The Caretaker Contract of Employment is essential for formalizing employment relationships involving caretaking services in Belgium. This document is typically used when engaging individuals for roles involving property maintenance, elderly care, facility management, or similar caretaking responsibilities. It ensures compliance with Belgian employment law, including the Employment Contracts Act of 1978 and specific regulations for domestic workers. The contract addresses unique aspects of caretaking work such as irregular hours, on-call duties, and possible live-in arrangements, while protecting both employer and employee interests. It's particularly relevant for private households, residential facilities, and organizations requiring on-site caretaking services, incorporating necessary provisions for social security, working time regulations, and specific Belgian labor law requirements.
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1. Parties: Identification of the employer and the caretaker employee, including full legal names, addresses, and any relevant registration numbers
2. Background: Context of the employment relationship and brief description of the need for caretaking services
3. Definitions: Key terms used throughout the contract, including 'Premises', 'Care Services', 'Working Hours', etc.
4. Appointment and Term: Terms of employment, start date, and whether the contract is fixed-term or indefinite
5. Duties and Responsibilities: Detailed description of the caretaker's duties, including regular tasks, emergency responses, and reporting obligations
6. Work Location and Hours: Primary workplace, working hours, rest periods, and on-call arrangements
7. Remuneration: Salary, payment schedule, overtime rates, and any additional benefits
8. Leave Entitlement: Annual leave, public holidays, sick leave, and other types of permitted absence
9. Social Security and Insurance: Details of social security contributions, workplace insurance, and other mandatory insurance coverage
10. Health and Safety: Health and safety obligations of both parties, including specific COVID-19 or other relevant protocols
11. Confidentiality: Obligations regarding confidential information about the employer and care recipients
12. Termination: Conditions and procedures for contract termination, notice periods, and immediate termination circumstances
13. Governing Law: Confirmation that the contract is governed by Belgian law and relevant jurisdiction
1. Accommodation: Used when live-in accommodation is provided, detailing the terms of residence and related conditions
2. Medical Requirements: Include when specific medical certifications or health checks are required for the role
3. Vehicle Use: Include when the caretaker needs to use their own or employer's vehicle for duties
4. Performance Reviews: Include when regular performance evaluations are part of the employment relationship
5. Training Requirements: Used when specific training or qualifications must be maintained during employment
6. Replacement Coverage: Include when arrangements for backup care during absence need to be specified
7. Additional Benefits: Used when providing extra benefits like meal allowances, transport allowances, or other perks
8. Non-Compete Clause: Include when restricting the caretaker from working with other clients in specific circumstances
1. Schedule 1: Detailed Job Description: Comprehensive list of duties, responsibilities, and performance expectations
2. Schedule 2: Working Hours Schedule: Detailed breakdown of regular working hours, on-call hours, and rest periods
3. Schedule 3: Remuneration Details: Detailed breakdown of salary components, benefits, and payment arrangements
4. Schedule 4: House Rules and Procedures: If applicable, specific rules and procedures to be followed on the premises
5. Appendix A: Emergency Procedures: Detailed protocols for various emergency situations
6. Appendix B: Required Qualifications: List of mandatory qualifications, certifications, and their renewal requirements
7. Appendix C: Accommodation Details: If applicable, specifications of provided accommodation and related terms
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