Contract Of Employment Domestic Worker Template for the Philippines
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What is a Contract Of Employment Domestic Worker?
The Contract of Employment Domestic Worker is a mandatory legal document in the Philippines, required under Republic Act No. 10361 (Batas Kasambahay) for all domestic employment arrangements. This contract serves as the primary agreement between household employers and domestic workers, establishing their rights and obligations in accordance with Philippine law. It must be executed before the commencement of domestic employment and registered with the local government unit or the Department of Labor and Employment. The document includes essential provisions for wages, working conditions, benefits, and protections as mandated by Philippine legislation, ensuring compliance with national labor standards while protecting both employer and worker interests. This contract type is crucial for formalizing domestic employment relationships and ensuring domestic workers receive their legally mandated rights and benefits.
About the Contract Of Employment Domestic Worker
When hiring domestic help in the Philippines, you need a Contract of Employment Domestic Worker to comply with Republic Act No. 10361, also known as the Batas Kasambahay. This mandatory document formalizes your employment relationship with your domestic worker and ensures both parties understand their rights and obligations under Philippine law.
When do you need this document?
You must execute this contract before your domestic worker begins employment in your household. Whether you're hiring a housekeeper, cook, gardener, driver, or nanny, the Batas Kasambahay requires a written employment contract for all domestic workers aged 15 and above. The contract becomes essential when registering the employment with your local government unit or the Department of Labor and Employment, which must be done within 30 days of hiring. You also need this document when applying for your domestic worker's Social Security System (SSS) and PhilHealth coverage, both mandatory under Philippine law.
Key legal considerations
Your contract must specify the minimum wage as determined by your regional wage board, which cannot be less than the prescribed rate for domestic workers. Include provisions for overtime pay, rest periods, and the mandatory 24-hour continuous rest period per week. The contract should clearly outline meal allowances, accommodation arrangements if your worker lives in your home, and annual service incentive leave of at least five days. Address termination procedures, including the required notice periods and just causes for dismissal as defined in the Labor Code. Include clauses covering your domestic worker's right to form or join organizations and protection from discrimination or harassment.
Legal requirements in Philippines
Under the Batas Kasambahay, your contract must be written in Filipino or English and contain specific mandatory provisions including complete identification of both parties, job description, workplace location, working hours, wages, and benefits. You must register the employment contract with your barangay or municipal local government unit within 30 days of hiring. Ensure your domestic worker receives copies of the contract and understands their rights under the law. The contract must comply with Social Security Law requirements by enrolling your worker in SSS and PhilHealth programs within 30 days of employment. Additionally, workers employed for at least one month are entitled to 13th month pay, and those working more than four years qualify for separation pay upon termination. Your contract should also reference the worker's right to educational opportunities and skills development as supported by the Technical Education and Skills Development Authority.
GOVERNING LAW
Applicable law
This Contract Of Employment Domestic Worker is drafted to comply with Philippines law. Key legislation includes:
Labor Code of the Philippines (Presidential Decree No. 442): The fundamental labor law that provides the general framework for employment relationships, including basic rights and conditions of employment
Republic Act No. 8282 (Social Security Law): Mandates Social Security System (SSS) coverage for domestic workers, ensuring their access to social security benefits
Republic Act No. 7875 (National Health Insurance Act): Requires PhilHealth coverage for domestic workers, providing them with access to healthcare benefits
Republic Act No. 9679 (Home Development Mutual Fund Law): Covers Pag-IBIG Fund membership for domestic workers, providing access to housing loans and other benefits
Department Order No. 115-A: DOLE guidelines on the employment of domestic workers, providing specific rules for implementing the Domestic Workers Act
Republic Act No. 11058: Occupational Safety and Health Standards law that includes provisions for ensuring the safety and health of domestic workers in their workplace
Commonwealth Act No. 613 (Philippine Immigration Act): Relevant if hiring foreign domestic workers, covering immigration requirements and work permits
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