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Basic Guide to Employment Contracts (Domestic Workers)

by Zopedol — last modified 2007-12-04 17:01
Employers must give workers certain details of their employment in writing. This contract must be kept for 3 years after termination.

Application

Sectoral Determination 7 applies to all domestic workers  (including independent contractors and those employed by agencies), except domestic workers who -
  • work on farms; or
  • are covered by -
    • another sectoral determination, or
    • a bargaining council agreement.

The Basic Conditions of Employment Act applies in respect of any matter not covered by this sectoral determination.

The provisions for employment contracts do not apply to domestic workers working less than 24 hours a month for an employer.

See

Written Particulars of Employment

At the start of employment, employers must give workers a document containing the following information:

Employer and Worker Details

  • Employer’s full name
  • Employer’s address

Employment Details

  • Place/s of work
  • Date of employment
  • Working hours and days of work

Payment Details

  • Salary or wage, or the rate and method of calculating wages
  • Rate for overtime
  • Any other cash payments
  • Any payments in kind and their value
  • Frequency of payment 
  • Any deductions 
  • Value and payment for any food or accommodation.

Leave Details

  • Any leave to which the worker is entitled

Notice/Contract Period

  • Period of notice required 
  • Period of contract

This document must be updated if any details change.

An employer must keep a copy of this document while the worker is employed, and for 3 years thereafter.

If a worker is unable to understand the contract, the employer is to explain the information in a way that the farm worker understands.


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