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Domestic Worker Employment Contract Zimbabwe

SI 116/2020 compliant template with complete filling guide for maids, nannies & housekeepers

What Is a Domestic Worker Employment Contract?

A domestic worker employment contract is a legally binding agreement between a household employer and a person hired to perform domestic duties such as cleaning, cooking, childcare, laundry, gardening (when part of general housework), or caring for elderly family members. In Zimbabwe, domestic workers represent one of the largest employment sectors, yet many work without formal contracts, leaving both parties vulnerable to disputes.

The Labour Act [Chapter 28:01], the Domestic Workers National Employment Council (NEC) collective bargaining agreement, and Statutory Instrument 116 of 2020 (Domestic Workers Employment Regulations) together govern the employment of domestic workers. These laws establish minimum standards for wages, working hours, leave, and termination that every employer must comply with.

Having a written contract is not just good practice — it is a legal requirement. Section 12A of the Labour Act mandates that every employer provide a written statement of employment particulars within 30 days of the worker starting employment. Failure to do so can result in penalties and places the employer at a disadvantage in any labour dispute.

Why This Matters: In labour disputes, the absence of a written contract almost always works against the employer. Labour officers and the Labour Court will apply the Labour Act minimums and the Domestic Workers NEC terms, which may be more generous than what was verbally agreed. A written contract protects both parties.

When Do You Need This Contract?

You need a domestic worker contract whenever you hire someone to work in your household on a regular basis, including:

  • Full-time maids/housekeepers — Live-in or live-out workers performing cleaning, cooking, and general household duties
  • Nannies and childminders — Workers primarily responsible for childcare
  • Caregivers — Workers caring for elderly or disabled family members
  • Cooks — Workers employed primarily for meal preparation
  • Live-in domestic workers — Workers who reside on the employer's property (additional accommodation clauses apply)
  • Part-time domestic workers — Workers employed for specific days per week (contract should state exact days and hours)

Legal Framework Governing Domestic Workers in Zimbabwe

The employment of domestic workers is governed by several pieces of legislation:

LegislationKey Provisions
Labour Act [Chapter 28:01]General employment law — contracts, termination, leave, unfair labour practices
SI 116 of 2020Specific regulations for domestic workers — maximum 10 hours/day, overtime, rest periods
Domestic Workers NECMinimum wages, 22 days annual leave, conditions of employment
NSSA Act [Chapter 17:04]Social security contributions — employer must register and contribute
Income Tax Act [Chapter 23:06]PAYE obligations if salary exceeds tax-free threshold

Key Clauses That Must Be Included

1. Parties to the Contract

The contract must clearly identify both the employer (the household member who is the legal employer) and the domestic worker, with full names, national ID numbers, and residential addresses. If the employer is a married couple, specify which spouse is the contracting party or whether both are jointly liable.

2. Job Description and Duties

List the specific duties the domestic worker is expected to perform. This prevents disputes about what falls within the worker's responsibilities. Common duties include:

  • House cleaning (sweeping, mopping, dusting, polishing)
  • Laundry (washing, ironing, folding)
  • Cooking and meal preparation
  • Childcare (bathing, feeding, school runs, supervision)
  • Grocery shopping and running household errands
  • Garden maintenance (if agreed — otherwise see our gardener contract template)

3. Working Hours

Under SI 116/2020, a domestic worker may not work more than 10 hours per day inclusive of overtime. Normal working hours should not exceed 8 hours per day or 48 hours per week. The contract must specify:

  • Daily start and end times
  • Lunch/rest break (minimum 1 hour)
  • Working days per week
  • Overtime arrangements and rates (1.5x normal rate; 2x on Sundays and public holidays)

4. Remuneration

State the agreed wage amount, payment frequency (weekly/fortnightly/monthly), and payment method (cash/bank transfer/mobile money). The wage must meet or exceed the Domestic Workers NEC minimum wage. Include provisions for:

