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Domestic Labour Contracts

CONTRACT FOR A LIVE-IN DOMESTIC WORKER

Between ........................ (the employer)

and ............................... (the employee)
1. SALARY
1.1. The employer shall pay the employee a cash amount of R.................. per month payable in arrears on the last working day of the month.
1.2. In addition to this amount the employee's salary shall include the value of payment in kind in terms of which the employer provides food and living quarters for the employee which is determined in the sum of R100 per month (or a greater amount determined by agreement between the employer and the employee.)
2. HOURS OF WORK (ordinary working hours are maximum of 46 per week)
Hours of work of the employee shall be:
Monday ..................... to ....................
Tuesday ..................... to ....................
Wednesday ..................... to ....................
Thursday ..................... to ....................
Friday ..................... to ....................
Saturday ..................... to ....................
Sunday ..................... to ....................
In the event of a change in the hours of work such change shall be recorded in writing and signed by the parties.
3. EXTENSION OF WORKING HOURS This clause is optional and applies only where the employer requires the employee to work extended hours for a limited period, that is without the payment of overtime.
Notwithstanding the provisions of clause 2 above the employer and employee may conclude a written agreement in terms of which the ordinary hours of work of the employee are extended to 12 hours per day (but are not extended by more than 4 hours in any week) for a maximum period of 26 days in any continuous period of 12 months, provided that the ordinary working hours shall be reduced by a corresponding number of hours during a period of the same duration as that during which the extended hours were in force and in the same period of 12 months. During the period of working the extended or reduced hours, as the case may be, the employee shall receive his normal salary (i.e, as if he or she has worked the usual hours of work referred to in clause 2 above).
If the employee's services are terminated before the hours of work have been reduced the payment for the extended hours worked will be paid at overtime rates as calculated in terms of clause 4 below.
4. OVERTIME
The employee undertakes to work no more than 3 hours overtime per day when required by the employer upon reasonable notice to do so, provided that the maximum overtime worked by the employee in any week shall not exceed 10 hours. The rate for overtime shall be calculated at 1 1/3 times the employee's hourly rate for pay (which rate shall be calculated to include the value of the payment referred to in 1.2).
5. WORK ON SUNDAYS
If an employee works on a Sunday for 4 hours or less he/she must be paid not less than 1 day's pay. If the employee has worked longer he/she must be paid either:
5.1 His/her salary for two days or at double his/her rate of pay for the whole time worked whichever is the greater; or
5.2. be paid 1 1/3 normal pay rate for the whole time worked and be granted one day's leave on full pay within 7 days of such Sunday.
The rates of pay shall be calculated to include the value of the payment referred to in 1.2.
6. PUBLIC HOLIDAYS
The employee shall be entitled to a paid holiday on:
New Year's Day, Human Rights' Day (21 March), Good Friday, Family Day, Freedom Day (27 April), Worker's Day (1 May), Youth Day (16 June), National Women's Day (9 August), Heritage Day (24 September), Day of Reconciliation (16 December ), Christmas Day, Day of Goodwill (26 December) provided that whenever a public holiday falls on a Sunday the employee shall be entitled to a paid holiday on the following Monday. Notwithstanding the dates of the public holidays referred to above, any public holiday shall be exchangeable for any other day which is agreed to in writing between the employer and the employee.
If the employee works on any of the public holidays referred to above he/she shall be paid either:
6.1. double his/her normal pay; or
6.2. 1 1/3 his/her normal pay and the employee shall be entitled to a day's leave within 7 days of working on that particular public holiday; which rates shall be calculated to include the value of the payment referred to in 1,2.
7. MEAL INTERVALS
The employee shall be granted a 1/ 2hour lunch break after not more than 5 hours work on any day.
8. LEAVE
The employer shall grant the employee at least 14 consecutive days leave per annum.
9. SICK LEAVE
The employee shall be entitled to sick leave as prescribed by The Basic Conditions of Employment Act.
10. NOTICE
The employer or the employee shall give the other one month's written notice to terminate this agreement which notice must be given on or before the 1st day of such month.
SIGNED at ........................................ on ........................................ 199.....

-------------------------- (Name of Employer)
SIGNED at ........................................ on ........................................ 199.....

------------------------- (Name of Employee)
The employee acknowledges that this agreement has been interpreted into his/her vernacular language namely .................. by ................... on ................. and that he/she understands the contents hereof. (Delete if not applicable).
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