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Nanny & Childminder Employment Contract (South Africa)
A nanny is a domestic worker in the eyes of South African law, so the minimum wage, UIF, COIDA and Sectoral Determination 7 all apply — but a good nanny contract goes further, covering medical consent, transporting children, confidentiality and evening babysitting. This page explains the clauses that matter and provides a complete, printable template with a duties schedule and a child medical information annexure.
Last reviewed June 2026 · wage figures from 1 March 2026
EMPLOYMENT CONTRACT — NANNY / CHILDMINDER
(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 nanny/childminder for the following child(ren): [CHILD/REN'S FIRST NAMES AND DATES OF BIRTH].
1.2 The place of work is [HOUSEHOLD ADDRESS]. Employment commences on [START DATE] and continues until terminated in terms of clause 15.
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 primary duty is the care of the child(ren), as set out in the duties schedule in Annexure A.
2.2 Housework is limited to: [E.G. CHILDREN'S LAUNDRY, CHILDREN'S ROOMS, PREPARING CHILDREN'S MEALS]. Additional household duties may only be added by written 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, arranged around the child(ren)'s routine, and a daily rest period of at least 12 consecutive hours and a weekly rest period of at least 36 consecutive hours.
4. OVERTIME AND BABYSITTING
4.1 Hours beyond clause 3.1, including evening or weekend babysitting, are overtime and may only be worked by agreement.
4.2 Overtime is paid at 1.5 times the hourly wage; work on a Sunday at double the hourly wage (or 1.5 times if Sunday is an ordinary working day); work on a public holiday at double the hourly wage.
4.3 Overtime is limited to 15 hours per week, and total working time to 12 hours on any day.
4.4 The Employer will give at least [NUMBER] days' notice when requesting babysitting, and the Employee may decline without penalty.
4.5 Where babysitting ends after [TIME], the Employer will [PROVIDE TRANSPORT HOME / PAY FOR TRANSPORT].
5. REMUNERATION
5.1 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).
5.2 The wage is paid in money by [CASH / EFT] on or before the [DAY] of each [WEEK / MONTH], with a payslip showing hours, rate, overtime, deductions and net pay.
5.3 On any day the Employee works less than four hours, the Employee is paid for four hours.
5.4 The only deductions are 1% UIF and any deduction required by law or agreed in writing under section 34 of the BCEA.
6. MEDICAL CONSENT AND EMERGENCIES
6.1 In a medical emergency the Employee must first attempt to contact the parents/guardians at the numbers in Annexure B.
6.2 If the parents/guardians cannot be reached, the Employer authorises the Employee to obtain emergency medical treatment for the child(ren) from a doctor, clinic or hospital, and the Employee must continue trying to reach the parents/guardians.
6.3 The Employee may administer only medicine listed or authorised in writing by a parent/guardian, at the stated dose, and must record each dose given.
6.4 The Employee confirms that the child(ren)'s medical information, allergies and emergency contacts in Annexure B have been explained to her/him. The Employer must keep Annexure B up to date.
6.5 (Optional) The Employer will pay for the Employee to complete a paediatric first-aid course within [NUMBER] months.
7. TRANSPORT OF CHILDREN (DELETE IF NOT APPLICABLE)
7.1 The Employee [IS / IS NOT] permitted to transport the child(ren). If permitted: the Employee holds a valid driver's licence (code [CODE], expiry [DATE]) and may use [THE EMPLOYER'S VEHICLE: DETAILS / THE EMPLOYEE'S OWN VEHICLE].
7.2 Age-appropriate car seats/boosters must be used on every trip, and the Employee may not use a cellphone while driving.
7.3 If the Employee uses her/his own vehicle, the Employer reimburses R[AMOUNT] per kilometre for authorised trips.
7.4 The child(ren) may only be transported for the purposes in Annexure A or with the Employer's specific permission.
8. CARE STANDARDS AND DISCIPLINE
8.1 The Employee will not use physical punishment, shouting, threats or humiliating treatment under any circumstances. Discipline is handled in line with the parents'/guardians' instructions.
