Domestic Work Contract - Template, Sample Form Pro · PH-law
✓ Valid in Philippines · drafted to comply with local law
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KASAMBAHAY EMPLOYMENT CONTRACT
(Domestic Work Agreement under Republic Act No. 10361, the “Domestic Workers Act” or “Batas Kasambahay”)
This Kasambahay Employment Contract (the “Contract”) is made and entered into this ________ day of ________, in the City/Municipality of ________, Province of ________, Republic of the Philippines, by and between:
________, Filipino, of legal age, born on ________, holder of Government-Issued Identification No. ________, and with address at ________, hereinafter referred to as the “Kasambahay” or “Domestic Worker”;
- and -
________, Filipino, of legal age, holder of Government-Issued Identification No. ________, and with address at ________, hereinafter referred to as the “Employer”.
The Kasambahay and the Employer are hereinafter referred to individually as a “Party” and collectively as the “Parties”.
WITNESSETH:
WHEREAS, the Employer desires to engage the services of the Kasambahay for domestic work within the Employer’s household; and
WHEREAS, the Parties intend to set out the terms and conditions of employment in accordance with Republic Act No. 10361 (the “Domestic Workers Act” or “Batas Kasambahay”), its Implementing Rules and Regulations, and other applicable laws of the Republic of the Philippines;
NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the Parties hereby agree as follows:
Art. I. DEFINITION AND SCOPE
§ 1.1. The Kasambahay refers to a person engaged in domestic work within an employment relationship, in accordance with Section 4 of Republic Act No. 10361.
§ 1.2. Domestic work refers to work performed in or for a household or households, which shall not include work that involves commercial, industrial, or agricultural enterprises or undertakings.
Art. II. TERM OF THE CONTRACT
§ 2.1. The employment shall commence on ________ and shall continue unless and until terminated in accordance with this Contract and applicable law.
§ 2.2. The first ________ of employment shall constitute a probationary period, during which either Party may terminate the employment in accordance with Section 33 of Republic Act No. 10361.
Art. III. PLACE OF WORK AND LIVING ARRANGEMENT
§ 3.1. The Kasambahay shall perform the domestic work at the following location (the “Location”): ________.
§ 3.2. The arrangement of the Kasambahay shall be: ________ (whether live-in or live-out).
§ 3.3. Should the Kasambahay be a live-in arrangement, the Employer shall provide free lodging, food, and medical attendance in accordance with Section 19 of Republic Act No. 10361, with a separate room if feasible and a safe and humane sleeping arrangement that ensures privacy.
§ 3.4. The Kasambahay shall not be required to perform work involving commercial, industrial, or agricultural activities.
Art. IV. DUTIES AND OBLIGATIONS OF THE KASAMBAHAY
§ 4.1. The Kasambahay shall perform domestic work at the Location including but not limited to the following tasks:
________
§ 4.2. The Kasambahay shall render service with honesty, diligence, and faithfulness, and shall observe due care in the performance of the assigned tasks.
Art. V. HOURS OF WORK AND REST PERIODS
§ 5.1. Working Hours. The Kasambahay shall ordinarily render service commencing at ________ and ending at ________.
§ 5.2. Daily Rest Period. The Kasambahay shall be entitled to an aggregate daily rest period of eight (8) hours per day, pursuant to Section 20 of Republic Act No. 10361.
§ 5.3. Weekly Rest Day. The Kasambahay shall be entitled to at least twenty-four (24) consecutive hours of weekly rest, which shall be on Sunday, pursuant to Section 21 of Republic Act No. 10361. The Parties may agree in writing on the accumulation, offsetting, or swapping of the rest day.
Art. VI. WAGES
§ 6.1. The Kasambahay shall be paid a monthly wage of ________ (₱________) (the “Wages”), which shall not be less than the minimum wage prescribed under Republic Act No. 10361 and applicable Wage Orders.
§ 6.2. The Wages shall be reviewed periodically for purposes of adjustment in accordance with Section 26 of Republic Act No. 10361.
§ 6.3. No deductions from the Wages shall be made except for those authorized by law or with the written consent of the Kasambahay, and no employer shall require the Kasambahay to make deposits for loss or damage, except as allowed under Section 14 of Republic Act No. 10361.
§ 6.4. The Kasambahay shall be entitled to a thirteenth (13th) month pay in accordance with Presidential Decree No. 851, provided the Kasambahay has rendered at least one (1) month of service.
Art. VII. PAYMENT OF WAGES
§ 7.1. The Wages shall be paid directly to the Kasambahay in cash at least once a month, free of any charge, in accordance with Section 25 of Republic Act No. 10361, on the following payday: ________.
§ 7.2. At the option of the Kasambahay, the Wages may be paid by deposit into the following account:
Account number: ________
Account name: ________
Bank/E-wallet: ________
§ 7.3. The Employer shall, upon request, issue to the Kasambahay a payslip or statement reflecting the Wages paid and any deductions made.
Art. VIII. LEAVE BENEFITS
§ 8.1. After at least one (1) year of service, the Kasambahay shall be entitled to an annual service incentive leave of five (5) days with pay, pursuant to Section 29 of Republic Act No. 10361. Any unused portion of the service incentive leave shall not be cumulative or carried over to the succeeding years and shall not be convertible to cash unless otherwise agreed.
§ 8.2. In addition to the foregoing, the Kasambahay shall be entitled to the following benefits: ________.
Art. IX. SOCIAL AND OTHER MANDATED BENEFITS
§ 9.1. The Employer shall register and enroll the Kasambahay with, and pay the premiums and contributions to, the Social Security System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home Development Mutual Fund (Pag-IBIG Fund), in accordance with Sections 30 and 31 of Republic Act No. 10361 and their respective charters.
