Domestic Worker Recruitment Agreement - Template Form Pro · PH-law

DOMESTIC WORKER RECRUITMENT AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Domestic Worker Recruitment Agreement (the "Agreement") is made and entered into this ________ day of ________, 20________, at the City/Municipality of ________, Province of ________, by and between:

________, a stock corporation duly organized and validly existing under and by virtue of the laws of the Philippines, duly licensed by the Department of Migrant Workers and/or the Department of Labor and Employment to engage in the recruitment and placement of domestic workers, with License No. ________ and Taxpayer Identification No. ________, with principal address at ________, represented in this act by its ________, ________, hereinafter referred to as the "Recruiter";

- and -

________, Filipino, of legal age, with residence and postal address at ________, hereinafter referred to as the "Client".

The Recruiter and the Client shall be referred to individually as a "Party" and collectively as the "Parties".

WITNESSETH: That —

WHEREAS, the Recruiter is a duly licensed private recruitment and placement agency authorized to recruit and refer domestic workers for local employment in accordance with Republic Act No. 10361 (the "Domestic Workers Act" or "Batas Kasambahay"), Republic Act No. 11641, and the Labor Code of the Philippines, as amended, together with their implementing rules and regulations;

WHEREAS, the Client wishes to retain the services of the Recruiter to source and refer a qualified domestic worker for engagement under the terms set forth herein;

WHEREAS, the Recruiter has the skills, qualifications, license, and expertise required to render such Domestic Worker Recruitment Services to the Client and is willing to do so;

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. DOMESTIC WORKER RECRUITMENT SERVICES

§ 1.01. The Recruiter shall render Domestic Worker Recruitment Services (the "Services") in favor of the Client to source and refer a prospective domestic worker ("Potential Domestic Worker") for engagement. The Potential Domestic Worker must possess the following specifications and qualifications:

1. Be at least eighteen (18) years of age, consistent with Section 16 of Republic Act No. 10361;

2. Have completed at least the elementary level of education;

3. Be able to prepare and cook meals;

4. Be able to perform laundry work;

5. Be able to perform gardening work;

6. Be able to perform basic cleaning and household chores;

7. Be able to perform child-minding or to care for children; and

8. Be able to perform the following additional chores and duties:

________

§ 1.02. The Recruiter shall provide a Potential Domestic Worker to the Client based on the specifications provided by the Client. Nothing herein shall authorize the recruitment or referral of any person below eighteen (18) years of age, and any such arrangement shall be void.

Art. II. PERFORMANCE

§ 2.01. The performance of the Services shall require the use of the Recruiter's own knowledge, skill, expertise, and experience to search for, screen, and refer Potential Domestic Workers. In particular, the Recruiter agrees to:

1. Conduct initial interviews to pre-screen Potential Domestic Workers;

2. Determine the fitness, capability, and voluntary consent of the Potential Domestic Worker to be engaged as a domestic worker;

3. Undertake such other lawful verification activities as may be agreed upon, including background checks such as obtaining NBI Clearances or Barangay Clearances, subject to the consent of the data subject and Republic Act No. 10173 (the "Data Privacy Act of 2012");

4. Be responsible for the examination of the health and physical well-being of the Potential Domestic Worker to determine fitness to work;

5. Be responsible for the drug screening of the Potential Domestic Worker, where lawfully required;

6. Obtain the necessary identification of the Potential Domestic Worker, including but not limited to birth certificate, baptismal certificate, National ID, Social Security System (SSS) number, Pag-IBIG number, PhilHealth number, or other acceptable government-issued identification;

7. Be responsible for the preparation, drafting, and facilitation of the terms and conditions of the employment between the Potential Domestic Worker and the Client, in a form consistent with the standard Employment Contract (Kontrata sa Paglilingkod) prescribed under Republic Act No. 10361; and

8. Determine the appropriate wages of the Potential Domestic Worker, which shall in no case be less than the applicable minimum wage for domestic workers prescribed by the Regional Tripartite Wages and Productivity Board for the area of employment, to be paid by the Client to the domestic worker.

§ 2.02. The Services shall be performed personally by the Recruiter through its duly authorized officers and personnel.