  • Basic salary
  • Overtime pay
  • Any allowances (transport, food, uniform)
  • Deductions (NSSA, PAYE if applicable)
  • Annual wage reviews

5. Leave Entitlements

Leave TypeEntitlement
Annual Leave22 working days per year (Domestic Workers NEC)
Sick Leave90 days full pay + 90 days half pay per 12-month cycle
Maternity Leave90 days (98 days under Labour Act; 75% paid by NSSA)
Public Holidays12 gazetted public holidays (paid)
Compassionate LeaveAs per NEC or agreement (typically 3–5 days)

6. Accommodation Provisions (Live-In Workers)

If the domestic worker lives on the employer's property, the contract must address:

  • Description of accommodation provided (room, cottage, etc.)
  • Whether accommodation is rent-free or a deduction applies (NEC limits apply)
  • Utilities included (water, electricity)
  • Privacy rights — the worker's quarters are their private space
  • Notice to vacate upon termination (reasonable period, typically 1 month)
  • Visitors policy (must be reasonable and respect the worker's rights)

7. Termination

The contract must specify:

  • Notice period: Minimum 1 month for monthly-paid workers (per Labour Act)
  • Payment in lieu of notice: Employer may pay 1 month's salary instead of requiring the worker to serve notice
  • Grounds for summary dismissal: Gross misconduct (theft, violence, intoxication on duty)
  • Disciplinary procedure: Verbal warning, written warning, hearing before dismissal
  • Severance pay: Required for retrenchment situations
Important: You cannot dismiss a domestic worker simply because they are pregnant, sick, or have filed a labour complaint. Such dismissals are automatically unfair under the Labour Act and can result in substantial compensation orders from the Labour Court.

Free Domestic Worker Contract Template

Contract of Employment — Domestic Worker

Made in terms of the Labour Act [Chapter 28:01] and the Domestic Workers NEC

BETWEEN:

Employer: [Full Name]   ID Number: [______________]
Address: [_________________________________]
Contact: [Phone Number]   Email: [______________]

AND

Employee (Domestic Worker): [Full Name]   ID Number: [______________]
Address: [_________________________________]
Contact: [Phone Number]


1. COMMENCEMENT DATE
This contract commences on [DATE] and shall continue until terminated in accordance with the provisions herein.

2. PROBATION PERIOD
The first [1/2/3] month(s) of employment shall constitute a probation period, during which either party may terminate by giving two (2) weeks' written notice.

3. JOB TITLE AND DUTIES
The Employee is employed as a [Maid / Nanny / Housekeeper / Caregiver] and shall perform the following duties:
(a) [List specific duty 1]
(b) [List specific duty 2]
(c) [List specific duty 3]
(d) [List specific duty 4]
(e) Such other reasonable household duties as may be assigned from time to time.

4. WORKING HOURS
(a) Normal working hours: [TIME] to [TIME], Monday to [DAY] ([X] days per week).
(b) Total normal hours shall not exceed 8 hours per day or 48 hours per week.
(c) A rest break of not less than 1 hour shall be provided during each working day.
(d) Total working hours including overtime shall not exceed 10 hours per day (SI 116/2020).
(e) Overtime shall be compensated at 1.5 times the normal hourly rate, and double time on Sundays and public holidays.

5. REMUNERATION
(a) The Employee shall receive a monthly salary of USD [AMOUNT] / ZiG [AMOUNT] (or equivalent), payable on the [DATE] of each month.
(b) Payment shall be made by [cash / bank transfer / mobile money] into [account details if applicable].
(c) The Employer shall deduct and remit NSSA contributions as required by law.
(d) A payslip shall be provided with each payment showing gross pay, deductions, and net pay.
(e) Wages shall be reviewed annually, and any increase shall not be less than the NEC-determined adjustment.

