Can I put a domestic worker on probation, and for how long?
Short answer
Yes, you can put a domestic worker on probation, but the BCEA and LRA set no fixed statutory length — it must simply be reasonable for the job, commonly one to three months. Probation lets you assess suitability and give guidance and support before confirming the appointment. Important: probation does not remove the worker's rights. They still get the minimum wage, a contract, a payslip, UIF and leave, and they cannot be dismissed unfairly — you still need a fair reason and a fair process, even during probation.
Probation is allowed — within reason
There is no law fixing a probation length for domestic workers. The principle is that the period must be reasonable for the nature of the work; for household work, one to three months is typical and easily defensible. Set the probation period out clearly in the written contract so both sides know where they stand.
What probation does and doesn't change
Probation is a structured assessment period — a chance to evaluate the worker, give feedback, and provide training or support where needed. It does NOT lower their pay (the minimum wage applies from day one), remove their right to a contract, payslip, UIF or leave, or let you dismiss them at will. The full set of employment rights applies throughout probation.
Dismissing during or at the end of probation
Even on probation, a dismissal must be fair. The LRA's standard is lower during probation — you need to have given reasonable guidance, evaluation and an opportunity to improve, and you can act if the worker is genuinely unsuitable — but you cannot simply end the job without a fair reason and a fair (if lighter) process. Document the assessment and any feedback you gave. Compliance tool, not legal advice.
Frequently asked questions
How long can probation be for a domestic worker?
There's no fixed statutory length — it must be reasonable for the job. One to three months is typical for household work. Set it out in the contract.
Can I pay less during probation?
No. The minimum wage of R30.23/hour and all other rights (contract, payslip, UIF, leave) apply from day one, including during probation.
Can I dismiss a worker on probation without a process?
No. Dismissal must still be fair. The standard is lighter during probation, but you must have given reasonable guidance and an opportunity to improve, and have a fair reason.
Dignita is a compliance tool, not legal advice. Figures are based on current South African legislation; confirm with a labour-law professional for your situation.