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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 7 : Domestic Worker Sector, South Africa

Part C : Particulars of Employment

9. Written particulars of employment


(1) An employer must supply a domestic worker, when the domestic worker starts work with the following particulars in writing—
(a) the full name and address of the employer;
(b) the name and occupation of the domestic worker, or a brief description of the work for which the domestic worker is employed;
(c) the place of work, and where the domestic worker is required or permitted to work at various places, an indication of this;
(d) the date on which the employment began;
(e) the domestic worker's ordinary hours of work and days of work ;
(f) the domestic worker's wage or the rate and method of payment ;
(g) the rate of pay for overtime work;
(h) any other cash payments that the domestic worker is entitled to;
(i) any payment in kind that the domestic worker is entitled to and the value of the payment in kind;
(j) how frequently wages will be paid;
(k) any deductions to be made from the domestic worker's wages ;
(l) the leave to which the domestic worker is entitled to; and
(m) the period of notice required to terminate employment, or if employment is for a specified period, the date when employment is to terminate.


(2) If a domestic worker is not able to understand the written particulars, the employer must ensure that they are explained to the domestic worker in a language and in a manner that the domestic worker understands.


(3) The employer must revise the written particulars if the employer and domestic worker agree to any change in the domestic worker's terms of employment.


(4) The employer must sign the written particulars and any change in the terms of clause (3).


(5) The employer may require the domestic worker to—
(a) acknowledge receipt of the written particulars in writing on a copy of the particulars; or
(b) if the domestic worker is unable to or refuses to acknowledge receipt, record that the domestic worker has received a copy of the written particulars.


(6) An employer must retain a copy of the written particulars while the domestic worker is employed and for three years thereafter .