Art. III. OBLIGATIONS OF THE RECRUITER TO THE DOMESTIC WORKER

§ 3.01. The Recruiter shall uphold the rights and take into consideration the welfare of domestic workers consistent with Republic Act No. 10361. In particular, the Recruiter agrees to:

1. Assume the primary responsibility of ensuring the well-being of the Potential Domestic Worker from the time of interview and engagement up to deployment to the Client's premises;

2. Assist the domestic worker in the event grievances or complaints are raised or filed; and

3. Ensure that the domestic worker shall not be charged, directly or indirectly, with any placement, recruitment, or deployment fees or expenses, in accordance with Section 12 of Republic Act No. 10361.

Art. IV. QUALITY OF SERVICES

§ 4.01. In performing the Services, the Recruiter shall:

1. Exercise the reasonable care, skill, and diligence expected of a duly licensed recruitment agency; and

2. Ensure that the performance of the Services will not infringe upon or violate the intellectual property rights or any other rights of a third party.

§ 4.02. The Recruiter shall not be liable for the Client's failure to retain the engagement of the Potential Domestic Worker. Fees that are due and demandable shall remain payable notwithstanding the subsequent termination of the engagement of the Potential Domestic Worker, except where such termination arises from the Recruiter's breach of warranty under Art. XII.

Art. V. PERIOD

§ 5.01. The Recruiter shall begin the work on the Services on ________ (the "Commencement Date") and shall complete the same on ________ (the "Completion Date").

Art. VI. KEY DATES

§ 6.01. The Recruiter must meet the following deadlines (the "Key Dates"):

________

Art. VII. LOCATION

§ 7.01. The Recruiter shall perform the Services at the following location:

________

Art. VIII. SERVICE FEES

§ 8.01. The Client shall pay a fixed fee of ________ Pesos (₱________) (the "Service Fee") for the Services, plus value-added tax and other taxes as may be applicable. It is expressly understood that no part of the Service Fee shall be charged to or recovered from the domestic worker.

Art. IX. PAYMENT

§ 9.01. The Recruiter shall be entitled to issue an invoice every ________.

§ 9.02. The Client shall pay the Recruiter's invoice within ________ days from the date of receipt thereof.

§ 9.03. The Client may settle the invoice through the following mode of payment:

________

Art. X. DEPLOYMENT EXPENSES

§ 10.01. The Recruiter may charge the Client, on top of the Service Fee, all reasonable and necessary costs and expenses incurred in performing the Services, including but not limited to deployment expenses to enable the Potential Domestic Worker to travel from the place of origin to the place of work, communication costs, and the cost of meals, subject to the prior agreement of the Client. In no case shall any of such expenses be charged to or deducted from the wages of the domestic worker.

Art. XI. LATE PAYMENTS

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Art. XII. WARRANTIES

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Art. XIII. OBLIGATIONS OF THE CLIENT

§ 13.01. The Client shall cooperate with the Recruiter and provide such information, specifications, and assistance as may reasonably be required to enable the proper performance of the Services. In particular, the Client shall:

1. Provide the Recruiter with accurate and complete details of the qualifications, specifications, and requirements for the Potential Domestic Worker sought to be engaged;

2. Pay the Service Fee and any other amounts due to the Recruiter in accordance with this Agreement; and

3. Upon the deployment and engagement of the domestic worker, comply with all applicable laws, rules, and regulations governing the employment of domestic workers, including but not limited to Republic Act No. 10361, and shall execute the prescribed Employment Contract, enroll the domestic worker in the SSS, PhilHealth, and Pag-IBIG, and observe the rights and ensure the welfare of the domestic worker.

Art. XIV. TIME FOR PERFORMANCE

§ 14.01. Time shall be of the essence in the performance by the Recruiter of its obligations under this Agreement. Any dates, periods, or times for performance specified herein are to be met, and failure to do so shall constitute a breach of this Agreement by the Recruiter, subject to the provisions on Force Majeure.

