Housekeeping Contract Template for the Philippines
Generate a bespoke document
What is a Housekeeping Contract?
The Housekeeping Contract is an essential legal document used in the Philippines to formalize the employment relationship between employers and domestic workers. This contract type is specifically designed to comply with the Kasambahay Law (RA 10361) and other relevant Philippine labor regulations. It is used when hiring household workers, whether through direct employment or through domestic staffing agencies. The document contains comprehensive provisions covering employment terms, compensation, benefits, working conditions, and legal obligations of both parties. It's particularly important as it helps ensure compliance with mandatory requirements such as minimum wage, social security registration, health insurance coverage, and proper documentation of the employment relationship. The contract can be used by individual employers, families, or organizations requiring domestic staff services, and it includes safeguards to protect both employer and worker interests while maintaining alignment with Philippine employment laws.
Frequently Asked Questions
Is a housekeeping contract legally required in the Philippines?
Yes, under Republic Act No. 10361 (Kasambahay Law), employers must provide a written employment contract to domestic workers. The contract must specify terms of employment, compensation, benefits, and working conditions. Failure to provide a written contract may result in penalties and presumption that the kasambahay is a regular employee.
How much should I pay my kasambahay according to Philippine law?
Under RA 10361, domestic workers must receive at least the regional minimum wage for kasambahay, which varies by region. As of recent updates, Metro Manila's minimum is around PHP 5,000-6,000 monthly. The contract must specify the exact salary, payment schedule, and any additional benefits like overtime pay and holiday compensation.
Can I terminate my kasambahay without a written contract in the Philippines?
Without a written contract, termination becomes legally complicated under the Kasambahay Law. The absence of a contract may lead to presumption of regular employment status, requiring just cause for dismissal and proper notice periods. This could result in separation pay obligations and potential labor disputes.
How is a kasambahay contract different from a regular employment contract in the Philippines?
Kasambahay contracts are governed specifically by RA 10361, not just the general Labor Code. They have unique provisions for live-in arrangements, different working hour regulations, special leave entitlements, and specific termination procedures. Regular employment contracts follow standard Labor Code provisions without these household-specific protections.
How long does it take to prepare a housekeeping contract in the Philippines?
A basic housekeeping contract can be prepared in 1-2 hours using a template, but proper customization and legal review may take 1-2 days. The process involves gathering employment details, understanding local wage requirements, and ensuring compliance with both Kasambahay Law and regional labor regulations.
What are the most common mistakes in Philippine kasambahay contracts?
Common mistakes include failing to specify exact working hours and rest periods, omitting mandatory SSS and health insurance coverage, unclear termination procedures, and not including required leave entitlements. Many employers also forget to specify overtime rates and holiday pay, which are mandatory under the Kasambahay Law.
Can my kasambahay live in my house without a written contract in the Philippines?
While physically possible, having a live-in kasambahay without a written contract violates the Kasambahay Law and creates significant legal risks. The law requires written contracts specifying living arrangements, privacy rights, and household rules. Without proper documentation, you may face labor complaints and penalties from DOLE.
About the Housekeeping Contract
A Housekeeping Contract is your legal foundation for employing domestic workers in the Philippines. This document formalizes the employment relationship between you as the employer and your housekeeper, ensuring compliance with Philippine labor laws while protecting both parties' rights and interests.
When do you need this document?
You need a Housekeeping Contract whenever you hire domestic help in the Philippines, whether it's a live-in housekeeper, daily cleaning staff, or part-time domestic worker. This includes situations where you're hiring through an employment agency or directly recruiting workers. The contract is mandatory under the Kasambahay Law for all household employment arrangements, regardless of the worker's salary or working hours. You'll also need this document when registering your domestic worker for social security benefits and health insurance, as these agencies require proof of formal employment.
Key legal considerations
Your Housekeeping Contract must clearly define the scope of services, working hours, and rest periods to prevent disputes. Include specific details about compensation, including basic salary, overtime rates, and mandatory benefits like 13th month pay and service incentive leave. The contract should address living arrangements if the worker is live-in, specifying accommodation standards and privacy rights. Termination clauses are crucial—outline grounds for dismissal, notice periods, and separation pay requirements. Consider including confidentiality provisions to protect your family's privacy and clauses covering the worker's access to your home and belongings.
Legal requirements in Philippines
Under the Kasambahay Law (RA 10361), your contract must comply with minimum wage requirements, which vary by region but cannot be less than PHP 5,000 monthly in most areas. You're required to register your domestic worker with the Social Security System (SSS) within 30 days of employment and provide PhilHealth coverage under RA 7875. The contract must specify that working hours cannot exceed 8 hours daily, with mandatory rest periods and one day off per week. You must also include provisions for annual service incentive leave of at least 5 days and 13th month pay equivalent to one-twelfth of the worker's total basic salary. The Civil Code requires that all contract terms be clear and not contrary to law, morals, or public policy, ensuring the agreement is enforceable and protects both parties' rights.
GOVERNING LAW
Applicable law
This Housekeeping Contract is drafted to comply with Philippines law. Key legislation includes:
Labor Code of the Philippines (Presidential Decree No. 442): Provides the general framework for employment relationships, including provisions on working hours, wages, and employment standards
Republic Act No. 8282 (Social Security Law): Mandates social security coverage for domestic workers, including contribution requirements and benefits
Republic Act No. 7875 (National Health Insurance Act): Requires PhilHealth coverage for domestic workers, ensuring access to health insurance benefits
Civil Code of the Philippines: Governs the general principles of contracts and obligations, including formation, validity, and enforcement of employment contracts
Republic Act No. 11058 (Occupational Safety and Health Standards): Sets standards for workplace safety and health, including provisions applicable to household workplaces
Republic Act No. 9231: Provides special protection for child workers, including restrictions on employing minors as domestic workers
Explore 208,390+ legal templates
Explore 208,390+ legal templates
Genie's Security Promise
Genie is the safest place to draft. Here's how we prioritise your privacy and security.
Your data is private:
We do not train on your data; Genie's AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it