DOMESTIC WORKERS

Many South Africans employ domestic staff. But they often don’t fulfil their formal obligations as employers such as having an employee contract in place, properly recording annual leave and sick leave, and making the relevant contribution to the Unemployment Insurance Fund (UIF). This admin may seem onerous or irritating, but it protects both the employer and the employee. In fact, it is illegal not to have the proper paperwork and deductions in place.

The law regarding domestic workers is detailed in the Basic Conditions of Employment Act and subsequent amendments and covers any staff that work in your home – including gardeners, cleaners, cooks, nannies and au pairs – whether they are employees or contractors. The law also covers employed foreign nationals and so the same conditions apply to any non-South-African employees.