8.2 The child(ren) may not be left unsupervised or in the care of any third party without the Employer's permission.
8.3 Water safety: the child(ren) may only swim or be near the pool/water under the conditions in Annexure A.
8.4 The Employee will report accidents, injuries, illness or concerning behaviour to the Employer the same day.
9. CONFIDENTIALITY AND SOCIAL MEDIA
9.1 The Employee will keep all information about the Employer's family, household, finances and the child(ren) confidential, during and after employment.
9.2 The Employee will not post photographs or videos of the child(ren) or the home on social media, or share them with third parties, without the Employer's written permission.
9.3 This clause survives termination of the contract.
10. UIF
10.1 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.
11. COIDA
11.1 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.
12. ANNUAL LEAVE
12.1 The Employee is entitled to three weeks' paid annual leave per 12-month leave cycle, taken at a time agreed between the parties (the Employer's family holidays will be discussed in advance).
13. SICK LEAVE AND FAMILY RESPONSIBILITY LEAVE
13.1 During each 36-month cycle the Employee is entitled to paid sick leave equal to the number of days normally worked in six weeks; during the first six months, one day per 26 days worked. A medical certificate may be required for absences of more than two consecutive days.
13.2 An Employee who works at least four days a week is entitled to five days' paid family responsibility leave per 12 months (birth or illness of the Employee's child; death of a spouse or life partner, parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling).
14. MATERNITY LEAVE
14.1 The Employee is entitled to four consecutive months' maternity leave, unpaid, with UIF maternity benefits claimable. The Employee's position remains open for her return.
15. TERMINATION
15.1 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.
15.2 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.
15.3 On termination the Employer will provide a certificate of service and the completed UIF documentation (UI-19).
16. GENERAL
16.1 This contract and Annexures A and B form the whole agreement; changes are valid only in writing, signed by both parties.
16.2 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
ANNEXURE A — DUTIES AND DAILY SCHEDULE
Morning routine: [DETAILS, E.G. WAKE, DRESS, BREAKFAST, SCHOOL DROP-OFF]
Daytime: [DETAILS, E.G. ACTIVITIES, NAPS, MEALS, OUTINGS PERMITTED]
Afternoon: [DETAILS, E.G. SCHOOL COLLECTION, HOMEWORK, SPORT]
Evening: [DETAILS, E.G. SUPPER, BATH, BEDTIME ROUTINE]
Child-related housework included: [LIST]
Screen time rules: [DETAILS]
Food/snack rules: [DETAILS]
Water/pool rules: [DETAILS]
Permitted outings and transport purposes: [LIST]
ANNEXURE B — CHILD MEDICAL INFORMATION AND EMERGENCY CONTACTS
Child 1: [NAME, DATE OF BIRTH]
Allergies: [DETAILS] | Medical conditions: [DETAILS] | Chronic/authorised medication and dosage: [DETAILS]
Child 2: [NAME, DATE OF BIRTH]
Allergies: [DETAILS] | Medical conditions: [DETAILS] | Chronic/authorised medication and dosage: [DETAILS]
Medical aid: [SCHEME, PLAN, MEMBER NUMBER]
Family doctor: [NAME, PRACTICE, PHONE]
Preferred hospital/clinic: [NAME, ADDRESS]
Parent/guardian 1: [NAME, CELL, WORK PHONE]
Parent/guardian 2: [NAME, CELL, WORK PHONE]
Back-up emergency contact: [NAME, RELATIONSHIP, PHONE]
Updated on: [DATE] | Parent/guardian signature: ____________
A nanny is a domestic worker — with extra responsibilities
Anyone employed in a private household to look after children counts as a domestic worker, which means Sectoral Determination 7 and the BCEA set her minimum conditions and you must give her written particulars of employment. The same applies whether she is full-time, part-time or shares her week between families.
What a standard domestic contract misses is everything specific to childcare: who may authorise emergency treatment, whether the nanny drives the children, what happens when you need her to babysit on a Saturday night, and what she may share about your family. The template below adds those clauses to the legal basics. For live-in nannies, also read the accommodation, standby and night-work rules in our live-in domestic worker contract.
Pay, hours and babysitting overtime
From 1 March 2026 the national minimum wage is R30.23 per hour, and it applies to nannies in full. Ordinary hours are capped at 45 per week — nine hours a day on a five-day week, eight on a six-day week — with a meal interval after five hours and a daily rest period of 12 consecutive hours.
