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Live-In Domestic Worker Contract (South Africa)
A live-in arrangement is the most regulated form of domestic employment in South Africa, because accommodation, standby duty and night work all carry their own legal rules. This page explains what a compliant live-in contract must cover and gives you a complete template you can fill in, print and sign. It is written for household employers, but workers can use it to check their own contracts too.
Last reviewed June 2026 · wage figures from 1 March 2026
EMPLOYMENT CONTRACT — LIVE-IN DOMESTIC WORKER
(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 live-in domestic worker at [HOUSEHOLD ADDRESS].
1.2 Employment commences on [START DATE] and continues until terminated in terms of clause 17.
1.3 (Optional) The first [NUMBER] months are a probationary period during which performance and suitability will be reviewed and discussed with the Employee.
2. DUTIES
2.1 The Employee's duties are: [LIST DUTIES, e.g. cleaning, laundry, ironing, cooking, general housekeeping].
2.2 The Employee will not be required to perform duties materially outside clause 2.1 without prior agreement.
3. HOURS OF WORK
3.1 Ordinary working hours are [NUMBER] hours per week (maximum 45), worked on [DAYS OF THE WEEK] from [START TIME] to [END TIME].
3.2 The Employee receives a meal interval of [60 MINUTES / 30 MINUTES BY WRITTEN AGREEMENT] after five hours' continuous work. Time during which the Employee is required to be on duty or available counts as working time.
3.3 The Employee is entitled to a daily rest period of at least 12 consecutive hours and a weekly rest period of at least 36 consecutive hours, which includes Sunday unless otherwise agreed in writing.
4. OVERTIME
4.1 Overtime may only be worked by agreement and is paid at 1.5 times the hourly wage.
4.2 Overtime is limited to 15 hours per week, and total working time to 12 hours on any day.
5. STANDBY DUTY
5.1 Standby means any period between 20:00 and 06:00 when the Employee must remain at the workplace and be available to work, but may otherwise rest or sleep.
5.2 The Employee [AGREES / DOES NOT AGREE] to perform standby duty, not more than 5 times per month.
5.3 The Employer will pay a standby allowance of R[AMOUNT] per standby night.
5.4 If the Employee works more than three hours in total during any standby period, the Employer will pay for the time worked.
6. NIGHT WORK
6.1 Work between 18:00 and 06:00 may only be required by written agreement. The Employee [AGREES / DOES NOT AGREE] to perform night work.
6.2 The Employer will pay a night-work allowance of R[AMOUNT] per shift. The Employee resides at the workplace in terms of clause 8.
6.3 If the Employee regularly works more than one hour after 22:00 and before 06:00 (at least 5 times per month or 50 times per year), the Employer will comply with section 17(3) and (4) of the BCEA, including health assessments at the Employer's cost.
7. REMUNERATION
7.1 The Employee's wage is R[AMOUNT] per [HOUR / WEEK / MONTH], which is not less than the national minimum wage (R30.23 per hour from 1 March 2026, as adjusted from time to time).
7.2 The wage is paid in money by [CASH / EFT] on or before the [DAY] of each [WEEK / MONTH].
7.3 The Employee receives a written payslip on each payday showing the Employer's details, period worked, ordinary and overtime hours, rate, deductions and net pay.
7.4 Accommodation and meals provided by the Employer do not form part of the wage for minimum-wage purposes.
7.5 On any day the Employee works less than four hours, the Employee is paid for four hours.
7.6 Annual increases will be discussed each [MONTH], and the wage will at all times at least match the prevailing national minimum wage.
8. ACCOMMODATION
8.1 The Employer provides the Employee with the room situated at [DESCRIPTION / LOCATION OF ROOM]. The Employer warrants that the room is weatherproof and kept in good condition, has at least one window and a door that can be locked, and has a toilet and bath or shower, or the Employee has access to another bathroom.
8.2 Choose ONE: (a) The accommodation is provided free of charge; OR (b) The parties agree in writing that R[AMOUNT] per [WEEK / MONTH], which does not exceed 10% of the wage, will be deducted for the accommodation.
8.3 No other charge or deduction may be made for the accommodation. Water and electricity are [INCLUDED / SUBJECT TO THE FOLLOWING ARRANGEMENT: DETAILS].
8.4 The Employee is entitled to privacy in the room. Except in an emergency, the Employer will give reasonable notice before entering.
8.5 Visitors: [HOUSE RULES ON VISITORS AND OVERNIGHT GUESTS].
8.6 The accommodation is provided solely because of the employment and does not create a tenancy. On termination of employment for any reason, the Employee will vacate the room within [NUMBER] days of the last day of employment.
