CONTRACT OF EMPLOYMENT

Entered into between:

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(herein after referred to as "the employer")
Address of employer:
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and
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(herein after referred to as "the employee")
1 Commen!ement
This contract will begin on and continue until terminated as set out in clause 4.
" Pla!e of wor#
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$ %ob des!ription
Job Title .
(e.g.. Domestic worker, child minder, gardener, etc)
Duties ..
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& Termination of employment (See Guidelines 2 and 3)
ither party can terminate this agreement with four wee!s written notice. "n the
case where an employee is illiterate notice may be gi#en by that employee
#erbally.
' (a)e (See Guidelines 4 and 5)
$.% The employees wage shall be paid in cash on the
last wor!ing day of e#ery wee!&month and shall
be:
'.

$.( The employee shall be entitled to the following
allowances&payment in !ind:


$.(.% ) wee!ly&monthly transport allowance of '.

$.(.( *eals per wee!&month to the #alue of '.

$.(.+ )ccommodation per wee!&month to the #alue of '.

$.+ The total #alue of the abo#e remuneration shall be '.
(The total of clauses 5. to 5.2.3)
(!odif" or delete clauses 5.2. to 5.2.3 as
needed)

$.4 The employer shall re#iew the employee,s salary&wage once a year.
* +o,rs of wor# (See Guideline #)
-.% .ormal wor!ing hours will be from a.m. to . p.m. on
*ondays to /ridays and from a.m. to ..p.m. on 0aturdays.
-.( 1#ertime will only be wor!ed if agreed upon between the parties from time to
time.
-.+ The employee will be paid for o#ertime at the rate of one and a half times
his&her total wage as set out in clause $.+.
- Meal .nter/als (See Guideline $)
The employee agrees to a lunch brea! of one hour&+2 minutes (delete the one
that is that not applicable). 3unchtime will be ta!en from to
daily.
0 1,nday wor# (See Guideline %)
)ny wor! on 0undays will be by agreement between the parties from time to
time.
"f the employee wor!s on a 0unday he&she shall be paid double the wage for
each hour wor!ed.
2 P,bli! +olidays (See Guideline &)
The employee will be entitled to all official public holidays on full pay.
"f an employee does not wor! on a public holiday4 he&she shall recei#e normal
payment for that day.
"f the employee wor!s on a public holiday he&she shall be paid double.
13 Ann,al Lea/e (See Guideline ')
%2.% The employee is entitled to.. days paid lea#e after e#ery %( months of
continuous ser#ice. 0uch lea#e is to be ta!en at times con#enient to the
employer and the employer may re5uire the employee to ta!e his&her lea#e at
such times as coincide with that of the employer.
11 1i!# lea/e (See Guideline )
%%.% During e#ery sic! lea#e cycle of +- months the employee will be entitled to
an amount of paid sic! lea#e e5ual to the number of days the employee would
normally wor! during a period of si6 wee!s.
%%.( During the first si6 months of employment the employee will entitled to one
day,s paid sic! lea#e for e#ery (- days wor!ed.
%%.+ The employee is to notify the employer as soon as possible in case of
his&her absence from wor! through illness.
1" Maternity lea/e (See Guideline 2)
(Tic! the applicable clauses in the space pro#ided).
%(.% The employee will be entitled to . days maternity lea#e without pay7 or

%(.( The employee will be entitled to days maternity lea#e on pay
1$ Family responsibility lea/e (See Guideline 3)
The employee will be entitled to three days family responsibility lea#e during
each lea#e cycle.
1& 4ed,!tions from rem,neration (See Guideline 4)
The employer may not deduct any monies from the employee,s wage unless the
employee has agreed to this in writing on each occasion.
1' A!!ommodation
(Tic! the applicable bo6es).
%$.% The employee will be pro#ided with accommodation for as long as the employee is in
the ser#ice of the employer4 and which shall form part of his&her remuneration pac!age


%$.( The accommodation may only be occupied by the wor!er4 unless prior arrangement
with the employer.

