Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 7 : Domestic Worker Sector, South AfricaPart C : Particulars of Employment9. 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 . |