How should I set up a permanent contract for my elderly mother's caregiver?

The long answer

As a caregiver is included in the definition of a domestic worker, a contract template for a domestic worker can be downloaded from Labour Guide here. 

Debruynlegal.co points out that since the 2020 Constitutional Court case of Mahlangu v Minister of Labour, domestic workers have the right to claim compensation for injuries on duty. This means that from 20 November 2020, employers have been required to register their domestic workers with the Compensation Commissioner under COIDA (the Compensation for Occupational Injuries and Diseases Act), to ensure that the worker (or dependants) is eligible for compensation in case of injuries, disabilities, or illnesses sustained while on duty.

PGPS Attorneys also point out in this article that you are legally required to register your domestic worker/s for UIF (Unemployment Insurance Fund) and make monthly contributions, which are 1% of the employee’s wage from you and 1% from the employee, to provide relief to employees should they become unemployed.

Additionally, you must give your domestic worker/s written payslips every month. The payslip should include your own and the employees’ details, the applicable rate of remuneration, and ordinary and overtime hours worked. (From 1 March 2024 the minimum wage is R27.58 per hour.)

The PASSOP website also has a detailed list of domestic workers’ rights.

Wishing you the best,
Athalie