Domestic Work Contract

A Domestic Work Agreement also known as a Kasambahay Contract, is an agreement whereby an individual called a domestic worker will perform household work in favor of the employer (who should also be an individual person).

This document lays down the terms and conditions of the agreement between the domestic worker and the employer, including the duties and responsibilities of the domestic worker and the wages and other benefits that will be provided by the employer.

It must be noted that a domestic worker should only perform household work such as the following:

• general househelp,
• nanny, maid, cook,
• gardener, or
• laundry work

Further, the domestic worker should not perform commercial, agricultural, or industrial work, otherwise, the domestic worker should be paid the minimum wage for commercial, agricultural, or industrial work (which is PHP 610 per day contrary to the minimum monthly wage for domestic workers which is PHP 6,000.00 to PHP 6,500.00 per month depending on the place of work). Examples of commercial, agricultural, or industrial work are construction work, driving work, office work, etc.

Further, a domestic worker should be given a combined rest period of 8 hours per day and at least an uninterrupted 24-hour rest period for every week.

This document is specifically applicable to domestic work employment. For other types of employment (commercial, agricultural, or industrial work) then an Employment Contract should be used.

How to use this document

The following information should be provided if applicable to complete the document:

• Information concerning the identity of the employer and the domestic worker,
• The duties and responsibilities of the domestic worker if these will be specified,
• The location where the domestic work will be performed,
• The wages for the domestic work rendered,
• The benefits that will be provided by the employer,
• An option to provide for the payment of deployment expenses, and
• The term or duration of the agreement.

If the document will be acknowledged, the parties should present themselves before a notary public with at least 3 original copies of the document and their attachments. The parties should also bring a competent form of identification, such as a passport or driver's license. The notary public will keep one original copy of the document. Both parties should each keep an original copy of the document for their records.

If the document will not be notarized, 2 original copies may be printed and signed by the parties and one original copy should be kept by each of them.

Applicable law

Domestic Work Contracts are governed by the Kasambahay Law, other labor laws, and the Civil Code of the Philippines. The 2004 Rules on Notarial Practice is also applicable if the document will be acknowledged before a notary public.

How to modify the template

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