Service Contract Template - Domestic Worker

Many people have Domestic Worker and every one says that you should have a written contract with them but most of time we ignore that mainly because of the reason who will draft the contract, will we miss something etc. Following contract is drafted by me for our Domestic Worker. We think we have covered most of things however we do not guarantee anything so use at your risk. Please leave copyright clause in footer intact. or ask us.

File in word format is available here. You can download use for personal purpose.

SERVICE CONTRACT between Domestic Worker and Service Receiver This service contract (Contract) is made between (a) The Service Receiver (SR) and (b) The Domestic Worker (DW) in Section A, based on the terms contained in Section B. Section A: Particulars of Parties in Contract The Service Receiver (SR) Full Name :   Govt ID #/ Passport #. :   Current Address :   The Domestic Worker (DW) Full Name :   Govt ID #/ Passport #. :   Permanent Address :   Section B: Terms of Contract Part I : Service Period and Workplace The DW shall be engaged by the SR as a domestic worker for a period of <no of years> years commencing from the date of the DW entering in <country name> on the visa made available by the SR. This Contract shall automatically stand renewed on the same terms and conditions for a further period(s) of two years unless terminated in accordance with the provisions stated in Part IV – Termination. This Contract or any renewal will stand cancelled without any liability to either parties in case of non-availability of suitable visa and permission from the local government. The DW shall work and reside in the SR’s current residence as above or any other residence where the SR moves in future. Nothing contained in this Contract shall be deemed to create any association, partnership, joint venture, or any other relationship between the parties hereto except as stated explicitly in this Contract. Part II : Responsibilities of the DW The DW shall be required to perform domestic duties including, but not limited to, all Household chores, Cooking, Baby-sitting, Child-minding or any other work assigned by the SR time to time. The DW shall undertake to perform her work skilfully, diligently and honestly at all times. The DW shall ensure that the Services shall be performed in such a manner which shall safeguard and protect interests of the SR and take all necessary and proper steps to prevent abuse or uneconomical use of facilities made available by the SR to the DW. The DW shall not take up, any other work with any other person(s) except permitted by the SR in writing. Part III : Remuneration and Benefits The SR shall pay the DW remuneration of <Currency and Amount> per month. The remuneration shall be paid by cash on the last day of every completed month. The SR can ask and the DW shall comply to acknowledge the amount received under her signature as proof of payment. The SR shall provide basic provisions for the meals to the DW. The SR shall provide the DW with the accommodation with a reasonable amount of privacy. The SR shall provide the DW with 8 hours of continuous rest daily (except for occasional special-care cases). Should both parties (SR and DW) agree to extend this Contract, the DW shall be entitled to get a return ticket (lowest fare by any carrier) to her country of origin once in two years. The SR shall provide safe working conditions for the DW at all times. The DW expressly agrees and undertakes that the total liability of SR shall not exceed the amount as set out in the Contract. The SR shall not be liable to provide any remuneration and benefits other than listed here. Part IV : Termination The SR may terminate this Contract at any time without specifying the reason by giving one month's notice in writing to the DW. Either party can terminate the Contract (a) at the end of any two years term, referred to in Part I above, by giving at least ninety days' notice prior to the end of such term; or (b) at any time, if other party is in default of its obligations under this Contract in which case the party shall give fifteen days' notice in writing to the defaulting party specifying the default provided that if such default is remedied within this period there will be no termination. However if default is of the nature where continuance of the services will be detrimental to the SR interests then the SR may terminate the Contract with immediate effect. (c) at any time, if the SR has to leave the country because of his employment terms is over or terminated or because of any other reason. In cases where the SR decides to terminate the Contract under his own will, the SR should pay salary of the DW till end of the notice period and pay for the ticket to her country of origin except when she is transferred to another person in which case this will not be payable. In cases where the DW decides to terminate the Contract or is in breach of the Contract condition(s) or decides to move to another person before the completion of the original or renewed term of the Contract then she shall reimburse the SR the cost of visa and other charges including, but not limited to, charges of the tickets paid. The repatriation of the DW to her country of origin or transfer of her to another person will end the Contract. Upon expiry of the Contract, the SR shall bear the cost of one way ticket (lowest fare by any carrier) for the DW to travel back to her country of origin. Part V : Others The SR and the DW agrees and undertakes to comply with all the laws and regulations of the <Country Name>. The accommodation provided by the SR shall be used solely by the DW and no other person shall be allowed to reside or stay in the accommodation provided. Any visit by any other person to the accommodation will be only with the prior written consent of the SR. In the accommodation provided, the DW shall not store any items belonging to other person and own belonging will be kept to minimum as per daily requirements. The DW shall comply with the ethical and family standards of the SR as may be applicable, including, but not limited to dress code and usage of proper language. The DW shall not indulge in any illegal or socially unacceptable behaviour. All cases of in-subordination by the DW will be considered as breach of the Contract unless specifically condoned by the SR. The DW shall not discuss (not even in casual talks) or convey in any manner any of the SR and his family conversations and all other information with anyone and keep all information as confidential all the time even after termination of the Contract. This includes but not limited to the family interactions, casual talks, information received by the way of discussions. The DW shall not use any information (even after termination of the Contract) including, but not limited to, business ideas, intellectual property rights received during working with the SR and shall not pass on this to anyone else. The DW shall ensure that s/he does not try to gather any information by deliberately overhearing conversations, browsing through the papers or any other mean. The DW shall ensure that before entering into the private areas like bedroom and bathrooms, she knocks and wait for clear “Come in” consent. The DW is prohibited from possession, consumption and/or being under the influence of illegal drugs or illicit narcotics (non prescriptive medication) or alcohol. The DW shall start providing services within one month of signing of the Contract by the SR. Any substantial variation or addition to the terms of this Contract shall be deemed void unless made with the consent of both parties to the Contract through signatories. Any dispute arising from this Contract shall be settled with mutual agreement. If it cannot be settled, the dispute can be referred at the election of both parties to an alternative dispute resolution mechanism. A person who is not a party to this Contract shall not have any rights under or in connection with it. This Contract (including all schedules and annexure attached hereto) contains the entire contract between the Parties and supersedes and cancels any and all earlier agreements or contracts whether verbal or in writing relating to the services. Section C: Service Receiver's Declaration I have read and understood the contents of this Contract, and hereby agree to abide by it. The Service Receiver's Signature :   Name:   Date :   Section D: Domestic Worker's Declaration I have read and understood the contents of this Contract, and hereby agree to abide by it. The Domestic Worker's Signature :   Name:   Date :