9. MEALS (OPTIONAL)
9.1 The Employer provides [DETAILS OF MEALS] free of charge. Meals do not form part of the wage for minimum-wage purposes.
10. DEDUCTIONS
10.1 The Employer will deduct only: (a) 1% of the wage for UIF; (b) the accommodation deduction in clause 8.2(b), if chosen; and (c) any deduction required by law or agreed to by the Employee in writing in accordance with section 34 of the BCEA.
11. UIF
11.1 The Employer is registered with the Unemployment Insurance Fund and will deduct 1% of the wage from the Employee and contribute a further 1%, paying both over monthly and declaring the Employee to the Fund.
12. COIDA
12.1 The Employer is registered with the Compensation Fund in terms of COIDA and will submit the annual Return of Earnings. Any injury on duty must be reported to the Employer immediately and will be reported to the Fund.
13. ANNUAL LEAVE
13.1 The Employee is entitled to three weeks' paid annual leave per 12-month leave cycle, taken at a time agreed between the parties. A public holiday falling within annual leave does not count as a leave day.
14. SICK LEAVE
14.1 During each 36-month sick leave cycle the Employee is entitled to paid sick leave equal to the number of days the Employee would normally work in six weeks.
14.2 During the first six months of employment the entitlement is one day's paid sick leave for every 26 days worked.
14.3 The Employer may require a medical certificate if the Employee is absent for more than two consecutive days.
15. FAMILY RESPONSIBILITY LEAVE
15.1 An Employee who works at least four days a week is entitled to five days' paid family responsibility leave per 12 months, for the birth or illness of the Employee's child, or the death of the Employee's spouse or life partner, parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling. Unused days lapse at the end of the cycle.
16. MATERNITY LEAVE
16.1 The Employee is entitled to four consecutive months' maternity leave. The leave is unpaid, and the Employee may claim UIF maternity benefits. The Employee's position remains open for her return.
17. SUNDAYS AND PUBLIC HOLIDAYS
17.1 The Employee cannot be required to work on Sundays or public holidays. If the Employee agrees to work: a public holiday is paid at double the wage; a Sunday is paid at double the wage, or 1.5 times the wage if Sunday is an ordinary working day under clause 3.1.
18. TERMINATION
18.1 Either party may terminate this contract on written notice: one week if the Employee has been employed for six months or less; four weeks if employed for more than six months.
18.2 The Employer may not dismiss the Employee without a fair reason and a fair procedure as required by the Labour Relations Act. Summary dismissal is permitted only for serious misconduct and only after the Employee has had a fair opportunity to respond.
18.3 On termination the Employer will give the Employee a certificate of service and the completed UIF documentation (UI-19), and clause 8.6 (vacating the accommodation) will apply.
19. GENERAL
19.1 This contract, read with any annexures, is the whole agreement. Changes are valid only if in writing and signed by both parties.
19.2 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
Why a live-in arrangement needs its own contract
When your domestic worker lives on your property, the line between working time and private time blurs easily. The law draws that line for you: Sectoral Determination 7 (the rules specifically for domestic workers) limits ordinary hours, restricts standby duty, regulates night work and sets strict conditions before you may charge anything for the room. The Basic Conditions of Employment Act (BCEA) and the National Minimum Wage Act sit underneath all of it.
A generic contract usually misses the three clauses that matter most for live-in staff: the accommodation clause, the standby clause and the night-work clause. The template below includes all three. If you employ a nanny or a gardener instead, use the contracts written for those roles.
Pay in 2026: the minimum wage applies in full
From 1 March 2026 the national minimum wage is R30.23 per ordinary hour worked, and domestic workers are entitled to the full rate — there is no longer a lower domestic rate. The minimum wage cannot be reduced by contract or by agreement, no matter what the worker signs.
Two practical points trip up live-in employers. First, the minimum wage must be paid in money: free board and lodging do not count toward it, because the Act excludes payments in kind such as board or accommodation from the wage calculation. Second, on any day the worker works less than four hours, she must still be paid for four hours.
Accommodation: what you may and may not deduct
Sectoral Determination 7 allows a deduction of no more than 10% of the wage for a room or other accommodation, and only if all of these conditions are met: the room is weatherproof and generally kept in good condition; it has at least one window and a door that can be locked; and it has a toilet and a bath or shower, unless the worker has access to another bathroom. On top of that, the deduction and its amount must be agreed in writing — a verbal arrangement is not enough.
