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Domestic workers’ rights: 4 Rules every household should know

by Chumasande Matiwane
Picture: Pexels/Tima Miroshnichenko

Domestic workers play an important role in many South African households, from cleaning and laundry to childcare, gardening and caring for older or sick family members.

However, employing someone in a private household also comes with legal responsibilities. 

Also see: Primary workers’ rights you should know as a woman

South Africa’s labour laws provide domestic workers with minimum employment rights, and households should understand these rules to ensure that working arrangements are fair and legally compliant. 

Here are four important rules every household employing a domestic worker should know, according to South African Labour law.

1. Paying them the national minimum wage

Domestic workers are covered by South Africa’s National Minimum Wage legislation. As of 1 March 2026, the national minimum wage increased to R30.23 per ordinary hour worked, and this rate applies to domestic workers.  

Households should therefore calculate wages based on the hours worked and ensure that the worker is not paid below the legally prescribed minimum. 

Employers should also keep proper records of hours worked and payments made. Workers should receive a payslip showing relevant payment information. 

2. Working hours and rest periods matter

Domestic employment does not mean that a worker can be expected to work unlimited hours. This is set out in the Basic Conditions of Employment framework, which regulates working hours, meal intervals and rest periods.

In general, ordinary working hours may not exceed 45 hours per week, subject to the applicable rules and agreements. Overtime must also be agreed to and compensated according to the law.  

Domestic workers are also entitled to rest periods. The applicable domestic worker provisions provide for at least 12 consecutive hours of daily rest and 36 consecutive hours of weekly rest, unless specific written arrangements permitted by law apply.  

Also see: New labour laws will strengthen protections for South Africa’s workers

3. Leave is a legal entitlement

Annual leave is not simply a favour that an employer can choose to provide. Workers covered by the Basic Conditions of Employment Act are entitled to annual leave, with the legislation providing a minimum equivalent to 21 consecutive days per annual leave cycle, or an equivalent calculation based on days or hours worked.  

Domestic workers may also qualify for other forms of statutory leave, including sick, maternity and family responsibility leave, depending on the circumstances and applicable requirements.  

4. Show employment relationship in writing

A written employment agreement can help prevent misunderstandings between a household and its domestic worker. 

Employment information should set out important details such as the worker’s duties, working hours, remuneration and other conditions of employment. The Department of Employment and Labour states that employers must provide workers with information about their employment and working conditions in writing.  

Employing a domestic worker is an employment relationship, even when the work takes place inside a private home. Understanding minimum wages, working hours, leave and written employment conditions can help households meet their legal responsibilities while creating a more transparent working relationship. 

Also see: Remote work made better: How to build productive daily habits

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