Your obligations as a domestic employer in South Africa
Domestic workers are covered by Sectoral Determination 7 (SD7), the Basic Conditions of Employment Act (BCEA), the National Minimum Wage Act, the Unemployment Insurance Act and COIDA. Here is what that means for you, in the order it usually comes up.
1. When the worker starts
Give the worker the terms of employment in writing and sign them. Our contract template covers every item SD7 requires.
Register with the Compensation Fund under COIDA. See the COIDA guide.
Keep a copy of SD7, or an official summary, where the worker can read it.
2. Pay
Pay at least the national minimum wage: R30.23 an hour from 1 March 2026, and at least 4 hours for any day worked. Check your rate.
Pay in rand, daily, weekly, fortnightly or monthly. Cash must be handed over in a sealed envelope.
Give a payslip every payday and keep records for 3 years.
Only deduct what the law allows: UIF, up to 10% for suitable accommodation, loan repayments up to one-tenth of the wage, and amounts the worker agrees to in writing.
3. Hours
No more than 45 ordinary hours a week; 9 a day for a 5-day week or 8 a day for a longer week.
Overtime only by agreement, up to 15 hours a week and 12 hours a day in total, at 1.5 times the rate.
A meal break of at least an hour after 5 hours' work, 12 hours' rest between shifts and 36 hours' rest each week, normally including Sunday.
Sunday work at double pay (1.5 times if Sunday is a normal workday). Public holidays worked at double the daily wage. See the public holidays list.
4. Leave
3 weeks' paid annual leave a year, 6 weeks' sick leave per 3-year cycle, and 5 days' family responsibility leave a year for workers who work 4 or more days a week. Calculate leave.
At least 4 months' maternity leave. Following the Constitutional Court's Van Wyk judgment (October 2025), parents may share 4 months and 10 days of parental leave until the law is amended.
5. When employment ends
Give written notice: 1 week in the first 6 months, 4 weeks after that.
Pay all wages, leave due and, for retrenchment, severance of at least 1 week per completed year. Work out final pay.
Give a certificate of service and update the UIF record so the worker can claim.
A dismissal must be for a fair reason with a fair procedure. Disputes go to the CCMA.
Where the rules come from
SD7 (Government Notice R.1068 of 15 August 2002) sets most conditions for domestic workers and prevails over the BCEA where both cover a matter. Its wage tables have been replaced by the national minimum wage. Each tool on this site lists the exact sources it uses and when they were checked.
Frequently asked questions
Who counts as a domestic worker?
Anyone who does domestic work in your home, including a gardener, a household driver, and someone who looks after children, the elderly, sick, frail or disabled. A domestic worker on a farm may fall under the farm worker rules instead.
Does all of this apply to a worker who comes once a week?
Most of it. The minimum wage applies to everyone. Workers who work 24 hours a month or less for you are excluded from most of SD7 and from UIF, but anyone who works more than that is fully covered.
Can a labour inspector come to my house?
Only with your consent or a written authorisation from the Labour Court. Inspectors can still investigate complaints and issue compliance orders.
Not legal advice. These tools and templates give general information based on Sectoral Determination 7, the Basic Conditions of Employment Act and official government guidance. They do not replace advice from a labour lawyer, the Department of Employment and Labour or the CCMA, and they do not take your particular circumstances into account.