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Why Every Domestic Worker Deserves a Written Contract

Peter Adolphs
Peter Adolphs |

 

Last night, a WhatsApp message came through to our team:

“My employer is not paying me my salary. It’s been four months now. What steps can I take?”

The woman who wrote it sounded exhausted and desperate. She had no written contract, no payslips, and no proof of what she was owed. Without these, her chances of recovering her salary were painfully slim.

Her story is heartbreaking, but sadly, it isn’t rare.


The Bigger Picture

Domestic workers are the backbone of many South African households. They care for children, maintain homes, and support families, yet they are among the most vulnerable workers in our economy.

According to Stats SA, more than 815,000 domestic workers are employed in South Africa, and research consistently shows that the majority still don’t have written contracts. Instead, they rely on verbal agreements, which leave them exposed when things go wrong.


The Law Is Clear

The Basic Conditions of Employment Act (BCEA) requires every employer to give their employee written particulars of employment. This includes:

  • Working hours and overtime rules

  • Wages and payment dates

  • Leave entitlements (annual, sick, maternity, family responsibility)

  • UIF contributions (shared between employer and employee)

  • Termination procedures and notice periods

Without this, both employers and employees are in breach of the law and at risk of conflict or penalties.


Without a Contract vs. With a Contract

Without a contract:

  • Employees may be left unpaid for weeks or months.

  • They have no record to support a UIF claim or CCMA case.

  • Employers may unintentionally break the law, even if they meant no harm.

With a contract:

  • Wages, hours, and duties are clear.

  • Leave is tracked and respected.

  • UIF is deducted and paid, unlocking vital benefits.

  • Both sides have clarity, protection, and peace of mind.

For employees, a contract is not just a piece of paper; it is a symbol of security and dignity. For employers, it is fairness, professionalism, and compliance.


A Contract Builds Trust

When an employer gives their domestic worker a contract, it says:
“I see you. I value you. I want us both to be protected.”

It’s a small step that makes a big difference. It turns an informal arrangement into a professional relationship built on respect.


AskMandla Makes It Simple

At AskMandla, we’ve built a service that makes doing the right thing easy. Through WhatsApp, you can generate a legally compliant contract in minutes, covering wages, hours, leave, UIF, and disciplinary codes. Both employer and employee get a signed copy, stored safely and accessible anytime.


Final Word

The woman who reached out last night deserved better. Every domestic worker does.

A contract is not just a legal requirement; it is a lifeline, a promise of fairness, and a step towards dignity for South Africa’s most undervalued workers.

👉 Start today with AskMandla. Create a compliant contract in minutes, and protect both you and your employee.

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