Five things your domestic worker contract must contain
It is always advisable to consult an attorney to assist in reviewing the contract to ensure that there are no mistakes.
Employment contracts are very important tools for safeguarding the rights of both the employer and employee.
When entering into an agreement whereby one party agrees to offer services to another party, a valid contract that clearly describes the agreement has to be signed.
“This is equally important for individuals who hire domestic helpers,” said Tertius Bossert, Operations Manager at FNB Law on Call, as he broke down the important information that a domestic worker’s contract must include:
• Job description:
The employment contract must specify your employee’s job title and a description of the work that will be carried out. This is to ensure that both parties are on the same page in terms of what to expect and what is expected from each other.
• Working hours:
It is worth noting that working hours cannot be more than the 45 hours a week that is prescribed in the country’s labour laws, which can be broken down into nine hours a day for a five-day work week or eight hours a day for a six-day work week. Any additional hours are considered overtime.
• Remuneration:
Employers have to adhere to the domestic worker’s minimum wages set by the Department of Labour. These clearly stipulate that domestic workers who work in urban areas must earn a minimum of R13,05 per hour whereas those working at non-urban areas must earn a minimum of R11,89 per hour. These rates are, however, currently under review.
• Leave days:
Statutory leave such as annual leave, sick leave, maternity leave and family responsibility leave should be stipulated in the employment contract. In cases where the employee needs to take leave, she will have to apply for leave from her employer.
• Notice period:
The contract needs to include the notice period that must be given if one party wishes to terminate the contract. One week’s notice is often given if the domestic worker has been employed for one month or less, two weeks’ notice if employed for more than 1 month, but less than 12 months, and four weeks’ notice if employed for more than 12 months. The termination of employment should be in writing unless the employee is unable to read or write. In this case termination can also be verbal.
“It is always advisable to consult an attorney to assist in reviewing the contract to ensure that there are no mistakes. For consumers that cannot afford an attorney, there are service providers that offer consumers legal counsel such as labour matters, civil matters, criminal matters, reviewing contracts, and drafting of a will at an affordable monthly premium. For example, FNB Law On Call offers these services for R75 a month.
“When agreeing to hire someone, it is important that there’s an agreement in writing. This is to protect both parties in the case of any disputes. Contracts are there to serve this purpose and can be highly beneficial to both parties,” concluded Bossert.
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