%$.+ 8rior permission should be obtained for #isitors who wish to stay the night. 9owe#er
where members of the employees direct family are #isiting4 such permission will not be
necessary.

1* Clot5in) 64elete t5is !la,se if not appli!able7
sets of uniforms will be supplied to the employee by the employer and
will remain the property of the employer.
1- Ot5er !onditions of employment or benefits
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10 8eneral
)ny changes to this agreement will only be #alid if they are in writing and ha#e
been agreed and signed by both parties.
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*831<' *831<
>itnesses:
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89.4EL.NE1
Noti!e period and termination of employment
"n terms of the ?asic @onditions of mployment )ct4 any party to an employment
contract must gi#e to the other written notice of termination as follows:
1ne wee!4 if employed for four wee!s or less
/our wee!s if employed for more than four wee!s.
Pro!ed,re for termination of employment
>hilst the contract of employment ma!es pro#ision for termination of
employment4 it must be understood that the ser#ices of an employee may not be
terminated unless a #alid and fair reason e6ists and fair procedure is followed. "f
an employee is dismissed without a #alid reason or without a fair procedure4 the
employee may approach the @@*) for assistance.
8roArata lea#e and se#erance pay might be payable.
"n the e#ent of a domestic wor!er being unable to return to wor! due to disability4
the employer must in#estigate the nature of the disability and ascertain whether
or not it is permanent or temporary. The employer must try to accommodate the
employee as far as possible for e6ample4 amending or adapting their duties to
suit the disability. 9owe#er4 in the e#ent of it not being possible for the employer
to adapt the domestic wor!ers duties and&or to find alternati#es4 then such
employer may terminate the ser#ices of the domestic wor!er.
The 3abour 'elations )ct4 -- of %==$ sets out the procedures to be followed at
the termination of ser#ices in the @ode of ;ood 8ractice4 in 0chedule B.
(a)e:Rem,neration:Payment
There is no prescribed minimum rate of remuneration. )dditional payments (such
as for o#ertime or wor! on 0undays or 8ublic 9olidays) are calculated from the
total remuneration as indicated in clause $.+ of the contract. The total
remuneration is the total of the money recei#ed by the employee and the
payment in !ind (i.e. the #alue of food and accommodation etc.). 8ayment in !ind
may not be less than '%22.
Transport allowan!es; bon,ses; in!reases
These are not regulated by ?asic @onditions of mployment )ct and are
therefore open to negotiation between the parties.
+o,rs of wor#
Normal 5o,rs 6e<!l,din) o/ertime7
) domestic wor!er may not be made to:
wor! more than 4$ hours a wee!7
wor! more than nine hours per day for a fi#e day wor!
wee!7
wor! more than eight hours a day for a si6 day wor!
wee!7 and
O/ertime
) domestic wor!er may not wor! more than three hours of
o#ertime per day or %2 hours per wee! and must be paid at least
%.$ times the wage or may agree to recei#e paid time off. .
4aily and wee#ly rest periods
) daily rest period of %( consecuti#e hours and a wee!ly rest
period of +- consecuti#e hours4 which must include 0unday4
unless otherwise agreed4 must be allowed.
The daily rest period may by agreement be reduced to %2 hours
for an employee who li#e on the premises whose meal inter#al
lasts for at least three hours.
The wee!ly rest period may by agreement be e6tended to -2
consecuti#e hours e#ery two wee!s or be reduced to eight hours
in any wee! if the rest period in the following wee! is e6tended
e5ui#alently.
Meal inter/als
) domestic wor!er is entitled to a oneAhour brea! for a meal after not more than
fi#e hours wor!. 0uch inter#al may be reduced to +2 minutes4 by agreement
between the parties. "f re5uired or permitted to wor! during this period4
remuneration must be paid.
1,nday wor#
>or! on 0undays is #oluntary and a domestic wor!er can therefore not be forced
to wor! on a 0unday.
"f the employee wor!s on a 0unday he&she shall be paid double the daily wage.
"f the employee ordinarily wor!s on a 0unday he&she shall be paid one and oneA
half time the wage for e#ery hour wor!ed.
