Do you legally need a contract for a domestic worker in South Africa?
Short answer
Yes. Under the Basic Conditions of Employment Act, every employer must give a domestic worker written particulars of employment when they start — covering pay, hours, leave, duties and notice. There is no fee and no minimum number of hours that exempts you; a written contract is required from day one.
What the law requires
Section 29 of the BCEA requires the employer to supply written particulars of employment to every worker, including domestic workers, at the start of employment. This is the employer's legal duty, not the worker's, and it must be in writing.
What the contract must contain
The written particulars must cover: the employer and worker's details; the place of work; the start date; job description; ordinary hours and days of work; the wage (rate and how it is calculated) and pay day; any deductions including UIF; paid leave (3 weeks' annual leave, plus sick and family responsibility leave); and the notice period required to end employment.
Notice periods to include
The contract should reflect the statutory notice periods: 1 week's notice if employed for less than 6 months, 2 weeks from 6 to 12 months, and 4 weeks once employed for more than a year. These apply to both the employer and the worker.
Why a proper contract protects you
A clear, signed contract prevents disputes over pay, hours and leave, and is your evidence at the CCMA if there is ever a disagreement. It also makes UIF, payslips and leave tracking straightforward because everything is written down from the start.
Frequently asked questions
Is a written contract compulsory for a domestic worker?
Yes. The BCEA requires written particulars of employment for every domestic worker from the start of employment — there is no hours threshold that exempts you.
What must a domestic worker contract include?
Pay and pay day, ordinary hours and days, job description, deductions (including UIF), paid leave (3 weeks' annual leave plus sick and family leave), and the notice period.
Can I write the contract myself?
Yes, as long as it contains the legally required particulars. Dignita's free contract generator produces a BCEA-compliant, ready-to-sign PDF with the correct clauses.
Dignita is a compliance tool, not legal advice. Figures are based on current South African legislation; confirm with a labour-law professional for your situation.