Learn more about Employment Agreement - Domestic worker, or just get started
Our government takes the rights of employees very seriously. A written employment agreement is an essential part of any employment relationship because it makes sure that both the employer and the employee are clear about their rights and obligations. These agreements are so important that the Basic Conditions of Employment Act, No 75 of 1997, places a statutory obligation on every employer to conclude a written employment agreement with each of his/her employees.
This agreement allows you to fulfil your statutory duties without having to incur the expense of consulting a lawyer. The employment agreement caters for domestic workers, gardeners, child minders, office cleaners and tea ladies. If you require an employment agreement for any other type of employee (including senior managers), then make use of our general employment agreement.
Your agreement will provide comprehensive terms relating to, amongst other things, the employee’s hours of work, tasks, remuneration and leave. If you want to, you can also have provisions included that cater for aspects such as probation periods, additional benefits such as accommodation, meals, pension contributions or the provision of uniforms.
Clear and comprehensive terms of employment prevent future disputes and confusion. In other words, it makes complete sense to use our employment agreement to comply with your statutory duties. There is no better way of getting this done.
Full details of the contract:
The drafting process utilized for the domestic employment agreement includes the following capabilities:
An overarching assurance inherent in the agreement is that its terms will comply fully with the provisions of the Basic Conditions of Employment Act, No. 75 of 1997; the Labour Relations Act, No. 66 of 1995, and the “Sectoral Determination 7: Domestic Worker Sector, South Africa”.
The domestic employment agreement caters for a full spectrum of domestic employment situations and terms, including domestic workers, gardeners, child minders, combined domestic workers and child minders, office cleaners and tea ladies.
All types of employers are catered for, including individuals, private and public companies, close corporations, trusts, partnerships, sole proprietorships and registered or unregistered voluntary associations.
Full-time or part-time employees are accommodated, as are contract workers. The contract may provide for a fixed term or indefinite employment period and any probation periods that may be required are also accommodated.
An exhaustive range of potential remuneration structures can be adopted, including: wages paid per hour, shift, day, week, fortnight or month or fixed daily, weekly of monthly salaries.
Additional employment benefits are also addressed. These may include annual bonuses, travel allowances, uniforms and protective gear, accommodation, meals, pension fund contributions and other statutory employment contributions.
The employee’s hours of work can be specified in detail and provision is made for a full range of working hours, as well as meal breaks, timesheets (if required) and overtime worked on ordinary work days, weekends and public holidays. Remuneration for overtime is also fully addressed.
The employee’s leave entitlements are canvassed in full, including annual leave, sick leave, family responsibility leave and (if applicable) maternity leave.
The employee’s responsibilities and obligations are described in full and an appropriate range of warranties and indemnities is inserted into the agreement.
The grounds on which the employee’s employment may be terminated are stipulated, and full compliance with the Labour Relations Act, No. 66 of 1995 is ensured.
Ancillary terms relating to the commencement date of employment, the place of work, previous employment agreements, and more, are also dealt with in detail.
The contents and terms of each domestic employment agreement are dependent on the responses given during the online interview process. As a result, the above list constitutes a broad overview of the issues typically addressed in the document and is not intended to be comprehensive.