The Basic Conditions of Employment Act (BCEA) and the Sectoral Determination for domestic workers require you to give your domestic worker her terms of employment in writing when she starts, covering 13 specific details. No term may be worse than the law allows. Without a written contract, you still owe her everything the law says. You just have no proof of what you agreed. If a dispute reaches the CCMA, it becomes her word against yours, and an unfair dismissal finding can cost you up to 12 months’ wages.
What the law requires
Two sets of rules apply when you employ a domestic worker:
- The Basic Conditions of Employment Act (BCEA) sets the minimum conditions for all employees. Section 29 says an employer must give an employee written particulars of employment when she starts work.
- Sectoral Determination 7 (Domestic Worker Sector) applies the same rule to domestic workers specifically, along with the sector's rules on hours, leave, notice and pay.
Under these rules, you must:
- Give her the written particulars on her first day of work
- Make sure the terms are explained to her in a language she understands
- Update them in writing whenever something changes, such as her wage, hours or duties
- Keep a copy while she works for you and for three years after she leaves
This applies to nannies, housekeepers, caregivers, gardeners and drivers, whether they live in or out, full time or part time.
What the contract must include
The Sectoral Determination lists the details every domestic worker's written particulars must contain:
| Required detail | What to write |
|---|---|
| 1. Your full name and address | As the employer |
| 2. Her name and job | For example housekeeper, nanny or caregiver, with a short description of the work |
| 3. Place of work | Your home, and anywhere else she's required or allowed to work |
| 4. Start date | The day her employment began |
| 5. Ordinary hours and days | For example Monday to Friday, 08:00 to 17:00 (no more than 45 hours a week) |
| 6. Wage, and how it's paid | Hourly or monthly rate (at least the national minimum wage) and method, such as EFT |
| 7. Overtime rate | At least 1.5 times her normal rate |
| 8. Other cash payments | For example a transport allowance or bonus |
| 9. Payment in kind | For example accommodation or meals, and their value |
| 10. Pay frequency | Weekly, fortnightly or monthly |
| 11. Deductions | UIF, and any accommodation deduction she has agreed to in writing |
| 12. Leave | Annual, sick, family responsibility, maternity and parental leave |
| 13. Notice period | Or, for a fixed-term contract, the end date |
Both of you should sign it, and she should get her own copy. Most employers also add a list of duties, house rules and how disciplinary matters will be handled. See our guides to leave, the 2026 minimum wage and UIF.
Check your contract
Tick each detail your current written contract includes.
What makes a contract BCEA-compliant
Having a signed document isn't enough. Every term must meet or beat the legal minimum. If a clause gives her less than the BCEA, the Sectoral Determination or the National Minimum Wage Act allows, that clause doesn't count, and the legal minimum applies instead. She can't sign away her rights, even if she agrees.
Clauses that don't hold up
- A wage below R30.23 an hour
- “No paid sick leave”
- Two weeks' annual leave a year
- “Overtime is included in the salary”, with no overtime rate
- “Either party may end this contract immediately”
- “The employee waives UIF”
What the law requires instead
- At least the national minimum wage
- Paid sick leave each 3-year cycle
- At least 3 weeks' paid annual leave
- At least 1.5 times her rate for overtime
- Notice of 1 week (first 6 months) or 4 weeks (after that)
- UIF if she works 24 hours or more a month
A contract that's out of date counts as non-compliant too. If her wage went up in March but her contract still shows last year's rate, update it.
If you have no written contract
Many employers assume that without a contract, there's nothing binding them. The opposite is true:
- She's still your employee. A verbal agreement is still an employment contract, and the BCEA and Sectoral Determination apply to it in full.
- You're already breaking the law. Not giving written particulars is itself non-compliance that a labour inspector can act on.
- You've lost your proof. If you disagree about her wage, her hours, the leave she's taken, her duties or the notice she must give, there's no document to settle it.
- Records count against you. The law puts the duty to keep employment records on you. If you can't produce them, a commissioner is far more likely to accept her version.
- Discipline is harder. Without agreed duties and rules, it's difficult to show she knew what was expected of her before you took action.
Here's how it plays out. You agreed verbally that your housekeeper works four days a week. After a falling-out you let her go, and she tells the CCMA she worked five days, was never paid overtime and never took annual leave. With no contract, payslips or leave records, you have nothing to show the commissioner, and you could be ordered to pay the difference on top of any unfair dismissal award.
How CCMA disputes work
The Commission for Conciliation, Mediation and Arbitration (CCMA) resolves most workplace disputes, including those between households and domestic workers. Referring a case is free for her, and she doesn't need a lawyer. The most common disputes are unfair dismissal and money owed.
- Within 30 days of dismissalShe refers an unfair dismissal dispute to the CCMA. A claim for unpaid wages, overtime, leave pay or notice pay can be referred too, and she can claim while still employed or after leaving.