Evening and weekend babysitting is where most nanny arrangements go wrong. Hours beyond the ordinary schedule are overtime: they require agreement, are paid at 1.5 times the hourly rate, and are capped at 15 hours a week (12 hours total on any day). Sunday work is paid at double the rate, or 1.5 times if Sunday is one of her normal working days, and public holidays worked are paid double. Put a babysitting clause in the contract so the rate and the notice you will give are agreed upfront, not negotiated at 17:00 on a Friday.
If she works less than four hours on a day, she must still be paid for four hours — relevant for short after-school shifts.
The duties schedule: be specific, avoid scope creep
The single most useful part of a nanny contract is an honest duties schedule. List the childcare duties (feeding, bathing, school runs, homework supervision, activities) and state clearly how much housework is included — many disputes start when 'light tidying of the children's rooms' quietly becomes the whole house's laundry.
The template uses an Annexure A duties schedule so you can describe a typical day without cluttering the contract. Review it whenever the children's routine changes — a new school, a new baby — and sign the updated annexure together. If you mainly need housekeeping with some childminding, a general domestic contract may fit better; if you employ outdoor staff too, see the gardener contract.
Child-specific clauses: medical consent, transport, confidentiality
Medical consent: when you cannot be reached, your nanny needs written authority to get your child emergency treatment. The template includes a consent clause plus an Annexure B capturing allergies, conditions, medical aid details, your doctor and emergency contacts. It also limits medicine to what you have authorised in writing.
Transport: only allow it if expressly agreed. Record her licence details, which vehicle she may use, that age-appropriate car seats must be used on every trip, and how you will reimburse her if she drives her own car. If she will never transport the children, say so — that protects everyone.
Confidentiality and social media: your nanny sees your home, your finances and your children's lives. A confidentiality clause that survives termination, plus a rule against posting photos of the children or your home online without written permission, is now standard. Pair it with a discipline clause: no physical punishment, no humiliating treatment, discipline handled as the parents direct.
Leave, UIF and COIDA
A nanny gets three weeks' paid annual leave per 12-month cycle, sick leave equal to her normal working days over six weeks in each 36-month cycle, and — if she works at least four days a week — five days' paid family responsibility leave a year, which covers her own child's illness. Maternity leave is four consecutive months, unpaid, with UIF maternity benefits claimable. Notice is one week in the first six months and four weeks thereafter.
If she works 24 hours or more a month you must register her for UIF and pay 2% of her wage monthly (1% deducted from her, 1% from you). Since the Constitutional Court's Mahlangu judgment, childminders in private households are also covered by COIDA, so register with the Compensation Fund via the CF-Portal and submit the annual Return of Earnings — the assessment typically works out to roughly R0.39 per R100 of annual wages.
How to use this template
Complete every [BRACKETED] field with your nanny, including Annexures A and B, and delete any optional clause you are not using (for example transport, if she will not drive). Both sign, each keeps a copy, and she gets a payslip every payday. Update Annexure B immediately whenever medical details or emergency contacts change — it is only useful if it is current.
Frequently asked questions
Is a nanny legally a domestic worker?
Yes. A person employed in a private household to look after children is a domestic worker, so Sectoral Determination 7, the BCEA, the national minimum wage, UIF and COIDA all apply, and a written contract or written particulars of employment must be provided.
Do I have to pay extra for evening babysitting?
If it falls outside her agreed ordinary hours, yes — it is overtime, which requires agreement and is paid at 1.5 times her hourly rate (double on a Sunday she does not normally work, and double on public holidays). Agree the arrangement and notice period in the contract.
Can my nanny authorise medical treatment for my child?
Only if you give her that authority. The template includes an emergency medical consent clause and a medical-information annexure so a hospital or doctor can act quickly when you are unreachable. Keep the annexure current.
Must my nanny use her own car for school runs?
Only if the contract says so and she agrees. Record her licence details, require proper car seats on every trip, and agree a per-kilometre reimbursement for her own vehicle — fuel for your family's trips is your cost, not hers.
What leave does a nanny get if her own child is sick?
If she works at least four days a week for you, she gets five days' paid family responsibility leave per 12 months, which covers her own child's illness or birth and the death of close family members. Unused days lapse at the end of the cycle.