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Gardener Employment Contract (South Africa)
A gardener who works at your home — even one morning a week — is a domestic worker under South African law, entitled to the national minimum wage, a written contract and, in many cases, UIF and COIDA cover. This page covers the rules that matter for part-time outdoor work, including the weather question and tool safety, and gives you a complete printable contract template.
Last reviewed June 2026 · wage figures from 1 March 2026
EMPLOYMENT CONTRACT — GARDENER (PART-TIME OR FULL-TIME)
(Compliant with the Basic Conditions of Employment Act, Sectoral Determination 7: Domestic Worker Sector, and the National Minimum Wage Act)
Entered into between:
THE EMPLOYER: [EMPLOYER FULL NAME], ID number [EMPLOYER ID NUMBER], of [HOUSEHOLD ADDRESS] ("the Employer")
and
THE EMPLOYEE: [EMPLOYEE FULL NAME], ID/passport number [EMPLOYEE ID NUMBER] ("the Employee")
1. APPOINTMENT AND COMMENCEMENT
1.1 The Employer appoints the Employee as a gardener at [HOUSEHOLD ADDRESS].
1.2 Employment commences on [START DATE] and continues until terminated in terms of clause 12.
2. WORKING DAYS AND HOURS
2.1 The Employee works [NUMBER] day(s) per week, on [DAY(S) OF THE WEEK], from [START TIME] to [END TIME], with a meal/rest break of [MINUTES] minutes.
2.2 Additional days or hours are by agreement and are paid as overtime at 1.5 times the hourly wage. Work on a Sunday is paid at double the hourly wage (or 1.5 times if Sunday is an ordinary working day); work on a public holiday is paid at double the hourly wage.
3. DUTIES
3.1 The Employee's duties are: [LIST, E.G. MOWING AND EDGING, PRUNING, WEEDING AND BEDS, WATERING/IRRIGATION CHECKS, SWEEPING PAVED AREAS, GARDEN REFUSE, COMPOST].
3.2 The following are specifically excluded unless agreed in writing: [E.G. TREE FELLING, ROOF WORK, POOL CHEMICALS].
4. REMUNERATION
4.1 The wage is R[AMOUNT] per hour, which is not less than the national minimum wage (R30.23 per hour from 1 March 2026, as adjusted from time to time), paid by [CASH / EFT] on [EACH WORKING DAY / THE LAST WORKING DAY OF EACH WEEK / MONTH].
4.2 On any day the Employee works less than four hours, the Employee is paid for four hours.
4.3 The Employee receives a payslip showing the date, hours worked, rate, deductions and net pay. The only deductions are UIF (where applicable) and any deduction required by law or agreed in writing under section 34 of the BCEA.
5. WEATHER
5.1 If the Employer cancels a working day because of weather, the Employer will notify the Employee by [TIME] on the previous day, and the parties will first try to agree an alternative day in the same week at normal pay.
5.2 If no alternative day can be agreed, the Employer will pay [THE FULL DAY / FOUR HOURS] for the cancelled day. (Choose one.)
5.3 If the Employee reports for duty and is sent home because of weather, the Employee is paid for at least four hours.
5.4 On days of light or intermittent rain, the Employer may assign reasonable alternative tasks under cover, such as: [LIST, E.G. CLEANING TOOLS, SWEEPING GARAGE, WASHING OUTDOOR FURNITURE].
6. TOOLS, EQUIPMENT AND PROTECTIVE GEAR
6.1 The Employer provides all tools and equipment, including: [LIST, E.G. LAWNMOWER, TRIMMER, SPADE, RAKE, WHEELBARROW, HOSE], and will keep powered equipment in safe working order.
6.2 The Employer provides the following protective equipment at no cost: [LIST, E.G. GLOVES, SAFETY GLASSES, EAR PROTECTION, DUST MASK, BOOTS], and the Employee must use it when operating power tools or spraying.
