SA Labour Law for Au Pairs
Au pairs in South Africa have clear legal protections under the Basic Conditions of Employment Act (BCEA). Understanding your rights — whether you are an au pair or an employer — helps build a fair and respectful working relationship.
R30.23
Minimum Wage per Hour (2026)
45 hrs
Maximum Work Week
15 days
Annual Leave Entitlement
Are Au Pairs Domestic Workers?
Yes. In South Africa, au pairs are classified as domestic workers under the Basic Conditions of Employment Act (BCEA), specifically Sectoral Determination 7. This means au pairs are entitled to the same legal protections as any domestic worker — including minimum wage, regulated working hours, leave, and UIF registration. There is no separate "au pair" category in South African labour law. Any arrangement where a person provides childcare in a private household in exchange for payment is an employment relationship governed by the BCEA.
Your Rights as an Au Pair
Under Sectoral Determination 7, every au pair in South Africa is entitled to the following:
- ✓Written employment contract
- ✓National minimum wage (R30.23/hr from March 2026)
- ✓Maximum 45 hours per week
- ✓Overtime at 1.5x (2x on Sundays and public holidays)
- ✓15 working days annual leave
- ✓30 days sick leave per 3-year cycle
- ✓3 days family responsibility leave per year
- ✓4 months maternity leave
- ✓UIF registration and benefits
- ✓Protection against unfair dismissal
Your Obligations as an Employer
If you hire an au pair, you are an employer under South African law. These are your legal obligations:
- ✓Provide a written employment contract
- ✓Pay the national minimum wage or above
- ✓Register for UIF (1% contribution from each party)
- ✓Provide leave as per the BCEA
- ✓Follow fair dismissal procedures
- ✓Keep employment records for at least 3 years
- ✓Provide monthly payslips
UIF Explained
The Unemployment Insurance Fund (UIF) provides short-term financial relief to workers who become unemployed, fall ill, or go on maternity leave. Both au pairs and employers are required by law to contribute.
How It Works
- ✓ Total contribution: 2% of salary
- ✓ Employee pays: 1%
- ✓ Employer pays: 1%
- ✓ Employer deducts and remits monthly
- ✓ Register at ufiling.labour.gov.za or any Department of Labour office
Benefits Covered
- ✓ Unemployment benefits (up to 238 days)
- ✓ Maternity benefits
- ✓ Illness benefits
- ✓ Adoption benefits
- ✓ Dependant benefits (if worker dies)
Termination & Notice Periods
Minimum notice periods required by the BCEA based on length of employment.
| Length of Employment | Minimum Notice |
|---|---|
| Less than 6 months | 1 week |
| 6 months – 1 year | 2 weeks |
| More than 1 year | 4 weeks |
Unfair dismissal: An employer cannot dismiss an au pair without a valid reason (misconduct, incapacity, or operational requirements) and a fair procedure. If you believe you have been unfairly dismissed, you can refer the matter to the CCMA within 30 days of dismissal — the process is free.
Where to Get Help
If your rights are being violated or you need advice, these organisations can help — all services are free.
CCMA (Commission for Conciliation, Mediation and Arbitration)
Free dispute resolution for unfair dismissal, unpaid wages, and other labour disputes.
Phone: 0861 200 727 | https://www.ccma.org.za
Department of Employment and Labour
File complaints about minimum wage violations, UIF non-registration, or unsafe working conditions.
Phone: 012 309 4000 | https://www.labour.gov.za
Legal Aid South Africa
Free legal assistance for workers who cannot afford private attorneys.
Phone: 0800 110 110 | https://www.legal-aid.co.za
This page is for general information only and does not constitute legal advice. Consult a labour law professional for your specific situation.