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Every domestic worker must have a signed employment contract by law. The contract cannot override the Basic Conditions of Employment or the Domestic Workers Act, but covers the specifics of your employment arrangement. It is still useful to cover all the basic conditions already mentioned here so that you and your employee can discuss and understand them. You should review the contract with your employee every year.
It should contain:
• The full name and address of the employer
• The full name and occupation of the employee, and a brief description of the work that he or she will be doing
• The place of work
• The date of employment
• The domestic worker’s ordinary hours and days of work
• The domestic worker’s wage or rate and method and frequency of payment
• The rate of pay for overtime work
• Any other cash payments that the employee is entitled to
• Any deductions taken from wages
• The leave he or she is entitled to
• The notice period required to terminate employment, or the date of termination if the employment is for a specific period only.
The bottom line:
Although working through all these requirements and writing it up in a contract can be time-consuming, it will save you a great deal of difficulty in the long term if a question or dispute arises. Employing a domestic worker is a business transaction like any other, and you and your employee will be far better protected if you have taken the appropriate legal steps from the outset.
If all the employee’s sick leave and annual leave are exhausted, the employer has no legal obligation to pay the employee. It may be treated as unpaid leave.
Unfortunately this a not a lawful condition. The law only stipulates that an employee has to present a sick note if he is absent for more than 2 consecutive days. As these days are all only 1 day only, no medical certificate is required. However if this happens on more than 2 occasions within an eight-day period, the employer may insist on a medical certificate.
An employer has to get written consent from the employee before making any deductions on his salary, except for statutory deductions such as UIF, PAYE, retirement fund and medical aid.