The Domestic Worker Contract is a legally required document in South Africa for formalizing employment relationships between employers and domestic workers. It must comply with the Basic Conditions of Employment Act and Sectoral Determination 7, which provide specific protections and requirements for domestic workers. This contract should be used whenever engaging a domestic worker in South Africa, whether full-time or part-time, live-in or day worker. It contains provisions for wages (which must meet minimum wage requirements), working hours, leave entitlements, duties, and other conditions of employment. The document is essential for both private households and agencies employing domestic workers, ensuring legal compliance and protecting both parties' interests. Recent updates to South African labor law, including minimum wage adjustments and increased protections for domestic workers, are reflected in this contract template.
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1. Parties: Details of the employer and the domestic worker, including full names, ID numbers, and addresses
2. Background: Brief context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used in the agreement including 'domestic work', 'premises', 'working hours' etc.
4. Commencement and Duration: Start date of employment and whether the contract is fixed-term or permanent
5. Place of Work: Address where the domestic worker will perform their duties
6. Job Description: Detailed description of duties and responsibilities
7. Working Hours: Regular working hours, meal breaks, and rest periods as per legal requirements
8. Wages and Payment: Salary amount, payment method, date, and frequency of payment
9. Leave Entitlement: Annual leave, sick leave, family responsibility leave, and public holidays
10. Notice Periods: Required notice periods for termination of employment
11. Health and Safety: Basic health and safety provisions and responsibilities
12. Confidentiality: Protection of employer's private information and household matters
13. Disciplinary Procedures: Process for handling misconduct and poor performance
14. Termination: Grounds and procedures for termination of employment
15. General Provisions: Standard contractual clauses including entire agreement, variations, and governing law
1. Accommodation: Terms and conditions of live-in arrangements, if applicable
2. Transport Allowance: Details of transport provisions or allowances, if provided
3. Uniform Requirements: Specifications regarding uniform if required and provisions for supply/maintenance
4. Overtime Arrangements: Terms for overtime work if regular overtime is anticipated
5. Child Care Specific Duties: Detailed childcare responsibilities if position includes childcare
6. Pet Care Duties: Specific duties related to pet care if applicable
7. Use of Equipment: Terms for use of employer's appliances and equipment if significant
8. Additional Benefits: Any additional benefits such as medical aid contributions or bonuses
9. Security Procedures: Specific security measures and protocols if working in a security estate or high-security environment
1. Schedule A - Detailed Job Description: Comprehensive list of duties and responsibilities
2. Schedule B - Wage Calculation: Breakdown of salary including basic wage, allowances, and deductions
3. Schedule C - Working Hours Schedule: Detailed weekly schedule including break times
4. Schedule D - House Rules: Specific household rules and protocols to be followed
5. Schedule E - Inventory List: List of equipment/items the domestic worker is responsible for
6. Appendix 1 - Emergency Contact Information: List of emergency contacts and procedures
7. Appendix 2 - Leave Application Form: Standard form for requesting leave
Relevant legal definitions
Clauses
Relevant Industries
Domestic Services
Household Employment
Cleaning Services
Domestic Staffing
Private Household Services
Domestic Worker Agencies
Home Care Services
Relevant Teams
Human Resources
Legal
Compliance
Domestic Staffing
Personnel Management
Employment Relations
Recruitment
Workforce Management
Relevant Roles
Domestic Worker
Housekeeper
Child Minder
House Manager
Caregiver
Domestic Staff Coordinator
Household Assistant
Home Care Worker
Domestic Placement Specialist
Domestic Agency Manager
HR Manager
Compliance Officer
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