Be careful how this interacts with the minimum wage. Because the National Minimum Wage Act excludes accommodation from the wage, the value of the room can never be used to top up pay to the minimum. The safest, cleanest approach — and the one most live-in employers now take — is to provide the room free of charge and pay the full wage in money. If you do deduct, keep it within the 10% cap, record it in the contract, and make sure the worker still clearly receives at least the minimum wage for her hours.
The contract should also deal with privacy (reasonable notice before entering the room), visitors, utilities, and how long the worker has to vacate after employment ends. Putting a fair vacate period in writing now prevents the most painful disputes later.
Standby duty and night work
Standby is any period between 20:00 and 06:00 when the worker must stay at the workplace and be available to work, but may otherwise rest or sleep. You may only require standby if it is agreed in writing, and not more than five times per month. If the worker actually works more than three hours during a standby period, you must pay for that time. Agree a standby allowance per night in the contract — Sectoral Determination 7 does not fix the amount, so record what you have agreed.
Night work also needs written agreement, an allowance (or equivalent compensation), and either accommodation at the workplace or transport home. If your worker regularly works more than an hour after 22:00 — at least five times a month or fifty times a year — the BCEA's night-work protections in section 17(3) and (4) kick in, including health assessments. For a live-in worker this matters: 'just keep an ear out for the baby' is standby, and it is regulated.
Hours, leave and notice at a glance
These are the core conditions every domestic worker contract must respect. Your contract may always be more generous, never less.
| Condition | Legal minimum |
|---|---|
| Ordinary hours | 45 per week; 9 per day (5-day week) or 8 per day (6-day week) |
| Overtime | By agreement, paid at 1.5x; max 15 hours' overtime a week, 12 hours total on a day |
| Sunday work | Double pay; 1.5x if Sunday is an ordinary working day |
| Public holidays | Voluntary; double pay if worked |
| Rest periods | 12 consecutive hours daily; 36 consecutive hours weekly |
| Annual leave | 3 weeks per 12-month cycle |
| Sick leave | Days normally worked in 6 weeks, per 36-month cycle (first 6 months: 1 day per 26 worked) |
| Family responsibility leave | 5 paid days per 12 months (if working 4+ days a week) |
| Maternity leave | 4 consecutive months (unpaid; UIF maternity benefits claimable) |
| Notice | 1 week (6 months' service or less); 4 weeks (more than 6 months) |
UIF and COIDA: the two registrations you cannot skip
If your worker works 24 hours or more a month, UIF registration is compulsory. The contribution is 2% of the wage — you deduct 1% from the worker and add 1% yourself — paid over monthly (aim for the 7th of the following month). Register on uFiling or with the UI-8 and UI-19 forms.
Since the Constitutional Court's Mahlangu ruling in November 2020, domestic workers are also covered by COIDA, the workplace injury compensation scheme — and the ruling applies retrospectively. Household employers must register with the Compensation Fund (online at the CF-Portal) and submit an annual Return of Earnings. The cost is modest — roughly R0.39 per R100 of annual wages — and it protects you as much as the worker if there is ever an injury at your home.
How to use this template
Fill in every [BRACKETED] field, delete the options you do not choose (for example free accommodation versus a deduction), and complete it together with your worker so she understands each clause. Both parties sign, and each keeps a copy. Issue a payslip every payday and keep your records — payslips, leave taken, hours — for at least three years. If your circumstances change (more hours, new duties, a wage increase), record the change in writing and have both parties sign it.
Frequently asked questions
Can I pay less than the minimum wage because I provide free room and board?
No. The National Minimum Wage Act excludes payments in kind, including board and accommodation, from the wage calculation. The worker must receive at least R30.23 per hour (from 1 March 2026) in money, regardless of the accommodation you provide.
Is the 10% accommodation deduction still allowed?
Sectoral Determination 7 still permits a written, agreed deduction of up to 10% of the wage for a room that meets the prescribed standards (weatherproof, lockable, with bathroom access). But because accommodation cannot count toward the minimum wage, the safest practice is to pay the full minimum in money and treat any deduction conservatively — many employers simply provide the room free.
How often can I put my live-in worker on standby?
Only with her written agreement, and not more than five times per month. Standby covers 20:00 to 06:00, and if she actually works more than three hours during a standby period you must pay for that time.
How much notice applies, and when must the worker move out?
One week's notice if she has worked for you for six months or less, four weeks if longer. The law does not fix a moving-out date, so agree one in the contract — the template uses a placeholder vacate period so both sides know where they stand.
Does Sectoral Determination 7 still apply now that there is a national minimum wage?
Yes. The wage rates in SD7 have been superseded by the national minimum wage, but its conditions — hours, standby, night work, leave, deductions and written particulars — still govern domestic employment alongside the BCEA.