P,bli! +olidays
The days mentioned in the 8ublic 9olidays )ct must be granted but the parties
can agree to further public holidays. >or! on a public holiday is entirely #oluntary
and a domestic wor!er may not be forced to wor! on such public holiday.
The official public holidays are:
.ew <ears Day (% January)
9uman 'ights Day ((% *arch)
;ood /riday (#aries)
/amily Day (#aries)
/reedom Day ((C )pril)
>or!ers Day (% *ay)
<outh day (%- June)
.ational >oman,s Day (= )ugust)
9eritage Day ((4 0eptember)
Day of 'econciliation (%- December)
@hristmas Day (($ December)
Day of ;oodwill ((- December)
)ny other day declared an official public holiday from time to time should also be
granted.
These days can be e6changed for any other day by agreement.
"f the employee wor!s on a public holiday he&she shall be paid double the normal
days wage.
Ann,al Lea/e
)nnual lea#e may not be less than (% consecuti#e days for fullAtime wor!ers or
by agreement4 one day for e#ery %C days wor!ed or one hour for e#ery %C hours
wor!ed.
The lea#e must be granted not later than si6 months after completion of the
period of %( consecuti#e months of employment. The lea#e may not be granted
concurrent with any period of sic! lea#e4 nor with a period of notice of termination
of the contract of employment.
1i!# lea/e
During e#ery sic! lea#e cycle of +- months an employee is entitled to an amount
of paid sic! lea#e e5ual to the number of days the employee would normally wor!
during a period of si6 wee!s.
During the first si6 months of employment4 an employee is entitled to one day,s
paid sic! lea#e for e#ery (- days wor!ed.
The employer is not re5uired to pay an employee if the employee has been
absent from wor! for more than two consecuti#e days or on more than two
occasions during an eightAwee! period and4 on re5uest by the employer4 does
not produce a medical certificate stating that the employee was unable to wor!
for the duration of the employee,s absence on account of sic!ness or inDury.
Maternity lea/e
The employee is entitled to at least four consecuti#e months, maternity lea#e.
The employer is not obliged to pay the domestic wor!er for the period for which
she is off wor! due to her pregnancy. 9owe#er the parties may agree that the
domestic wor!er will recei#e part of or her entire salary&wage for the time that she
is off due to pregnancy.
Family responsibility lea/e
mployees employed for longer than four months and for at least four days a
wee! are entitled to ta!e three days, paid family responsibility lea#e during each
lea#e cycle when the employee,s child is born4 or when the employee,s child is
sic! or in the e#ent of the death of the employee,s spouse or life partner or
parent4 adopti#e parent4 grandparent4 child4 adopted child4 grandchild or sibling.
4ed,!tion from t5e rem,neration
The ?asic @onditions of mployment )ct prohibits an employer from deducting
any monies from the wor!ers wages without his&her written permission.
Ot5er iss,es
There are certain other issues which are not regulated by the ?asic @onditions of
mployment )ct such as probationary periods4 right of entry to the employers
premises4 afternoons off4 wee!ends off and pension schemes4 medical aid
schemes4 training&school fees4 funeral benefits and sa#ings account4 howe#er the
aforementioned may be negotiated between the parties and included in the
contract of employment.
Pro5ibition of Employment
The ?asic @onditions of mployment )ct prohibits employment of any person
under the age of %$ and it is therefore important for an employer to #erify the age
of the domestic wor!er by re5uesting a copy of the identity document or birth
certificate.
Ot5er !onditions of employment
There is no pro#ision4 which pre#ents any other conditions of employment being
included in a contract of employment but any pro#ision which sets conditions
which are less fa#ourable than those set by the )ct4 would be in#alid.
8lease note: these guidelines are not meant to be a complete summary of the ?asic @onditions of
mployment )ct and&or legal ad#ice. 0hould there be any doubt as to rights and&or obligations in
terms of the )ct or terms of any clause of the suggested @ontract of mployment4 such 5ueries
can be directed to the local office of the Department of 3abour4 who will gladly assist