Contract of Employment:
This contract is entered into between (ID ), of , phone ("the Employer"), and (ID / passport ), of , phone ("the Employee").
1. Commencement and duration
Employment starts on . This contract is . It ends on . It continues until ended by either party in terms of clause 9.
2. Job and place of work
The Employee will work at . Main duties: .
3. Hours of work
Ordinary hours are hours a week, worked ( days a week), from to , with a meal break of minutes after no more than 5 hours of continuous work. Ordinary hours will not exceed 45 a week, nor 9 hours a day on a 5-day week or 8 hours a day on a 6-day week. The Employee is entitled to a daily rest period of 12 consecutive hours and a weekly rest period of 36 consecutive hours.
4. Overtime, Sundays and public holidays
Overtime is worked only by agreement, not more than 15 hours a week, and is paid at 1.5 times the hourly wage (or, by agreement, time off). Work on a Sunday is paid at double the wage (1.5 times if the Employee ordinarily works on Sundays). Work on a public holiday is by agreement and paid at double the wage.
5. Remuneration
The wage is R , paid on by . The Employee will receive a written payslip each pay day showing hours worked, pay and deductions. The wage will never be less than the national minimum wage, currently R30.23 an hour (from 1 March 2026), and will be reviewed at least once a year.
6. Deductions
The only deductions are the Employee's 1% UIF contribution, deductions required by law or a court order, and any deduction the Employee agrees to in writing. Accommodation . A deduction of not more than 10% of the wage may be made for it only if the room meets the standard set by Sectoral Determination 7.
7. Leave
- Annual leave: 21 consecutive days (3 working weeks) on full pay for every 12 months worked, or by agreement 1 day for every 17 days worked.
- Sick leave: in each 36-month cycle, the number of days normally worked in 6 weeks (30 days); 1 day for every 26 days worked in the first 6 months. A medical certificate may be required for absence of more than 2 consecutive days or more than twice in 8 weeks.
- Family responsibility leave: 3 paid days a year (once employed more than 4 months and working at least 4 days a week) for the birth or illness of a child, or the death of a close family member.
- Maternity leave: at least 4 consecutive months (unpaid by the Employer; the Employee may claim from UIF). Parental leave as provided by the BCEA.
8. UIF and COIDA
The Employer will register the Employee with the Unemployment Insurance Fund (if working more than 24 hours a month) and pay over the Employee's 1% and the Employer's 1% contribution each month, and will register with the Compensation Fund (COIDA) as required.
9. Termination
Either party may end this contract by giving written notice of 1 week during the first 6 months of employment and 4 weeks after that. Notice by the Employer may not be given during leave. A live-in Employee whose employment is ended is entitled to stay in the accommodation for 1 month, or to the period agreed. Dismissal must be for a fair reason and follow a fair procedure.
10. General
This contract is governed by the Basic Conditions of Employment Act 75 of 1997, Sectoral Determination 7 (Domestic Worker Sector), the National Minimum Wage Act and the Labour Relations Act. Where any of these give the Employee a better right than this contract, the law applies. Changes must be agreed in writing.
Made at HomeHR. General information, not legal advice. Have it checked if your situation is unusual.