- ConciliationA commissioner tries to help you reach a settlement, usually within 30 days of the referral. You must attend. If you don't, the case can move on to arbitration, and an award can be made without your side being heard.
- ArbitrationIf there's no settlement, the commissioner hears both sides and looks at the evidence, such as the contract, payslips, leave records and warnings.
- The awardThe commissioner can order reinstatement, compensation of up to 12 months' wages for an unfair dismissal (up to 24 months if it's automatically unfair, for example because she's pregnant), and payment of any money owed. The award is binding and can be enforced.
At an unfair dismissal hearing, once she shows she was dismissed, you must prove the dismissal was fair: that you had a fair reason and followed a fair procedure. A clear contract, signed house rules, payslips and written warnings are your evidence. Without them, it's very hard to meet that burden.
Labour inspectors can also enforce the BCEA directly. They can issue a compliance order, which the CCMA can turn into an arbitration award. Under Schedule 2 of the BCEA, the maximum fines start at R300 per employee for a first failure to comply, or 25% of any underpayment, and rise for repeat failures.
The risks at a glance
| Situation | What you can face |
|---|---|
| No written particulars at all | A compliance order, with maximum fines of R300 per employee for a first failure, rising to R1,500 for repeat failures |
| A contract with terms below the legal minimum | Those terms are invalid. You owe her the legal minimum, plus any back pay |
| An underpayment found by an inspector | The amount owed, plus a maximum fine of 25% of it (including interest) for a first failure, up to 200% for repeat failures |
| A claim for money owed at the CCMA | An order to pay unpaid wages, overtime, leave pay or notice pay, dealt with in one day where possible Common |
| A dismissal you can't prove was fair | Reinstatement, or compensation of up to 12 months' wages Highest risk |
| An automatically unfair dismissal, such as for pregnancy | Compensation of up to 24 months' wages |
For a full-time domestic worker on the minimum wage (R5,894.85 a month), 12 months' wages is about R70,700, compared with an hour or two to put a proper contract in place.
Putting it right
If your domestic worker has no contract, or an outdated one, fix it now. It's never too late, and a contract signed during a dispute carries far less weight than one signed in good times.
- Write down the current terms, including all 13 required details, using her real start date, hours and wage.
- Check every term against the law: the minimum wage, maximum hours, overtime rate, leave and notice periods.
- Add your house rules and her duties, and how warnings and disciplinary matters will be handled.
- Go through it with her in a language she understands, answer her questions and give her time to read it.
- Both sign it. Give her a copy and keep yours with her payslips and leave records.
- Review it every year, and whenever her wage, hours or duties change.
Our Payroll, UIF & COIDA service can draw up a BCEA-compliant contract for your household and keep her payslips and records in order.
Frequently asked questions
Is a verbal agreement with my domestic worker legally valid?
Yes. A verbal agreement creates an employment relationship, and the BCEA and Sectoral Determination apply in full. But the law also requires you to give her the terms in writing, so relying on a verbal agreement alone is non-compliant.
Does a part-time domestic worker need a contract?
Yes. The requirement applies to every domestic worker, however few hours she works. A worker who comes in one day a week is entitled to written particulars too.
Can my domestic worker agree to less than the law requires?
No. Any term that gives her less than the BCEA, the Sectoral Determination or the minimum wage allows is invalid, even if she signed it. The legal minimum applies instead.
She's worked for me for years without a contract. What should I do?
Put a written contract in place now, using her original start date so her service and leave are recorded correctly. Check that what you've been paying her meets the law, and settle any shortfall. We can help with both.
Can I dismiss my domestic worker without going through the CCMA?
Dismissal doesn't require the CCMA's permission, but it must be for a fair reason and follow a fair procedure, with proper notice. If she believes it was unfair, she can refer it to the CCMA within 30 days, and you'll need to prove it was fair.
Do I need a new contract when the minimum wage goes up?
You don't need a whole new contract, but you must update the wage in writing, for example with a signed addendum, so the contract always reflects what you actually pay her.
Get a contract that protects you both.
We draw up BCEA-compliant employment contracts, handle UIF and COIDA, and prepare monthly payslips. Or let us find you a vetted nanny, housekeeper or caregiver.
Sources: Basic Conditions of Employment Act 75 of 1997 (sections 29, 31, 69, 73, 73A and Schedule 2); Sectoral Determination 7: Domestic Worker Sector; Labour Relations Act 66 of 1995 (sections 187, 191, 192 and 194); National Minimum Wage Act 9 of 2018 and the 2026 national minimum wage of R30.23 an hour; CCMA information sheet on section 73A claims.
This guide is general information, not legal advice. For a specific dispute, get advice from a labour law professional.