§ 9.2. Where the Kasambahay receives a monthly wage of less than Five Thousand Pesos (₱5,000.00), the Employer shall shoulder the entire premium or contribution due. Where the monthly wage is Five Thousand Pesos (₱5,000.00) or more, the share of the Kasambahay in the premium or contribution may be deducted from the Wages, provided that the Employer shall not deduct more than the proportionate share of the Kasambahay.
Art. X. STANDARD OF TREATMENT AND PROHIBITIONS
§ 10.1. The Employer shall treat the Kasambahay in a just and humane manner, and in no case shall the Kasambahay be subjected to physical violence, harassment, intimidation, or any act tending to degrade the dignity of the Kasambahay, in accordance with Section 5 of Republic Act No. 10361.
§ 10.2. The Employer shall not interfere with the Kasambahay’s personal communication, nor confiscate or withhold the Kasambahay’s personal property, identity documents, or travel documents.
§ 10.3. The Employer shall afford the Kasambahay the opportunity to finish basic education and may allow access to alternative learning systems, in accordance with Section 9 of Republic Act No. 10361.
§ 10.4. The employment of children below fifteen (15) years of age as Kasambahay is strictly prohibited.
Art. XI. DEPLOYMENT EXPENSES
§ 11.1. The Employer shall shoulder the deployment expenses incurred by the Kasambahay, which may include but are not limited to the cost of transportation of the Kasambahay from the place of origin to the Location, where applicable, and other expenses relative thereto.
Art. XII. TERMINATION OF EMPLOYMENT
§ 12.3. Termination Without Just Cause. If the Kasambahay is unjustly dismissed, the Kasambahay shall be paid the compensation already earned plus the equivalent of fifteen (15) days’ work by way of indemnity. If the Kasambahay leaves without justifiable reason, any unpaid salary due not exceeding the equivalent of fifteen (15) days’ work shall be forfeited, pursuant to Section 32 of Republic Act No. 10361.
§ 12.4. Upon termination of employment, the Employer shall issue to the Kasambahay, within five (5) days from request, a Certificate of Employment indicating the nature and duration of service and the efficiency and conduct of the Kasambahay, pursuant to Section 35 of Republic Act No. 10361.
Art. XIII. RESIGNATION
§ 13.1. The Kasambahay may resign without serving any prior notice for any of the just causes provided in § 12.1 hereof. In the absence of such just cause, the Kasambahay shall give the Employer prior notice of at least five (5) days, in accordance with Section 32 of Republic Act No. 10361, before the effective date of resignation.
Art. XIV. CONFIDENTIALITY
§ 14.1. The Kasambahay shall not disclose any private or confidential information pertaining to the Employer, the members of the Employer’s household, or the affairs of the Employer acquired during the term of this Contract, in accordance with the privacy guarantees under Section 7 of Republic Act No. 10361.
§ 14.2. This obligation of confidentiality shall continue to remain in effect even after the termination or expiration of this Contract.
§ 14.3. The Employer shall likewise respect the privacy of the Kasambahay and shall handle any personal data of the Kasambahay in accordance with Republic Act No. 10173, the Data Privacy Act of 2012, and its Implementing Rules and Regulations.
Art. XV. SETTLEMENT OF DISPUTES
§ 15.1. All labor-related disputes arising from this Contract shall first be referred for conciliation and mediation before the Department of Labor and Employment (DOLE) pursuant to Section 37 of Republic Act No. 10361. Should the dispute remain unresolved, the same shall be referred to the appropriate office of the National Labor Relations Commission (NLRC).
Art. XVI. NOTICES
§ 16.1. All notices and communications required or permitted under this Contract may be given orally or in writing, and may be transmitted through the contact details of the Parties as follows:
1. Kasambahay: ________, ________
2. Employer: ________, ________
Art. XVII. APPLICABLE LAW AND VENUE
§ 17.1. This Contract shall be governed by and construed in accordance with the laws of the Republic of the Philippines, particularly Republic Act No. 10361 and its Implementing Rules and Regulations.
§ 17.2. Without prejudice to the mandatory recourse to DOLE and the NLRC as provided in Art. XV, the Parties agree that the proper courts of ________ shall have venue over any action permitted to be brought before the regular courts.
Art. XVIII. SEPARABILITY
§ 18.1. Should any provision of this Contract be declared invalid or unenforceable, the remaining provisions shall continue in full force and effect, and any term more favorable to the Kasambahay under existing law shall prevail.
Art. XIX. ENTIRETY OF AGREEMENT
§ 19.1. This Contract constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations, and agreements, whether oral or written, provided that no provision hereof shall be construed to diminish the benefits and protections guaranteed to the Kasambahay under Republic Act No. 10361 and other applicable laws.
Art. XX. AMENDMENTS AND MODIFICATIONS
§ 20.1. This Contract may be amended or modified only by a written instrument signed and agreed upon by both Parties.
IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures on the date and place first above written.
________
Kasambahay (Domestic Worker)
________
Employer
Signed in the presence of:
________ ________
Witness Witness
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ________ ) S.S.
BEFORE ME, a Notary Public for and in the above jurisdiction, this ________ day of ________, personally appeared the following persons exhibiting to me their competent evidence of identity:
Kasambahay: ________, with Identification No. ________;
Employer: ________, with Identification No. ________;
known to me and to me known to be the same persons who executed the foregoing Kasambahay Employment Contract, and they acknowledged to me that the same is their free and voluntary act and deed.
WITNESS MY HAND AND SEAL on the date and place above written.
________
Notary Public
Doc. No. ________;
Page No. ________;
Book No. ________;
Series of ________.
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