Art. XV. CONFIDENTIALITY AND DATA PRIVACY

§ 15.01. Each Party acknowledges that it possesses certain non-public Confidential Information regarding its business operations, development, and personal circumstances. The Parties agree that such Confidential Information is secret and valuable and shall be kept private. "Receiving Party" refers to the Party receiving the Confidential Information, and "Disclosing Party" refers to the Party disclosing it.

§ 15.02. Confidential Information may or may not be disclosed as such through labeling, but shall be considered any information which ought to be treated as confidential under the circumstances of its disclosure.

§ 15.03. Confidential Information shall not include any information which:

1. Is known or available to the public at the time of disclosure, or becomes so thereafter through no fault of the Receiving Party;

2. Is already known, through legal means, by the Receiving Party;

3. Is given by the Disclosing Party to third parties, other than the Receiving Party, without restriction;

4. Is given to the Receiving Party by a third party who legally possessed the information and had the right to disclose it; or

5. Is independently developed by the Receiving Party, as it can demonstrate.

§ 15.04. Both Parties agree that they shall not: (1) disclose to any third party that they possess such Confidential Information; (2) disclose the Confidential Information through unauthorized means; (3) copy or reproduce the Confidential Information except as required by this Agreement; or (4) use the Confidential Information for any purpose except those contemplated herein or expressly authorized by the Disclosing Party.

§ 15.05. The Parties shall process all personal data obtained in the course of the Services strictly in accordance with Republic Act No. 10173 (the "Data Privacy Act of 2012"), its Implementing Rules and Regulations, and the issuances of the National Privacy Commission, and shall implement reasonable and appropriate organizational, physical, and technical security measures to protect such personal data against unauthorized processing.

§ 15.06. Upon termination of this Agreement, the Disclosing Party may demand the return of all documents and materials containing its Confidential Information within one (1) month from completion of the Services or upon written request enumerating the items to be returned. The Receiving Party shall certify in writing that no copy thereof has been retained.

Art. XVI. LIMITATION OF LIABILITY

§ 16.01. Save in cases of fraud, bad faith, gross negligence, or death or personal injury caused by a Party's acts or negligence, each Party's aggregate liability arising out of or in connection with this Agreement shall be limited to the total fees paid by the Client to the Recruiter under this Agreement.

§ 16.02. To the extent permitted by law, and unless otherwise provided herein, neither Party shall be liable to the other for any indirect or consequential loss, damage, costs, or expenses, including economic loss, data loss, loss of goodwill, or loss of turnover, profits, or business.

Art. XVII. INDEMNITY

§ 17.01. Except for any settlement payment from any applicable insurance policy, and to the extent permitted by law, each Party (the "Indemnifying Party") hereby indemnifies and holds harmless the other Party, together with the latter's employees, agents, officers, representatives, affiliates, and permitted successors and assigns, against any and all demands, claims, losses, damages, liabilities, penalties, expenses, and reasonable legal costs arising out of:

1. Any act or omission of the Indemnifying Party in connection with this Agreement;

2. Any act or omission of the Indemnifying Party's employees, agents, officers, representatives, affiliates, or permitted successors and assigns in connection with this Agreement;

3. The Services or anything provided under this Agreement; and

4. The relationship between the Recruiter and the Client.

§ 17.02. The Indemnifying Party shall not be liable under this indemnity where a court of competent jurisdiction, by final judgment, holds that the loss, damage, or liability resulted from the gross negligence, willful misconduct, or bad faith of the other Party or its employees, agents, officers, representatives, affiliates, or permitted successors or assigns.

Art. XVIII. TERMINATION

§ 18.01. This Agreement may be terminated as follows:

1. By either Party upon written notice:

A. If the other Party commits a material breach not capable of remedy within fifteen (15) days;

B. If the other Party commits a material breach and fails to remedy the same within fifteen (15) days after written request;

C. If the other Party becomes unable to perform its duties hereunder, including the duty to pay or to perform; or

D. If the other Party or its employees or agents engage in conduct prejudicial to the business of the other, or where a conflict or potential conflict of interest arises between the Parties.

2. By the Recruiter, immediately upon written notice and without a notice period, if the Client fails to pay any requisite fees.

