Domestic workers have clear legal rights. Employers also have obligations. Understanding the law protects both parties.
Constitutional and Statutory Protections
Domestic workers enjoy the same constitutional labour rights as other employees[11]. They are covered by:
- Basic Conditions of Employment Act (BCEA) – sets work hours, leave, contracts.
- Labour Relations Act – covers dismissal, unions.
- Sectoral Determination 7 – specific to domestic work (part of BCEA) outlining conditions like wages and leave.
- Occupational Health & Safety Act – even in a private home, the employer must ensure a safe workspace[12].
- Unemployment Insurance Act (UIA) – domestic workers qualify for UIF if working ≥24h/month[13].
Hours of Work and Overtime
By law, a domestic worker can work up to 45 hours per week[14]. This can be arranged as:
- Up to 9 hours/day if they work 5 days/week.
- Up to 8 hours/day if they work 6 days/week[14].
Overtime (beyond 45h/week) is allowed only if agreed by both and paid at a higher rate (usually 1.5x for overtime, 2x for Sundays)[15].
Meal and rest breaks apply: a 1-hour meal break after 5 continuous work hours[14], and daily rest of at least 12 hours (10 hours for live-in, by agreement)[16][17].
flowchart LR
A[Max 45h/week] –> B[8-9h/day standard]
B –> C[Overtime allowed up to 15h/week]
C –> D[Annual leave: 3 weeks/year]
D –> E[Sick leave: 6 weeks per 36 months]
E –> F[Family leave: 5 days/year (after 4mo)]
F –> G[Maternity: 4 months (unpaid)]
Leave and Benefits
Domestic workers must get:
- Annual Leave: 3 weeks paid per 12 months (pro-rated for part-year)[18].
- Sick Leave: 6 weeks paid over a 36-month cycle (or 1 day per 26 days worked in first 6 months)[19]. A medical certificate is required for sick absences beyond 2 consecutive days or twice in 8 weeks[19].
- Family Responsibility Leave: 5 days paid per year after 4 months of employment, for events like a child’s birth or illness[20].
- Maternity Leave: 4 consecutive months unpaid, during which UIF may pay benefits[21][22].
Employers must register the worker with UIF (if ≥24h/month) and pay contributions. Failure to register or paying below minimum wage is illegal[1][15].
Contracts and Termination
A written contract is required[23]. It must detail duties, hours, pay, leave, and termination notice. Key points:
- Written Contract: Lists tasks, hours, salary, leave. Check that both sign it[23].
- Notice Period: If employed >6 months, 4 weeks’ notice before termination is mandatory[24]; otherwise 1 week for <6 months. The employer must pay out any owed leave or severance on termination[24].
- Unlawful Termination: Arbitrary firing, discrimination or abuse is prohibited under the Labour Relations Act[25].
No Wage Deductions without Cause
Employers cannot deduct a domestic worker’s wages for uniforms, training, equipment, or food provided[26]. Allowed deductions include unpaid absences, lawful UIF/tax deductions, or agreed loan repayments (max 10% of wage)[26].