Project Description
The two-page domestic worker employment contract
We created a custom two-page employment contract in plain language for a domestic worker in South Africa.
The brief
We were delighted when a client asked us to create a plain language version of a domestic worker employment contract that would provide a formal but friendly contract between employer and employee.
The challenge
Domestic work is an important source of employment in South Africa, particularly for women. In the past, employers and domestic workers often did not sign a formal agreement, despite the fact that South African law requires it.
But creating a clear, simple and kind contract that captures what is often an already existing working relationship that takes place in the domestic space is no easy task. In this case, there was also the need to include a rental agreement for the accommodation that the employer planned to provide for their domestic worker.
Before we could create a custom plain language employment contract, we had to be sure we had both the legal facts and a good sense of what both the employer and domestic worker wanted from the agreement.
The process
We decided the best way to approach this project was to do extensive research.
- We consulted a team of lawyers with experience in creating employment contracts to understand exactly what South African law requires when it comes to domestic work.
- We chatted to a HR consultant to understand the common challenges experienced by semi-skilled workers and their employers.
- Most important of all, we interviewed both the employer and the domestic worker we were creating this contract for, so that we could get a deep sense of what they both required from the agreement. This included asking questions about their hopes and fears for their working relationship both in the present and in the future.
The results
A two-page contract in plain language that set the stage for the warm working relationship of our clients to continue while also providing legal protection for both the employer and the domestic worker.
We were overjoyed by the reaction our final version was met with, when our client said that: “[my domestic worker] wanted to thank you for the simplicity of the agreement. She understands it well, it’s easy to read, and clear.”
The before:
10.1 Both the Employer and Employee agree to the terms and conditions set out in this agreement.
10.2. The Employee confirms that it has received a copy of this agreement confirms that the contents thereof have been properly explained before signing.
The after:
This contract sets out the rules of our working relationship and your accommodation. It is designed to make sure that we understand what we must do to have a good working relationship. If you have any questions, please ask me.