3. Upon termination before the expiration of its natural term:

A. The Client shall pay for all Services rendered up to the date of termination, and for all expenditures due after termination for commitments reasonably made and incurred by the Recruiter prior to termination; and

B. The Recruiter may enter the location(s) where the Services were undertaken strictly to recover any materials and/or equipment which are its property.

§ 18.02. Termination shall not affect the accrued rights or liabilities of either Party under this Agreement or at law, and shall be without prejudice to any rights or remedies either Party may be entitled to. Any provision intended to survive termination shall remain in force.

Art. XIX. RELATIONSHIP OF THE PARTIES

§ 19.01. Nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency, or employment relationship between the Parties. This Agreement is for the sole and express purpose of the performance of the Services by the Recruiter for the Client under the terms herein.

Art. XX. FORCE MAJEURE

§ 20.01. Neither Party shall be liable to the other for failure to perform due to fortuitous events or causes beyond its reasonable control, including but not limited to acts of God, acts of civil or military authorities, riots, embargoes, natural calamities, epidemics, and other events which, though foreseen, could not be reasonably avoided, consistent with Article 1174 of the Civil Code of the Philippines.

Art. XXI. ASSIGNMENT

§ 21.01. This Agreement, and the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred, in whole or in part, by either Party without the prior written consent of the other.

Art. XXII. SUPPORTING DOCUMENTS AND ADDITIONAL ACTS

§ 22.01. The Parties agree to execute such other documents as are reasonable and necessary for the proper implementation of this Agreement.

Art. XXIII. APPLICABLE LAW

§ 23.01. This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

Art. XXIV. WAIVER

§ 24.01. The failure of either Party to insist upon strict performance of any term hereof, in one or more instances, shall not be construed as an abandonment, cancellation, or waiver of such term. No waiver shall be valid unless expressed in writing and signed by the waiving Party. No waiver of any term shall constitute a waiver of any other term or of the same term on a future occasion.

Art. XXV. COUNTERPARTS

§ 25.01. This Agreement may be executed in counterparts, all of which together shall constitute a single agreement. Where the signature dates differ, the Agreement shall be effective as of the date both Parties have signed.

Art. XXVI. SEVERABILITY

§ 26.01. The invalidity of any provision of this Agreement shall not affect the validity of the remaining provisions, which shall remain in full force and effect as if executed subsequent to the removal of the invalid provision.

Art. XXVII. CUMULATIVE RIGHTS

§ 27.01. The rights of the Parties under this Agreement and the law are cumulative and shall not be construed as exclusive unless otherwise required by law.

Art. XXVIII. HEADINGS

§ 28.01. Headings are for convenience only and do not affect the interpretation of this Agreement.

Art. XXIX. VENUE OF ACTION

§ 29.01. Any action arising out of or in connection with this Agreement shall be brought exclusively before the competent courts of ________, to the exclusion of all other venues, without prejudice to the mandatory dispute-resolution mechanisms applicable to domestic-worker complaints under Republic Act No. 10361.

Art. XXX. ENTIRETY OF AGREEMENT

§ 30.01. This Agreement represents the entire agreement between the Recruiter and the Client and supersedes all prior negotiations, representations, and agreements, whether oral or written.

Art. XXXI. AMENDMENTS AND MODIFICATIONS

§ 31.01. This Agreement may be amended 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.

________
Recruiter

By:

________
Authorized Representative

________
Client

Signed in the presence of:

________       ________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )
PROVINCE OF ________ )
CITY OR MUNICIPALITY OF ________ ) S.S.

BEFORE ME, a Notary Public for and in the City or Municipality of ________, this ________ day of ________, 20________, personally appeared the following persons:

1. ________, as the duly authorized representative of ________, with competent proof of identification: Driver's License with number ________ which expires on ________; and

2. ________, with competent proof of identification: Driver's License with number ________ which expires on ________;

all known to me and to me known to be the same persons who executed the foregoing Domestic Worker Recruitment Agreement consisting of ________ pages, including this page on which this Acknowledgement is written, and they acknowledged to me that the same is their free and voluntary act and deed and that of the entity they respectively represent.

WITNESS MY HAND AND SEAL on the day, year, and place first above written.

________
Notary Public

Doc. No. ________;
Page No. ________;
Book No. ________;
Series of ________.