DOMESTIC WORKER CONTRACT OF EMPLOYMENT

To be typed onto an Employer letterhead.

 

------- Employer Name and Address Details -------

Date : ___________________________

 

------- Employee Name and Address Details -------

 

Dear

CONTRACT OF EMPLOYMENT - (DOMESTIC EMPLOYEE)

 

It is with great pleasure that I wish to confirm your appointment as a domestic servant / gardener (job title) with effect from ________________________ (Date commences employment), based on the following terms and conditions of employment:

 

1. Primary Duties

 

1.1 You will be employed primarily in the capacity of _________________ reporting to Mr/Mrs/Ms _______________________ (name of employer) and employed at _____________________ (address) to perform the duties set out in your job description, a copy of which is attached hereto.

1.2 It is a specific term and condition of your employment that you may be required to perform other duties and responsibilities in the course and scope of your employment with Mr/Mrs/Ms _____________________ . Your job title does not define or restrict your duties and you may be required to undertake other work within your abilities at the request of Mr/Mrs/Ms ____________________ , and any refusal to comply with such request constitutes a breach of your contract of employment.

1.3 You shall, unless prevented by ill-health or accident and except during holidays permitted in terms of your contract of employment with Mr/Mrs/Ms ________________, devote your usual working hours, attention and abilities to the proper, loyal and efficient conduct, improvement, extension, development, promotion, protection and preservation of the business, reputation and goodwill of Mr/Mrs/Ms _______________ and not do anything which is harmful to it.

2. Basic Salary (please read section 29(1)(h -k) of the Basic Conditions of Employment Act)

2.1 You will receive a gross salary of R_____________ per week / month, in arrears, from which deductions for PAYE, SITE, UIF, medical aid, Pension / Provident Fund and any other amount required by law or authorised by yourself and agreed to by Mr/Mrs/Ms _______________ may be made.

2.2 You will receive a detailed breakdown of your remuneration each month, indicating all and any payments made to you, as well as any deductions made from you salary by Mr/Mrs/Ms _______________ or authorised by you.

2.3 You will be paid by no later than the last day of each week / month / 25th of each month.

2.4 In addition to the above cash payment, you will also receive the following benefits / payment in kind:-

 

The employee/s wage shall be paid in cash on the last working day of every week/month and shall be: R………….
The employee/s shall be entitled to the following allowances/payment in kind: R………….
A weekly/monthly transport allowance of R………….
Meals per week/month to the value of R………….
Accommodation per week/month to the value of R………….
The total value of the above remuneration shall be R………….

2.5 The employer shall review the employee’s salary/wage once a year.

3. Medical Aid Fund (not a statutory requirement, can be deleted)

3.1 Membership of a Medical Fund is voluntary / compulsory subject to the terms and conditions of the Medical Aid Policy. Full details of the rules of the Medical Aid Fund will be provided to you. You will be required to pay the full cost / employee portion of your membership to a Medical Aid Fund.

4. Provident Fund (not a statutory requirement, can be deleted)

4.1 Membership of the Pension / Provident Fund is voluntary / compulsory, subject to the rules of the fund. Full details of the rules of the fund will be provided to you. The employer contribution to your Pension / Provident Fund is included in your gross monthly salary. You will be required to become a member of the Pension / Provident Fund on joining Mr/Mrs/Ms _______________.

5. Working Hours

5.1 You will be required to work a maximum of 45 ordinary working hours per week, nine (9) / seven and one-half (71/2) ordinary hours per day, five (5) / six (6) days per week.

5.2 Your usual working hours are set out our below although it is specifically recorded that the shifts you will be required to work may vary:-

Day

Start

Lunch Hour

(excluded from working hours)

End

Total
Hours

Monday

From ___h____

___h____ to ____h____

To ___h____

 

Tuesday

From ___h____

___h____ to ____h____

To ___h____

 

Wednesday

From ___h____

___h____ to ____h____

To ___h____

 

Thursday

From ___h____

___h____ to ____h____

To ___h____

 

Friday

From ___h____

___h____ to ____h____

To ___h____

 

Saturday

From ___h____

___h____ to ____h____

To ___h____

 

Sunday (requires employee written consent)

From ___h____

___h____ to ____h____

To ___h____

 
         

 

5.3 You may be required to work overtime (a maximum of three hours on any day and ten hours in any week), night shifts, on Public Holidays and on Sundays in certain instances as may be necessary for the proper performance of your duties or as reasonably required by Mr/Mrs/Ms _______________. The particulars of the shift you will be required to work will be explained to you by the relevant department heads. If applicable, you will be remunerated for any overtime work, or night shift work, or work on Public Holidays and on Sundays in accordance with the provisions of any applicable legislation.

