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Employment contract

Domestic worker, nanny, babysitter or au pair

This is a general template, not legal advice. Employment law and minimum wages change. Check the current rules with the Department of Employment and Labour (labour.gov.za) or the CCMA before you sign, and change the wording to suit your situation.

1. The parties

EmployerEmployee
Full name
ID or passport number
Work permit number and expiry date (if not a South African citizen or permanent resident)Not applicable
Home address
Cellphone number

2. Start date and place of work

Employment starts on . The place of work is

The first months are a probation period, during which either party can assess whether the arrangement is working.

3. Job title and duties

Job title:

The employee's duties are (tick all that apply):

Childcare   General cleaning   Laundry and ironing   Cooking   School runs or driving   Homework help   Pet care   Care of an elderly person

Other duties, or more detail:

4. Hours of work

Working days: Mon   Tue   Wed   Thu   Fri   Sat   Sun

Work starts at and ends at , with a meal break of minutes.

Ordinary hours will not be more than the maximum allowed by law. Overtime is worked only by agreement and is paid, or given as time off, at not less than the rate set by law. Work on Sundays and public holidays is by agreement and is paid at not less than the rate set by law.

5. Pay

The wage is R per hour   day   week   month, which is not less than the national minimum wage.

The wage is paid weekly   monthly, on , by bank transfer   cash.

The employer gives the employee a payslip with every payment. The wage is reviewed at least once a year, in the month of .

The only deductions are the employee's UIF contribution, and any other deduction that the law allows and that the employee has agreed to in writing:

6. Unemployment Insurance Fund (UIF)

If the employee works more than 24 hours a month, the employer registers the employee with the UIF. The employer and the employee each contribute 1% of the wage every month, and the employer pays both contributions over to the fund.

7. Leave

Annual leave: days on full pay in each year of employment, taken at times agreed between the parties (not less than the legal minimum).

Sick leave: paid sick leave as set by law. A medical certificate is needed if the employee is absent for more than two days in a row, or more than twice in eight weeks.

Family responsibility leave: days on full pay each year (not less than the legal minimum), for the birth, illness or death of a close family member.

Maternity leave: at least four months in a row. This leave is unpaid unless the parties agree otherwise: . The employee may claim maternity benefits from the UIF.

Public holidays: the employee is entitled to paid public holidays that fall on a normal working day.

8. Accommodation (live-in employees only)

This clause does not apply.   The employer provides a room that is weatherproof, in good condition, has a window and a door that locks, and has access to a toilet and a bath or shower.

Deduction for accommodation: R per month (not more than the limit set by law). Meals provided:

Visitors and other house rules for the accommodation:

9. Children's safety and house rules

The employee will never leave a child unattended, will not use physical punishment, and will tell the employer straight away about any accident, injury or illness.

Use of cellphone during working hours:

Visitors during working hours:

Driving the children (vehicle, licence, insurance):

Other rules:

10. Privacy

The employee will keep the family's private information confidential and will not post photos or details of the children or the home on social media. The employer will keep the employee's personal information and documents confidential.

11. Ending the employment

Either party may end this contract by giving written notice of not less than one week during the first six months of employment, and not less than four weeks after that. If the employee cannot read, notice may be explained verbally. Serious misconduct may lead to dismissal after a fair hearing.

When employment ends, the employer pays all money owing, including pay for leave not taken, and gives the employee a certificate of service.

12. Disagreements

The parties will first try to resolve any disagreement by talking to each other. If that does not work, either party may refer the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA).

13. General

Any change to this contract must be in writing and signed by both parties. Each party receives a signed copy. Where this contract gives less than the law requires, the law applies.

Employer signature


DateEmployee signature


Date

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