Domestic Worker Employment Contract with Accommodation South Africa

Employment Contract with Accommodation for Domestic Workers in South Africa

Summary

A Domestic Worker Contract for employment can be used when you employ a domestic worker such as a housekeeper or gardener. This template agreement makes provision for accommodation to be provided to your domestic helper.

Why do I need a Domestic Worker Contract?

South African labour law is clear about the need for written particulars of employment. The Basic Conditions of Employment Act and Sectoral Determination Seven for Domestic Workers require that every person appointed as a Domestic Worker must be appointed in accordance with written employment particulars, and this includes the appointment of a domestic worker or gardener. A written contract also helps to establish the parameters so that your domestic helper knows what his/her rights and responsibilities are.

Who should use a Domestic Worker’s Employment Contract?

If you employ a domestic worker (which includes a housekeeper, gardener, nanny, care-giver, or domestic driver) whether on a daily, weekly or monthly rate, then you can use a written Domestic Helper’s Employment Contract to appoint the domestic worker.

If your employment of your domestic worker does not include accommodation, then have a look at our standard Domestic Worker Employment Contract, which excludes accommodation.

What does the template Domestic Workers Employment Agreement say?

The agreement terms include: the employer and employee’s details; commencement of employment; remuneration; pension and medical aid; employee’s duties; working hours; leave; accommodation; termination.

What does the contract look like?

The document can be printed onto seven pages.

What do you need to do to use this Domestic Worker Contract?

• Read the template Domestic Worker’s Contract to ensure that it suits your requirements. Make changes as required.
• Add in the relevant details as indicated as blanks in the document, sign the agreement, and get your domestic helper to sign as well.

My domestic worker can’t read or write. How do I get him/her to sign the employment contract?

If your domestic helper is illiterate, s/he can “mark” a document, eg with an “X” or a fingerprint, and South African law recognises this as being his/her signature. But make sure that the terms of the agreement are clearly explained before requiring him/her to mark the document.

Is an employment contract still valid if the employee doesn’t sign it?

Yes, it is. It is clearly preferable for the employee to sign the terms of employment. But if s/he refuses to sign it, the employment contract remains valid.

Also known as: Domestic Worker Agreement; Contract of Employment; Conditions of Employment; Employment Agreement; Terms and Conditions of Employment; Terms of Appointment; Domestic Helper Contract.

Domestic Worker Employment Contract: An Overview

This Domestic Worker Employment Contract (“Contract”) is a legally binding document between the Employer and the worker. It outlines the terms and conditions of the employment relationship, focusing on the keywords provided.

Notice Period:

Both the Employer and the Employee must adhere to the notice period outlined in this Contract. In the event that either party wishes to terminate the employment, a notice period of one month is required. This allows sufficient time for both parties to make necessary arrangements and ensures a smooth transition.

Employee Elects:

The worker has the right to elect whether to continue providing services during the notice period. While the notice period is in effect, the worker may be required to fulfill their regular duties unless otherwise agreed upon by both parties.

Provide Accommodation:

As part of this domestic worker employment contract, the Employer is responsible for providing suitable accommodation for the Employee. The accommodation should meet local standards and regulations, ensuring a safe and comfortable living environment for the Employee.

Licence: The Employee acknowledges and agrees to obtain any required licences, permits, or certifications necessary to perform their duties. It is the Employee’s responsibility to ensure compliance with any relevant legal requirements imposed by local authorities.

Employer: The Employer, as outlined in this Contract, refers to the party hiring the services of the domestic worker. The Employer is responsible for providing clear instructions, necessary resources, and ensuring a conducive work environment for the Employee to perform their duties effectively.

Date: The specific date of the commencement of the employment relationship should be clearly stated in this Contract. It serves as a reference point for the duration of the employment and helps establish the timeline for the notice period if termination becomes necessary.

Better Performance: The Employer expects the Employee to perform their duties to the best of their abilities. The Employee should strive to improve their skills and deliver quality service. In return, the Employer should provide feedback and support to help the Employee achieve better performance.

Pay: The compensation and payment terms, including the frequency and method of payment, should be detailed in this Contract. The Employer must ensure that the Employee receives their agreed-upon wages in a timely manner, as per local employment regulations.

Notice: Both the Employer and the Employee are required to provide written notice to the other party when terminating this Contract. This ensures transparency and allows for appropriate arrangements to be made by both parties.

Document: This Contract serves as a legal document that formalizes the employment relationship between the Employer and the Employee. It outlines the rights, responsibilities, and obligations of both parties and should be signed and dated by both parties to indicate their agreement.

Cost: The Employer shall bear the cost associated with hiring the domestic worker, including any recruitment fees, visa fees, or other expenses incurred in the process. The Employee should not be responsible for any financial burden related to their employment.

One Month: The notice period specified in this Contract is one month. During this period, the Employee may continue providing services, and the Employer must continue to pay the regular wages to the Employee.

Property: During the employment, the Employee must respect and take proper care of the Employer’s property. Any damage caused by the Employee due to negligence may result in appropriate deductions from the Employee’s wages.

Employees: Throughout the Contract, the term “Employees” refers to the domestic worker(s) employed by the Employer.

Period of Service: The period of service refers to the duration of the employment relationship between the Employer and the Employee, starting from the specified date of commencement mentioned in this Contract.

Remain: All the terms and conditions outlined in this Contract shall remain in effect until the termination of the employment relationship, subject to any amendments agreed upon by both parties in writing.

This Contract is a binding agreement that establishes the rights and obligations of both the Employer and the Employee. It is essential for both parties to review and understand the terms and conditions outlined

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