Foreign Domestic Worker Employment Agreement

The Foreign Domestic Worker Employment Agreement is a document that outlines the terms and conditions of employment for a domestic helper. It is important because it establishes the rights and responsibilities of both the employer and the worker, ensuring a fair and legal working relationship.

 

The entire document consists of 21 clauses, each addressing a specific aspect of the employment agreement. Clause 1 states that the worker's place of origin is a specific country. Clause 2 states that the worker will be employed as a domestic helper for a specified period of time. Clause 3 states that the worker will work and reside in the employer's residence, with the employer providing safe working conditions.

 

Clause 4 outlines the duties of the worker, specifying that they will only perform domestic duties as per the attached schedule. It also states that the worker cannot take up any other employment and must perform their work diligently and honestly. Clause 5 addresses the payment of wages, stating the amount and method of payment. It also mentions that the employer must provide suitable accommodation and meals for the worker.

 

Clause 6 guarantees the worker's entitlement to rest days, statutory holidays, and paid annual leave. It also specifies the number of hours of continuous rest and the compensation for unused rest days. Clause 7 addresses the provision of free passage for the worker to and from their place of origin. Clause 8 states that the employer is responsible for certain fees and expenses related to the worker's departure and entry into the jurisdiction state.

 

Clause 9 addresses the provision of free medical treatment to the worker in case of illness or injury. It also mentions compensation for work-related injuries. Clause 10 ensures that the worker has access to external communications and can seek advice/help from relevant bodies/authorities. Clause 11 outlines the termination of the agreement, requiring written notice or payment in lieu of notice.

 

Clause 12 states that both parties must inform the immigration authority of the termination of the agreement. Clause 13 allows for the possibility of entering into a new agreement or extending the existing agreement upon expiry. Clause 14 addresses the transportation of the worker's remains and personal property in case of death. Clause 15 allows for variations to the agreement under certain conditions.

 

Clause 16 states that the worker has been medically examined and found fit for employment. Clause 17 states that any substantial variation or addition to the agreement must be made with the consent of both parties and a witness. Clause 18 establishes that the English language version of the agreement prevails in case of conflict or inconsistency. Clause 19 provides for mediation and alternative dispute resolution in case of disputes. Clause 20 states that the agreement is governed by the laws of the jurisdiction state.

 

Clause 21 clarifies that the terms of the agreement do not preclude the worker from other entitlements under relevant laws.

 

Each section of the document provides specific details and requirements related to the employment agreement. The schedule of accommodation and domestic duties outlines the employer's residence, the number of persons to be served, and the accommodation and facilities to be provided to the worker. The schedule of salary payment and loan repayment specifies the monthly salary, loan amount, and repayment schedule.

 

Overall, the Foreign Domestic Worker Employment Agreement is a comprehensive document that covers all aspects of the employment relationship between the employer and the domestic helper.

How to use this document?

1. Provide information: Enter the employer's and worker's information in the agreement, including their names and addresses. This ensures clear identification of both parties.

2. Specify employment period: Clearly state the period of employment for the worker, including the start date. This ensures clarity and avoids any misunderstandings.

3. Define duties and responsibilities: Clearly describe the domestic duties that the worker will be responsible for, as per the attached schedule. This ensures that both parties are aware of the scope of work.

4. Agree on wages and payment method: Specify the amount of wages to be paid to the worker and the method of payment. This ensures that both parties are aware of the payment terms.

5. Provide suitable accommodation and meals: Ensure that the employer provides suitable accommodation and at least three adequate meals a day to the worker. This ensures that the worker's basic needs are met.

6. Grant rest days and annual leave: Agree on the number of rest days and statutory holidays that the worker is entitled to, as well as the amount of paid annual leave. This ensures that the worker has time for rest and recreation.

7. Arrange for free passage: Provide free passage for the worker to and from their place of origin, including a daily food and traveling allowance during the journey. This ensures that the worker can travel safely.

8. Cover fees and expenses: Be responsible for certain fees and expenses related to the worker's departure and entry into the jurisdiction state, such as medical examination fees and visa fees. This ensures that the worker is not burdened with these costs.

9. Provide medical treatment and compensation: Ensure that the worker receives free medical treatment in case of illness or injury, and provide compensation for work-related injuries. This ensures the worker's health and safety.

10. Allow external communications: Allow the worker to have access to external communications and seek advice/help from relevant bodies/authorities. This ensures that the worker can seek assistance if needed.

11. Terminate the agreement: Follow the proper procedures for terminating the agreement, including giving written notice or payment in lieu of notice. This ensures a fair and legal termination.

12. Inform the immigration authority: Notify the immigration authority of the termination of the agreement within seven days and provide a copy of the other party's written acknowledgement. This ensures compliance with immigration regulations.

13. Consider extension or new agreement: If both parties agree to extend or enter into a new agreement, ensure that the worker takes a paid vacation before the new period commences. This ensures that the worker has time for rest and relaxation.

14. Handle death arrangements: In case of the worker's death, arrange for the transportation of their remains and personal property to their place of origin. This ensures proper handling of the situation.

15. Follow variations with consent: Any variations or additions to the agreement must be made with the consent of both parties and a witness, following the specified conditions. This ensures that any changes to the agreement are agreed upon by all parties.

16. Mediate disputes: In case of disputes, refer the matter to the employment agency for mediation. If necessary, use alternative dispute resolution mechanisms. This ensures a fair resolution of conflicts.

17. Comply with laws and regulations: Ensure that the agreement is in compliance with the laws and regulations of the jurisdiction state. This ensures legal validity and enforceability.

18. Consider other entitlements: Clarify that the agreement does not preclude the worker from other entitlements under relevant laws. This ensures that the worker's rights are protected.

Note: This guidance provides a summary of the steps involved in using the document. It is important to refer to the actual document for the complete and accurate information.