6. Annual Bonus (example - not a statutory requirement)

6.1 In addition to your monthly salary, you may become entitled to an annual bonus cheque.

6.2 The bonus year is calculated from December of the previous year to November of the following year. The annual bonus shall however only become due and payable on 15th December of each year, and employees who have less than one year’s service with Mr/Mrs/Ms _______________ will be paid their annual bonus in accordance with the following provisions of the annual bonus policy:

6.2.1 Employees with less than 6 months unbroken service receive no bonus pay;

6.2.2 Employees with between 6 and 12 month's unbroken service may receive 2 weeks bonus pay.

6.3 Payment of the annual bonus is entirely at the discretion of Mr/Mrs/Ms _______________.

7. Annual Leave

You will be entitled to three weeks leave per annum. Leave must be taken at a time which is mutually convenient to both yourself and Mr/Mrs/Ms _______________. The holiday year commences in the month you were employed with Mr/Mrs/Ms _______________.

8. Sick Leave

You will be entitled to 36 sick days leave in every three year cycle. In the first year of employment, you will be entitled to one day’s sick leave for every completed month of employment.

9. Termination of Employment

9.1 During the initial three months of your employment, you will serve a probationary period. During the first four weeks of your probationary period, your contract of employment is subject to one (1) week's notice.

9.2 On completion of one (1) month's employment, your employment is subject to one (1) month's notice, in writing, by Mr/Mrs/Ms _______________. The period of notice may be waived or reduced subject to mutual agreement of both parties. This contract may be terminated with or without notice for misconduct, incapacity or operational requirements of Mr/Mrs/Ms _______________, or any other reason recognised in law as being sufficient.

10. Council and/or Sectoral Determinations (if applicable)

10.1 In addition employees terms and conditions of employment may be governed by the council or sectoral determination:- (the catering industry is used as an example below. At date of printing, no Determination exists for the Domestic Employers Industry, nor is the a regulated minimum wage).

 

Sectoral Determinations:
Government Gazette Number: 11880

……………………………….

Title: Wage Determination 461 - Catering Trade, Certain Areas (as amended)
Council(s):
Name of Bargaining Council:

Government Gazette Number:

Address of Bargaining Council:

Telephone:-

Facsimile:-

……………………………….

……………………………….

……………………………….

……………………………….

……………………………….

10.2 All sectoral and council determinations are public documents. Copies of any Sectoral or Council Determinations can be obtained from the Government Printer.

 

11. Accommodation

(Tick the applicable boxes).

11.1 The employee will be provided with accommodation for as long as the employee is in the service of the employer, and which shall form part of his/her remuneration package
11.2 The accommodation may only be occupied by the worker, unless prior arrangement with the employer.
11.3 Prior permission should be obtained for visitors who wish to stay the night. However where members of the employees direct family are visiting, such permission will not be necessary.

 

16. Clothing (Delete this clause if not applicable)

………… sets of uniforms will be supplied to the employee by the employer and will remain the property of the employer.

 

17. Other conditions of employment or benefits

………………………………………………………………………………………………

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14. General

Any changes to this agreement will only be valid if they are in writing and have been agreed and signed by both parties.

15. Standard Terms and Conditions

15.1 Your remaining terms and conditions of employment shall be as set out by Mr/Mrs/Ms _______________ from time to time. In particular, you’re attention is drawn to the following documents, which form part of your terms and conditions of employment:-

15.1.1 Job Description

15.1.2 Consent to Overtime, and work on Sundays and Public Holidays (if required).

15.1.3 ………………………………………etc

15.2 This contract shall be interpreted and applied in accordance with the laws of the Republic of South Africa and any specific labour legislation in force from time to time.

15.3 We reserve the right to make reasonable changes to any of your terms and conditions of employment, which changes shall be notified to you in writing from time to time.

15.4 The terms and conditions of employment with Mr/Mrs/Ms _______________ are of a confidential nature and at no time shall they be divulged to or discussed with any other employee Mr/Mrs/Ms _______________..

Kindly sign the original of this letter, initialling all pages, and return it to Mr/Mrs/Ms _______________ on or before the commencement of this contract of employment. Your signature on this letter indicates your formal acceptance of the terms and conditions set out herein.

 

Your signed copy of this letter is for record purposes and will be placed in your personal file.

 

I would like to take this opportunity of welcoming you to ____________ and wish you a long and successful career with Mr/Mrs/Ms _______________.

 

Yours sincerely

 

______________________

I have received a copy of this letter. I confirm that the contents hereof have been explained to me and that I understand and accept the terms and conditions of employment contained therein.

 

Signed: ........................... Date: ...........................