6. LEAVE ENTITLEMENTS
(a) Annual Leave: 22 working days per year, to be taken at times agreed between the parties.
(b) Sick Leave: 90 days on full pay and 90 days on half pay in any 12-month period (medical certificate required after 2 consecutive days).
(c) Maternity Leave: 90 days, with NSSA maternity benefits payable where the Employee has contributed for at least 12 months.
(d) Public Holidays: The Employee is entitled to all 12 gazetted public holidays. If required to work on a public holiday, payment shall be at double the normal rate.
(e) Compassionate Leave: [3–5] days in the event of death of an immediate family member.

7. ACCOMMODATION (if applicable)
(a) The Employer shall provide the Employee with accommodation at [describe quarters].
(b) Accommodation is provided [rent-free / at a monthly deduction of USD ___].
(c) The following utilities are included: [water / electricity / both / none].
(d) The Employee's quarters are private and the Employer shall respect the Employee's right to privacy.
(e) Upon termination of employment, the Employee shall vacate the accommodation within [30] days.

8. TOOLS AND UNIFORM
The Employer shall provide all cleaning materials, tools, equipment, and [uniform / protective clothing] required for the performance of duties at no cost to the Employee.

9. TERMINATION
(a) Either party may terminate this contract by giving one (1) month's written notice, or payment in lieu of notice.
(b) During the probation period, two (2) weeks' written notice is required.
(c) The Employer may summarily dismiss the Employee for gross misconduct including but not limited to theft, dishonesty, violence, or reporting for duty under the influence of alcohol or drugs.
(d) Before any dismissal, the Employer shall follow a fair disciplinary process including a hearing at which the Employee may present their case.

10. DISCIPLINARY PROCEDURE
(a) First offence: Verbal warning (recorded in writing).
(b) Second offence: Written warning.
(c) Third offence: Final written warning.
(d) Further offence: Disciplinary hearing, which may result in dismissal.
(e) Gross misconduct may result in immediate suspension pending a hearing.

11. CONFIDENTIALITY
The Employee shall keep confidential all matters relating to the Employer's household, family, and personal affairs, both during and after employment.

12. DISPUTE RESOLUTION
Any dispute arising from this contract shall first be referred to the Domestic Workers NEC for conciliation. If unresolved, either party may refer the matter to the Labour Court.

13. GENERAL
(a) This contract constitutes the entire agreement between the parties.
(b) Any amendments must be in writing and signed by both parties.
(c) If any clause is found to be unenforceable, the remaining clauses shall remain in force.


SIGNED at [PLACE] on this [DAY] day of [MONTH], [YEAR].



____________________________
Employer
Full Name: _______________
Date: _______________


____________________________
Employee (Domestic Worker)
Full Name: _______________
Date: _______________

WITNESS 1:
Name: _______________   ID: _______________   Signature: _______________

WITNESS 2:
Name: _______________   ID: _______________   Signature: _______________

Download Free Domestic Worker Contract Template

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Step-by-Step Guide to Filling Out the Contract

Step 1: Identify Both Parties

Fill in the full legal names as they appear on national identity documents. Include ID numbers for both the employer and the domestic worker. This is essential for NSSA registration and any future legal proceedings. If the worker does not have a national ID, use their passport number or birth certificate reference.

Step 2: Define the Job and Duties

Be as specific as possible. Rather than writing “general housework,” list each duty: cleaning, cooking, laundry, childcare, etc. This prevents disagreements later about what the worker is expected to do. If certain tasks are explicitly excluded (e.g., the worker is a nanny and does not do cooking), state that clearly.

Step 3: Set Working Hours

Specify exact start and end times. Remember the SI 116/2020 limit of 10 hours per day including overtime. If you need the worker to start at 6:00 AM and finish at 5:00 PM, that is 11 hours, which exceeds the limit unless you provide a 1-hour lunch break (making it 10 hours of actual work). Build in adequate rest periods.

Step 4: Agree on Wages

State the exact amount in both figures and words. Specify the currency (USD, ZiG, or dual currency). Check the current Domestic Workers NEC minimum wage to ensure compliance. Include how and when payment will be made.

