Legal obligations when hiring an au pair in South Africa
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In short:
Hiring an au pair is a formal employment relationship under South African law. Families must register for UIF, issue a written contract, pay at or above the National Minimum Wage, provide monthly payslips, and grant statutory leave. Non-compliance carries fines and back-pay liability.
South Africa's Basic Conditions of Employment Act (BCEA) and Sectoral Determination 7 (Domestic Worker Sector) apply fully to au pairs and nannies hired by families. The "informal" nature of the arrangement offers no legal protection — from the moment you pay someone to care for your children on a regular basis, you are an employer.
This page sets out every obligation, with the legal source for each.
Compliance checklist at a glance
| Obligation | Legal source | When required | How to comply |
|---|---|---|---|
| Written employment contract | BCEA s.29 | Before work starts | Sign contract stating hours, pay, leave, duties |
| UIF registration (employer) | UIF Act s.8 | Within 7 days of hiring | Register on ufiling.labour.gov.za |
| UIF monthly contribution | UIF Act s.6 | Every pay cycle | Deduct 1% from au pair's pay; add 1% yourself; pay 2% to SARS |
| Monthly payslip | BCEA s.33 | Every pay period | Issue written or electronic payslip |
| Pay at or above NMW | NMW Act s.4 | Every pay period | Minimum R30.23/hour from 1 March 2026 |
| Annual leave (15 days) | BCEA s.20 | After each 12-month cycle | Cannot be replaced by cash except on termination |
| Sick leave (30 days / 3 years) | BCEA s.22 | As needed | First 6 weeks: 1 day per 26 days worked; thereafter 30 days in 3-year cycle |
| Notice period on termination | BCEA s.37 | When ending employment | See notice period table below |
| PAYE registration | Income Tax Act s.35 | If au pair earns ≥ R99,000/year | Register as employer with SARS; deduct monthly PAYE |
AuPairly note:
Most families skip UIF registration because it feels complicated. It isn't — the ufiling portal handles it in under 15 minutes, and the cost is R177.12/month maximum (at the 2026 UIF ceiling). Skipping it exposes you to back-pay liability and prevents your au pair from claiming if they lose the job.
UIF: what it is and what you owe
The Unemployment Insurance Fund (UIF) is a mandatory government fund that provides short-term relief to workers who lose income through unemployment, illness, maternity, or adoption leave.
As a family employing an au pair, you must:
- Register as a domestic employer on ufiling.labour.gov.za — this is separate from registering with SARS for PAYE.
- Deduct 1% of the au pair's gross monthly salary from their pay.
- Contribute an additional 1% yourself.
- Submit the combined 2% to SARS monthly.
2026 figures:
| Monthly salary | Employee deduction (1%) | Employer contribution (1%) | Total UIF due |
|---|---|---|---|
| R5,000 | R50.00 | R50.00 | R100.00 |
| R8,000 | R80.00 | R80.00 | R160.00 |
| R12,000 | R120.00 | R120.00 | R240.00 |
| R17,712+ (ceiling) | R177.12 | R177.12 | R354.24 |
UIF contributions are capped at the monthly earnings ceiling of R17,712 (effective 2026). Source: SARS — UIF
The UIF ceiling means no family pays more than R177.12/month in employer UIF contributions, regardless of what they pay the au pair.
Written contract
Required by: BCEA section 29
A written contract must state, at minimum:
- Full names and addresses of both parties
- Start date (and end date, if fixed-term)
- Job description and duties
- Hours of work and days of the week
- Gross pay and how it is calculated
- Pay period (weekly or monthly)
- Leave entitlements
- Notice period
AuPairly note:
Contracts do not need to be drafted by a lawyer. A clear, signed document in plain language satisfies BCEA section 29. AuPairly provides a downloadable template for verified placements made through the platform.
Pay and payslips
Minimum pay: R30.23 per hour from 1 March 2026 (National Minimum Wage Act, as gazetted February 2026). This applies equally to au pairs and nannies classified as domestic workers.
A full-time au pair working 8 hours/day, 5 days/week earns at least:
- R30.23 × 40 hours/week × 4.33 weeks = R5,236/month at NMW
Most market-rate au pairs earn significantly above NMW. This is the legal floor, not a benchmark.
