The au pair contract in South Africa, and what the law requires

An au pair is an employee

If a family pays an au pair directly to look after their children on set days, the au pair is an employee of that household under South African law. That is true whether the au pair is a student, works ten hours a week, or lives in. Three laws matter:

• The Basic Conditions of Employment Act (BCEA) sets rules on working hours, leave, notice periods and requires the employer to give written particulars of employment.
• The National Minimum Wage Act sets the hourly floor, reviewed every March. Market rates for au pairs are far above it, but it applies.
• The Unemployment Insurance Act requires registration and monthly contributions for any employee working more than 24 hours a month. Household employers must also register with the Compensation Fund (COIDA), which has covered domestic employees since 2021.

This guide is general information, not legal advice. Check current thresholds with the Department of Employment and Labour or a labour adviser.

What the written agreement must contain

The BCEA lists the particulars an employer must give in writing. For an au pair, a two-page document covers it. Include:

1. Names and addresses of the family (employer) and the au pair (employee).
2. Start date, and the end date if it is a fixed term, for example one school year.
3. Place of work: the family home, plus the schools and activities the au pair drives to.
4. Duties: school runs, homework supervision, preparing children’s meals, driving to sport, tidying the children’s spaces. Be specific so nothing creeps in.
5. Hours: the weekly grid. Ordinary hours, the days, and how extra hours are requested and paid.
6. Pay: the monthly amount for the grid, the hourly rate for extra hours, when it is paid, and any deductions.
7. Allowances and benefits: fuel (per kilometre or fixed), phone, meals on duty, and for live-in au pairs exactly what accommodation and food are included.
8. Leave: annual leave (the BCEA gives full-time employees 21 consecutive days a year; part-time is pro rata), sick leave, family responsibility leave, and how school holidays are handled.
9. Notice period: one week in the first six months, two weeks up to a year, four weeks after that, or longer by agreement.
10. Car and insurance: whose car, who insures it, who pays the excess, and that the au pair holds a valid licence.
11. Confidentiality and conduct: privacy of the family, social media rules about the children, and the house rules that matter to you.
12. Signatures and the date.

Points that cause disputes, and how to avoid them

• Extra hours. Agree in writing that evenings and weekends are requested in advance and paid at the hourly rate, or at a higher rate after 18:00.
• School holidays. Decide whether the au pair works more hours, fewer hours, or takes leave, and whether pay changes. Students often want time off; working parents often need more cover. Settle it before the first holiday.
• Sick children. Say what happens when a child is home sick on a school day: does the au pair come earlier, and is it paid?
• Fuel. Use a per-kilometre rate and a simple log, or a fixed monthly allowance reviewed every term.
• Housework. State plainly that general household cleaning is not part of the role.
• Live-in boundaries. Days off, guests, curfew if any, use of shared spaces, and what happens when the family travels.

Registrations for the family

• UIF. Register as an employer on uFiling, add the au pair, and pay 2 percent of their pay each month (1 percent from you, 1 percent deducted from them). It takes an hour the first time and minutes each month. It also protects the au pair if the placement ends.
• Compensation Fund. Register as a household employer with the Compensation Fund so the au pair is covered if injured at work, including on the school run.
• PAYE. Only applies if the au pair earns above the annual tax threshold. Most part-time au pairs do not, but check each year.

A domestic payroll service can handle all three for a small monthly fee if you would rather not.

For au pairs: what to check before you sign

• Are the hours written down and realistic for your timetable?
• Is the pay stated per month and per extra hour, and is the payment date clear?
• Is fuel covered if you use your own car, and are you a named driver on the family’s insurance if you use theirs?
• Are leave and school holidays settled?
• If you live in, are your days off and your privacy written down?
• Is it clear that housework is not your job?
• Has the family registered you for UIF? Ask; it protects you.

A template

Au Pair Nation provides a template agreement covering all the points above to every family and au pair who connects. Adapt it together in the chat before you meet in person, so nothing is a surprise on the first day.