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Your Rights as a Domestic Worker in South Africa

Domestic work is real work, and the law says so. Whether you are a housekeeper, nanny, gardener or carer, you are protected by the National Minimum Wage Act, the Basic Conditions of Employment Act, and Sectoral Determination 7 — written specifically for the domestic sector. This page sets out your rights in plain language, with the current rand amounts and the exact places to go if an employer ignores them.

Last reviewed June 2026 · wage figures from 1 March 2026

Your right to the minimum wage

From 1 March 2026 the national minimum wage is R30.23 per hour, and domestic workers are entitled to the full rate — the old lower rates for domestic work were equalised years ago. Multiply your weekly hours by R30.23 to check your pay: for example, 8 hours is at least R241.84 for the day.

The minimum wage is a floor, not a target — you can always negotiate more. It is also calculated on hours worked, so transport money, food or accommodation cannot be counted as part of the hourly wage. Sectoral Determination 7 limits any deduction for accommodation your employer provides to a maximum of 10% of your wage, and only if the room is weatherproof, lockable and has toilet and bath facilities.

Written particulars and a payslip

You are entitled to written particulars of employment — a document setting out your duties, hours, wage, leave and notice terms — when you start work. You do not have to accept 'we agreed verbally': ask for it in writing.

Every payday your employer must give you payment details in writing (a payslip) showing what you were paid and any deductions, and they must keep those records for three years. A payslip is your proof of employment and earnings — keep your copies safe, because you will need them for UIF claims and any dispute.

Working hours, overtime and rest

Under Sectoral Determination 7 you may not be required to work more than 45 ordinary hours a week — at most 9 hours a day if you work 5 days or fewer, or 8 hours a day on a 6-day week. Overtime is voluntary, capped at 15 hours a week, and must be paid at 1.5 times your normal wage (or paid time off by agreement). You may never be made to work more than 12 hours in a day, overtime included.

You are entitled to a daily rest period of 12 consecutive hours and a weekly rest period of 36 consecutive hours, which must include Sunday unless you agree otherwise. Work on a Sunday or public holiday is voluntary and must be paid at double your normal rate. Night work between 18:00 and 06:00 requires your written agreement and extra pay, and standby arrangements are limited and must be agreed in writing.

Your leave rights

Annual leave: at least 3 weeks of paid leave per year of full-time work, to be granted no later than six months after the leave cycle ends. Sick leave: in each 36-month cycle you get paid sick leave equal to the days you would normally work in six weeks (during your first six months, it accrues at one day per 26 days worked). A medical certificate can be required if you are off more than two consecutive days.

Family responsibility leave: 5 paid days a year — for the birth or illness of your child, or the death of a close family member — if you have worked for the employer at least four months and work at least four days a week. Maternity leave: up to four consecutive months. The employer does not have to pay you during maternity leave, but if you are registered for UIF you can claim maternity benefits from the Fund.

UIF and injury cover (COIDA)

If you work more than 24 hours a month for an employer, they must register you for UIF and pay contributions: 1% of your wage from them, 1% deducted from you. UIF pays you benefits if you lose your job, fall ill, or go on maternity leave — and pays your dependants if you die. You can check or start registration through uFiling (ufiling.labour.gov.za), by emailing domestics@uif.gov.za, or at any Labour Centre.

Since the Constitutional Court's Mahlangu judgment of 19 November 2020, domestic workers are also covered by COIDA: if you are injured at work or made ill by your work, you can claim medical costs and compensation from the Compensation Fund. Your employer must register you and must report any accident within 7 days. The ruling applies retrospectively, so older injuries may still qualify. See our full guide to COIDA for domestic workers — and share it with your employer if they have not registered.

Protection against unfair dismissal and harassment

You cannot be dismissed on the spot without a fair reason and a fair process — the Labour Relations Act protects domestic workers like all employees. Your employer must give written notice: one week if you have worked six months or less, four weeks if longer. If you believe your dismissal was unfair, you can refer the dispute to the CCMA within 30 days. The CCMA is free, you do not need a lawyer, and the referral form is LRA Form 7.11. If you miss the 30 days you can apply for condonation, but act quickly.

You are also protected against harassment, including sexual harassment. The Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (in force since 18 March 2022) states specifically that for domestic workers, the employer's residence is the workplace. Unwelcome sexual conduct is a form of unfair discrimination — you can raise it with the CCMA under the Employment Equity Act, and serious cases can also be reported to the police.

How to report an employer

If your rights are being ignored, you have free, official channels. Start by raising the problem with your employer in writing if it is safe to do so — many issues are fixed once an employer realises the law is clear.

• Department of Employment and Labour Centre: report underpayment, no payslips, no UIF or excessive hours at your nearest Labour Centre. A labour inspector can investigate and order the employer to comply.
• CCMA: for unfair dismissal (refer within 30 days on LRA Form 7.11), unfair labour practices, harassment and minimum-wage disputes. Services are free.
• UIF: if contributions were deducted but never paid over, report it via domestics@uif.gov.za or your Labour Centre.
• Compensation Fund (0860 105 350): if you were injured at work and your employer refuses to report it or is not registered.
• Keep evidence: payslips, messages, a notebook of your hours and payments. Records win cases.

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