The requirement to have a contract of employment with your Domestic Helper, holds more advantages for you as the Employer than you could imagine. In this article, we will answer some important questions regarding the domestic worker contract of Employment which focuses on;
- How important is it to have a contract of employment with my Domestic Helper?
- Must I have a contract of employment if my Domestic Helper works less than 5 days a week for my household?
Know your Rights
Employers must understand the obligations of the requirements of the Sectoral Determination 7, but of equal importance, that you also realize the cover and support that the legislation provides for you as the Employer. To explain this view, it is important to explore the following clauses contained in Sectoral Determination 7;
Section 11 – Overtime –
“An employer may not require or permit a domestic worker to work overtime except in accordance with an agreement concluded between the employer and the domestic worker
Section 12 (2) – Payment of overtime –
“Despite sub-clause (1), an agreement may provide for an employer to …“
Section 12 (3) (b) –
“An agreement in writing may increase the period contemplated by paragraph (a) to twelve months.”
Section 13 (2) – Night Work –
“An employer may only require or permit a domestic worker to perform night work, if agreed in writing and if –“
Section 14 (2) – Standby –
“An employer may only require or permit a domestic worker to be on stand by if it is agreed in writing..”
Section 15 (5) – Meal Intervals –
“An agreement in writing may – (a) reduce the meal interval to not less than 30 minutes;”
These are just a sample of areas of the domestic worker contract where the legislation applicable to domestic workers, allow exceptions from the basic conditions. The principal requirement that the exceptions concerned are agreed, in writing, by both parties.
Domestic Worker Contract – Part-time – (working less than 5 days a week for an Employer)
Sectoral Determination 7 applies to all domestic workers and their respective Employers, therefore it is compulsory to have a domestic worker contract of employment even if your domestic helper works just 1 or 2 days a week for the household.
Part-time contracts also refer to engagements where a domestic helper is required for a specific period only, such as relief for a domestic who goes on maternity leave, to cover for someone who is on leave or extended sick leave. Specific fixed-term contracts can also be used in cases where domestic helpers with Asylum Permits are employed until their permits expire. They can even be applied in the case of domestic helpers with valid Work Permits.
Domestic Worker Contract of Employment – How Does Yesdomestic.co.za Protect You?
In the course of a working relationship, the Employer may be confronted with a variety of challenges. The onus is always placed on the Employer to act fairly. Some of these challenges are issues such as;
- Administering of tests to determine drug use,
- Polygraphs
- Retirement conditions
- Tests to determine alcohol use
- Handling of disciplinary matters
- List of duties and responsibilities
- Translated contracts to ensure that your employee understands their domestic worker contract.
Yesdomestic contracts include these important terms and conditions, firstly in order to protect and guide you as the Employer and, secondly to highlight these matters transparently to the Employee.
Contract of Employment – A Non-Negotiable for Yesdomestic Clients.
Based on the above, Yesdomestic regards having a formal domestic worker contract in place as an essential service and non-negotiable. Many Employers have learnt the hard way that certain practices are allowed and tolerated, but they do not understand that it is only valid and legal where a prior, written agreement is duly in place.
Contract of Employment – available in Seven African languages
Yesdomestic.co.za goes the extra mile to ensure that employers comply with legislation and also that our Domestic Helpers understand their individual Contract of Employment. Our English contract is available to be translated into 7 African languages in video format on the Member Portal. At your leisure you can sit down with your domestic helper and listen to translated version in the language preferred by your Domestic Helper while you follow the English text.
Domestic worker contract templates are available to be translated into the following languages;
- Sesotho
- IsiZulu
- Xhosa
- Venda
- Setswana
- Xitsonga