6.3 The Employee will use tools and equipment with reasonable care, clean and store them after use, and report any loss, damage or fault immediately. The Employee may not operate equipment that is faulty or unsafe.
6.4 Garden chemicals may only be used according to the product label and the Employer's instructions, and are stored [LOCATION, LOCKED].
6.5 Normal wear and tear and accidental damage are the Employer's risk; the cost of tools may not be deducted from the wage except as allowed by section 34 of the BCEA.
7. SAFETY AND INJURIES (COIDA)
7.1 The Employer is registered with the Compensation Fund in terms of COIDA and will submit the annual Return of Earnings.
7.2 The Employee must report any injury on duty to the Employer immediately, and the Employer will report it to the Compensation Fund and arrange medical attention.
8. UIF
8.1 The Employee works [NUMBER] hours per month for the Employer. If this is 24 hours or more per month, the Employer will register the Employee with the Unemployment Insurance Fund, deduct 1% of the wage and contribute a further 1%, paying both over monthly.
9. ANNUAL LEAVE
9.1 The Employee is entitled to three weeks' paid annual leave per 12-month leave cycle, calculated on the Employee's normal working days (for example, an employee who works one day per week is entitled to three of those working days as paid leave per cycle), taken at a time agreed between the parties.
10. SICK LEAVE
10.1 During each 36-month cycle the Employee is entitled to paid sick leave equal to the number of days the Employee would normally work in six weeks; during the first six months of employment, one day's paid sick leave for every 26 days worked.
10.2 The Employer may require a medical certificate for an absence of more than two consecutive days.
11. FAMILY RESPONSIBILITY LEAVE
11.1 If the Employee works at least four days per week for the Employer, the Employee is entitled to five days' paid family responsibility leave per 12 months as provided in Sectoral Determination 7. (If the Employee works fewer than four days per week, this clause does not apply.)
12. TERMINATION
12.1 Either party may terminate on written notice: one week if employed for six months or less; four weeks if employed for more than six months.
12.2 Dismissal requires a fair reason and a fair procedure under the Labour Relations Act; summary dismissal is permitted only for serious misconduct and only after the Employee has had a fair opportunity to respond.
12.3 On termination the Employer will provide a certificate of service and, where UIF applies, the completed UI-19 form.
13. GENERAL
13.1 This contract is the whole agreement; changes are valid only in writing, signed by both parties.
13.2 Each party confirms receiving a signed copy and that the contract was explained in a language the Employee understands.
SIGNED at [PLACE] on [DATE]
_________________________ EMPLOYER
_________________________ EMPLOYEE
_________________________ WITNESS
Yes, your once-a-week gardener is an employee
Gardeners employed in private households fall squarely within the domestic worker sector, so Sectoral Determination 7 and the BCEA apply, and you must give written particulars of employment. It makes no difference that he works for several households — each employer has its own contract and its own obligations for the hours he works there.
The two part-time rules employers most often miss: he must be paid at least the national minimum wage of R30.23 per hour (from 1 March 2026), and on any day he works less than four hours he must still be paid for four hours. A 'R150 for the morning' arrangement that works out below those floors is unlawful, however long it has been in place. For indoor staff, see our nanny contract and live-in domestic worker contract.
Pay and hours for part-time work
Set an hourly rate at or above the minimum wage and record the fixed working day(s) and times in the contract. Ordinary hours are capped at 45 a week across all work for you; overtime needs agreement and is paid at 1.5 times the rate. Sundays are paid at double (or 1.5 times if Sunday is his normal day) and public holidays worked are paid at double.
Pay in money, on the agreed day, with a basic payslip — it can be a simple printed slip showing the date, hours, rate, any deductions and the net amount. If a public holiday falls on his normal working day, do not simply skip the week unpaid: either let the day stand over by agreement or treat it in line with the BCEA's public-holiday rules, and record in the contract which approach you use.
