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13th Cheque and Christmas Bonus for Domestic Workers: What the Law Says
Every November the same question lands in household WhatsApp groups: do I have to pay my domestic worker a 13th cheque? The short answer is no — no South African law forces any employer to pay a bonus. But that is not the whole story: a bonus can become legally binding through your contract or your own past habits, and getting it wrong can land you at the CCMA. Here is how to do it properly, with a letter template you can sign.
Last reviewed June 2026 · wage figures from 1 March 2026
BONUS / THIRTEENTH CHEQUE CONFIRMATION LETTER — DOMESTIC EMPLOYEE
From (employer): [EMPLOYER FULL NAME]
Address: [EMPLOYER ADDRESS]
To (employee): [EMPLOYEE FULL NAME]
Position: [E.G. DOMESTIC WORKER / NANNY / GARDENER]
Date: [DATE OF LETTER]
Dear [EMPLOYEE FIRST NAME],
1. AWARD OF BONUS. Thank you for your work during [YEAR]. The employer will pay you a [13TH CHEQUE / YEAR-END BONUS] of R[BONUS AMOUNT].
2. CALCULATION. The bonus is calculated as: [TICK AND COMPLETE ONE]
( ) one full month's wage of R[MONTHLY WAGE];
( ) a pro-rata amount: R[MONTHLY WAGE] x [COMPLETED MONTHS OF SERVICE IN THE YEAR] / 12 = R[BONUS AMOUNT], because your service this year started on [START DATE];
( ) a fixed amount of R[BONUS AMOUNT] decided by the employer.
3. PAYMENT. The bonus will be paid on [PAYMENT DATE] together with / separately from your normal wage, by [CASH IN SEALED ENVELOPE / EFT], and will appear as a separate item on your payslip for that period.
4. NATURE OF THE BONUS. This bonus is a discretionary payment. It is not a term of your employment contract [DELETE IF THE CONTRACT PROVIDES FOR A BONUS], and the employer will decide each year, based on its circumstances, whether a bonus can be paid and how much. The employer will tell you as early as possible in any year in which a bonus cannot be paid or must be reduced.
5. NO EFFECT ON OTHER RIGHTS. This bonus is paid in addition to, and does not replace, your wage (which will never be less than the national minimum wage), your paid leave, UIF contributions or any other right you have by law or under your contract.
6. RECORDS. A copy of this letter will be kept with your pay records for three years.
Signed (employer): ______________________ Date: [DATE]
ACKNOWLEDGEMENT BY EMPLOYEE
I confirm that this letter was explained to me in a language I understand.
Signed (employee): ______________________ Date: [DATE]
No law requires a 13th cheque — for domestic workers or anyone else
Neither the Basic Conditions of Employment Act nor Sectoral Determination 7 (which governs the domestic worker sector) obliges an employer to pay a bonus of any kind. Labour law is essentially silent on bonuses: whether to pay one, and how much, is a matter for agreement between employer and employee. A domestic worker who has never been promised or paid a bonus has no legal claim to one.
What the law does demand is the basics, every month: at least the national minimum wage (R30.23 per hour from 1 March 2026), UIF contributions if she works more than 24 hours a month for you, paid annual leave of three weeks, and a proper payslip with each payment. A bonus is a gift on top of compliance, never a substitute for it.
When a bonus becomes legally binding anyway
Two routes turn a voluntary bonus into an enforceable right. First, the contract: if the employment contract says the worker receives a 13th cheque, you are bound by it like any other term. Check what you signed before deciding anything.
Second, established practice. If you have paid a December bonus year after year, your worker acquires a reasonable expectation that it will continue, and simply skipping it can be challenged as an unfair labour practice. If circumstances genuinely force you to reduce or stop a customary bonus, tell the worker well in advance and explain why — the Labour Court has held that informing employees just two weeks before Christmas that there will be no bonus is not good enough. The safest habit is to confirm each year's bonus in writing as discretionary, which is exactly what the letter below does.
How to structure a 13th cheque if you choose to pay one
A true 13th cheque is one extra month's wage, usually paid in December alongside the normal December salary. For a full-time worker at the 2026 minimum wage that is about R5,239 — a meaningful amount, so decide early in the year and put a little aside monthly rather than scrambling in November.
You do not have to pay a full month. Common fair alternatives include a half-month cheque, a fixed amount you can sustain every year, or a week's wage per full year of service. Whatever you choose, pay it through the normal pay channel and show it on the December payslip as a separate earnings line, so your three-year pay records stay complete. And treat the bonus and the annual increase as separate decisions — a once-off bonus is not a substitute for the annual wage adjustment when the minimum wage changes each March.
Pro-rata bonuses for part of a year
If your worker started mid-year, the standard fair approach is pro-rata: the bonus multiplied by completed months of service divided by twelve. It rewards actual service and sets a clean precedent for future years.
Worked example: you pay a 13th cheque equal to one month's wage of R5,500, and your worker started on 1 June. By December she has completed 7 of 12 months, so the pro-rata bonus is R5,500 × 7 ÷ 12 = R3,208.33. The same formula works for part-time workers — just use her normal monthly wage as the base. State the calculation in the letter so there is no confusion about why the amount is less than a full month.
If you cannot afford a bonus this year
Say so early, in person and in writing — not in December. If a bonus has been customary, an early honest conversation plus a written note protects you from an unfair labour practice claim and protects her household budget from a nasty surprise. Workers plan school uniforms, transport home and January fees around an expected bonus.
Consider alternatives that cost less than a full cheque: a smaller fixed amount, a grocery or clothing voucher (given in addition to wages, never deducted from them), or extra paid days off around the holidays beyond her three weeks' annual leave. None of these is legally required either, but goodwill in December buys loyalty all year.
Using the bonus letter template
The letter below confirms the bonus in writing, records how it was calculated (including the pro-rata formula where relevant), and states clearly that it is discretionary and reviewed each year. Be aware that no wording fully insulates you if you pay the same bonus for many years running — established practice can still create an expectation — but a clear annual letter is your best evidence of what was and was not promised. Print two copies, sign both, and file yours with the payslips.
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Frequently asked questions
Is a 13th cheque compulsory for domestic workers in South Africa?
No. No statute — including the BCEA and Sectoral Determination 7 — requires any employer to pay a bonus. It becomes compulsory only if your employment contract promises it, or if a consistent past practice has created a reasonable expectation.
I have paid a bonus every December for years. Can I just stop?
Not safely. Repeated payment creates a reasonable expectation, and withdrawing it without proper advance warning can be an unfair labour practice — the Labour Court has held that two weeks' notice before Christmas is not enough. Tell your worker as early as possible, explain the reason, and put it in writing.
How much is a 13th cheque for a worker on the minimum wage?
One extra month's wage. For a full-time worker (40 hours a week) at the 2026 minimum wage of R30.23 per hour, that is roughly R5,239. Half-month or fixed-amount bonuses are common and perfectly lawful alternatives.
My worker started in the middle of the year — must she get a full bonus?
There is no legal entitlement at all, so pro-rata is both fair and standard: monthly wage × completed months ÷ 12. A worker who started on 1 June and is paid in December would receive 7/12 of the full amount. Show the calculation in the letter.
Does the bonus go on the payslip?
Yes. Pay it through your normal channel and record it as a separate earnings line on that month's payslip, then keep your copy with the rest of your pay records, which must be retained for three years.
Can I give a bonus instead of the March minimum-wage increase?
No. The national minimum wage is an hourly floor on the ordinary wage; a once-off bonus cannot be used to make up a rate below R30.23 per hour. The bonus is always in addition to a compliant wage.