underpaid or overworked without recourse.
For the broader legal picture beyond contracts, see our guide to domestic worker legal rights and responsibilities in South Africa.
Updating a contract when things change
- Put any change to wage, hours, or duties in writing and have both parties sign or initial it.
- Keep a dated copy of every version of the contract.
- Review the contract annually, or whenever the minimum wage is updated, to confirm it still reflects the correct terms.
FAQ
Can I use a generic template for a domestic worker contract?
A generic template is a reasonable starting point, but confirm it reflects the current Sectoral Determination requirements and your specific arrangement (live-in, part-time, or full-time) before both parties sign.
Does a contract need to be in a specific language?
The contract should be in a language and at a level of detail the domestic worker understands. If she is more comfortable in a language other than English, provide it in that language, or go through the terms verbally to confirm understanding before signing.
What if my domestic worker refuses to sign a contract?
Discuss her concerns and clarify any terms she is unsure about. You are still required to provide written particulars of employment even if she does not sign, though a signed copy protects both sides far better in a dispute.