Yes. The law treats a gardener, a nanny, a carer for someone in your home and a driver employed by the household as domestic workers. So the same rules apply as for a housekeeper or cleaner: at least R30.23 an hour, COIDA registration at any hours, and from 24 hours a month with you, UIF registration, a written contract, a payslip with every payment, and leave and notice under Sectoral Determination 7. If you employ more than one, each is a separate worker with their own UIF declaration, contract and payslips, under the same household registrations.
Who counts as a domestic worker
The Unemployment Insurance Act defines a domestic worker as an employee who does domestic work in the employer's home, and says this includes:
- a gardener
- a person employed by a household as a driver
- a person who looks after someone in the home: a child, an elderly or frail person, or someone who is sick or disabled
It does not include a farm worker. Sectoral Determination 7, which sets the working conditions for domestic workers, covers the same roles. A live-in carer employed by your household is covered too.
What applies
| Rule | Applies to gardeners, nannies, carers and drivers? |
|---|---|
| Minimum wage, R30.23 an hour, at least 4 hours for any day worked | Yes, at any hours |
| COIDA: the household registers and files a yearly Return of Earnings | Yes, at any hours |
| UIF: 1% from you, 1% from them | From 24 hours a month with you |
| Written contract, payslips, leave and notice | From 24 hours a month with you |
Several workers in one home
You register the household once for UIF and once for COIDA. Each worker is then declared under your UIF number, gets their own contract and payslips, and their wages are added together on your yearly COIDA Return of Earnings. The R560 COIDA minimum is per household, not per worker.
A gardener who comes once a week
Count his hours. One 8-hour day a week is about 34.7 hours a month, so UIF applies. One 5-hour morning a week is about 21.7 hours a month, so it does not, but COIDA and the minimum wage still do. If he also works for other households, see a domestic worker with several employers.
How AskMandla helps
We set up each worker in the same WhatsApp chat: a contract for their days and duties, their pay and payslips, and their UIF. COIDA registration and the yearly Return of Earnings for your household are handled by our team behind the scenes. R450 once-off and R49 a month per worker.
Questions people ask
Does my gardener need to be registered for UIF?
Yes, if he works 24 hours or more a month for you. One full 8-hour day a week is about 34.7 hours a month, so a weekly gardener usually needs registering. COIDA applies at any hours.
Is a nanny a domestic worker?
Yes. A person who looks after children in your home is a domestic worker under the Unemployment Insurance Act and Sectoral Determination 7, so the minimum wage, UIF, COIDA, contract and payslip rules all apply.
Sources
- Unemployment Insurance Act 63 of 2001, section 1 (definition of "domestic worker")
- Sectoral Determination 7: Domestic Worker Sector (GN R1068 of 15 August 2002)
- Compensation Fund notice to employers of domestic employees, Government Notice 106 of 2021