Step 5: Specify Accommodation Terms (if live-in)

If the worker lives on your property, describe the accommodation in detail. State whether it is free or whether a deduction applies. The NEC limits the maximum deduction for accommodation. Ensure the quarters are habitable, safe, and provide reasonable privacy.

Step 6: Both Parties Sign with Witnesses

Both the employer and the domestic worker must sign the contract. Have two independent witnesses sign as well. Provide each party with a signed copy. If the worker cannot read English, explain the terms in Shona or Ndebele and note this on the contract.

Common Mistakes to Avoid

1. Not Having a Written Contract

Many Zimbabwean households employ domestic workers on verbal agreements. This is illegal under the Labour Act and exposes the employer to significant liability. If a dispute arises, the Labour Court will apply the most employee-favourable interpretation.

2. Paying Below the NEC Minimum Wage

The Domestic Workers NEC sets minimum wages that are legally binding. Paying below the minimum — even if the worker agreed to it — is unlawful. The worker can claim the difference at any time, and the employer may face penalties.

3. Exceeding the 10-Hour Daily Limit

SI 116/2020 caps domestic worker hours at 10 per day including overtime. Having a live-in worker “on call” 24/7 is a violation. Define clear working hours and off-duty times.

4. Not Registering with NSSA

Employers of domestic workers are required to register with NSSA and make monthly contributions. Failure to register is an offence. In the event of a work-related injury or illness, an unregistered employer bears full liability.

5. Dismissing Without Due Process

Even for domestic workers, you must follow a fair disciplinary procedure before dismissal. Summary dismissal is only justified for gross misconduct, and even then a hearing should be conducted. Wrongful dismissal claims can result in reinstatement or compensation of up to 12 months' wages.

6. Not Providing Leave

Domestic workers are entitled to 22 days annual leave, sick leave, maternity leave, and public holidays. Denying leave entitlements is a violation of both the Labour Act and the NEC.

7. Vague Accommodation Terms for Live-In Workers

If the worker lives in, the contract must clearly state accommodation terms. On termination, you cannot simply lock the worker out — you must give reasonable notice to vacate (typically 1 month). Changing locks or removing belongings without notice is unlawful.

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NSSA Registration for Domestic Workers

Every employer of a domestic worker must register with the National Social Security Authority (NSSA). Here is how:

  1. Visit your nearest NSSA office with your national ID and the worker's national ID
  2. Complete the employer registration form (CF12)
  3. Register the domestic worker as an employee (CF13)
  4. Receive your NSSA employer number
  5. Make monthly contributions (currently split between employer and employee)
  6. Keep contribution records for at least 6 years

NSSA contributions entitle the domestic worker to benefits including injury on duty compensation, maternity pay, and pension. For tax obligations, visit ZimTax.co.zw for PAYE guidance.

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Frequently Asked Questions

What is the minimum wage for domestic workers in Zimbabwe?
The minimum wage is set by the Domestic Workers NEC and is periodically reviewed. Employers must pay at least the gazetted minimum. Check the current NEC rates at the Ministry of Labour. Live-in workers may have a small portion offset for accommodation, but only by written agreement and within NEC limits.
How many hours can a domestic worker work per day?
Under SI 116/2020, a domestic worker may not work more than 10 hours per day including overtime. Normal working hours should not exceed 8 hours per day or 48 hours per week.
Is a written contract required for domestic workers?
Yes. The Labour Act requires all employers to provide a written statement of employment particulars within 30 days of commencement. This applies to domestic workers.
What leave is a domestic worker entitled to?
22 days annual leave (Domestic Workers NEC), 90 days maternity leave for female workers, sick leave per the Labour Act (90 days full pay + 90 days half pay), and all 12 gazetted public holidays.
Can I dismiss a domestic worker without notice?
No. You must give at least one month's written notice or pay in lieu of notice. Summary dismissal is only for gross misconduct, and even then you must follow fair disciplinary procedures.