Payslips: Required monthly (BCEA s.33). Must show:
- Gross pay
- Each deduction (UIF, PAYE if applicable)
- Net pay
- Pay period dates
Electronic payslips (email or WhatsApp) are legally valid.
Leave entitlements
Annual leave
Source: BCEA section 20
- 15 working days per leave cycle (12 consecutive months)
- Leave must be taken; it cannot be replaced by cash in lieu while employment continues
- On termination, unused leave must be paid out in full
Sick leave
Source: BCEA section 22
- First 6 months of employment: 1 day sick leave per 26 days worked
- From month 7 onwards: 30 days paid sick leave in any 36-month cycle
- A doctor's certificate may be required for absences of 2+ consecutive days
Maternity leave
Source: BCEA section 25
- 4 consecutive months, unpaid
- The au pair may claim maternity benefits from UIF during this period (which is why UIF registration matters)
- Families may not dismiss an employee for being pregnant
Family responsibility leave
Source: BCEA section 27
- 3 days per year for the birth or illness of a child, or the death of a close family member
Notice periods
Source: BCEA section 37
| Length of employment | Minimum notice |
|---|---|
| Less than 6 months | 1 week |
| 6 months to 1 year | 2 weeks |
| More than 1 year | 4 weeks |
Notice must be given in writing. Notice pay may be paid in lieu of the notice period.
AuPairly note:
If you are terminating an au pair's employment, you must also consider the requirements of the Labour Relations Act around fair procedure. Dismissal without a valid reason and fair process may result in a CCMA claim.
PAYE: do you need to deduct tax?
Source: Income Tax Act section 35; SARS tax year 2026/27
Most au pairs earn below the PAYE tax threshold. For the 2026/27 tax year:
| Age | Annual threshold | Monthly equivalent |
|---|---|---|
| Under 65 | R99,000 | R8,250 |
| 65–74 | R153,250 | R12,771 |
| 75 and older | R171,300 | R14,275 |
If your au pair earns less than R8,250/month gross (and is under 65), you are not required to deduct PAYE.
If their salary exceeds the threshold, you must register as an employer with SARS and deduct PAYE monthly. Contact SARS or a payroll service provider to register.
Frequently asked questions
Does the law actually apply to au pairs, or just "domestic workers"?
Both. South African law does not define "au pair" as a separate category. Au pairs who work for families are classified as domestic workers under Sectoral Determination 7 and the BCEA. All obligations described on this page apply.
What happens if I don't register for UIF?
The Department of Labour can issue compliance orders and impose fines. If your au pair later claims UIF benefits and you haven't contributed, you may be liable for back-contributions plus interest. The risk is not theoretical — enforcement has increased since 2022.
Can I pay cash and skip the paperwork?
You can pay in cash — there is no legal requirement for bank transfer. However, all other obligations (contract, payslip, UIF, leave) still apply regardless of how you pay. Paying cash does not exempt you from any legal requirement.
Can I deduct things from the au pair's salary?
Only specific deductions are permitted by law: UIF (1%), PAYE (if applicable), and — for live-in arrangements — accommodation (maximum 10% of wage, with written agreement). Deductions for breakages, uniform, or equipment are not permitted without written consent.
What is a "fixed-term" contract and can I use one?
Yes. You can hire an au pair on a fixed-term contract (e.g., for a school year). All BCEA obligations apply for the duration. At the end of the fixed term, no notice is required if the end date was agreed in writing from the start. Repeatedly renewing fixed-term contracts may create a permanent employment expectation under the Labour Relations Act.
Do I need to give 30 days' notice or can I end it sooner?
The 4-week notice period applies only after more than 1 year of employment. You can agree in writing at the start to a different notice period, but it cannot be less than the BCEA minimums in the table above.
Sources
- Basic Conditions of Employment Act, No. 75 of 1997
- Sectoral Determination 7: Domestic Worker Sector
- National Minimum Wage: R30.23/hour from 1 March 2026
- UIF contributions and ceiling — SARS
- SARS Tax Thresholds 2026/27
- UIF registration portal — ufiling.labour.gov.za
Page maintained by AuPairly — South Africa's au pair marketplace
This page is for general information only. It is not legal advice. For advice specific to your situation, consult a labour law practitioner.