The weather clause: rained-out days without disputes
Gardening is weather-dependent, and the law does not let you shift that risk onto the worker by simply not paying when it rains. If he arrives for work and you send him home, the four-hour minimum pay rule applies. The fair, lawful approach is to handle weather in the contract before it happens.
The template's weather clause works like this: if you cancel by an agreed time the evening before, the parties first try to move the day to another day in the same week; if no alternative day is possible, the contract states what is paid. On marginal days, agree a list of alternative tasks — washing windows, sweeping the garage, cleaning gutters under cover — so the day is productive rather than cancelled. Whatever you choose, write it down; rained-out pay is the single most common gardener dispute.
Tools, safety and COIDA
As the employer you supply the tools — mower, trimmer, spade, hose — and you must keep powered equipment in safe working order. The contract should oblige the gardener to use equipment with care, report faults rather than work around them, and never operate damaged machinery. Provide basic protective gear: gloves, sturdy footwear, and eye and ear protection for power tools, plus a mask and gloves for any spraying, with garden chemicals used strictly per the label and stored locked away.
Safety is not just good practice — since the Constitutional Court's Mahlangu ruling, gardeners in private households are covered by COIDA. That means you must register with the Compensation Fund (online via the CF-Portal) and submit an annual Return of Earnings; the assessment typically comes to roughly R0.39 per R100 of annual wages, with a small minimum. In return, medical costs and lost income from an injury at your property are covered by the Fund rather than your pocket.
UIF, leave and notice for a part-timer
UIF registration is compulsory once he works 24 hours or more a month for you. One full day a week (around 32 hours a month) crosses that line; a single four-hour morning a week (about 16-17 hours) does not. The contribution is 2% of the wage — 1% deducted from him, 1% from you.
Leave scales to his working pattern: three weeks' annual leave per 12-month cycle means three weeks of his normal working days — for a one-day-a-week gardener, three paid days. Sick leave over each 36-month cycle equals the days he would normally work in six weeks (six days for a one-day-a-week worker), with one day per 26 worked in the first six months. Family responsibility leave only applies if he works at least four days a week for you, so most part-time gardeners do not qualify. Notice is one week in the first six months of service and four weeks after that, in writing, and dismissal still requires a fair reason and procedure.
How to use this template
Fill in every [BRACKETED] field with your gardener, choose your weather-clause option, and list the actual tools and protective equipment you provide. Both parties sign and keep copies. Pay against a payslip, keep records of hours and leave, and if his days or duties change, record the change in writing and sign it together.
Frequently asked questions
Does the minimum wage apply to a gardener who only works one day a week?
Yes. The national minimum wage of R30.23 per hour (from 1 March 2026) applies to every hour worked, regardless of how few days he works, and he must be paid for at least four hours on any day he works.
Do I have to pay my gardener when it rains?
If he reports for duty and you send him home, the four-hour minimum pay rule applies. If you cancel in advance, the law does not spell out the answer, so put a weather clause in the contract — the template offers a swap-the-day-first approach with an agreed fallback payment.
Must I register a part-time gardener for UIF?
Only if he works 24 hours or more per month for you. One full day a week usually crosses that threshold; a short half-day a week usually does not. Where it applies, the contribution is 2% of his wage, split equally between you.
Is my gardener covered if he is injured at my house?
Yes — since the Constitutional Court's Mahlangu ruling, gardeners in private households fall under COIDA. You must register with the Compensation Fund and file an annual Return of Earnings; the Fund then covers medical costs and lost income for injuries on duty.
Who pays for tools and protective equipment?
The employer. Supply the tools and basic protective gear (gloves, eye and ear protection for power tools), keep machinery in safe order, and never deduct tool costs from wages except as narrowly allowed by section 34 of the BCEA.
How much leave does a one-day-a-week gardener get?
Three weeks of his normal working days per year — so three paid days of annual leave — plus sick leave equal to six of his working days over each 36-month cycle. Family responsibility leave only applies if he works at least four days a week for you.