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Kasambahay Model Service Contract

Blu model form for kasambahay service contract

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ENGLISH:

Annex E

MODEL SERVICE CONTRACT

KNOW ALL MEN BY THESE PRESENTS:
This Service Contract made this ___ day of _______________, by and
between,
__________________________________
of
legal
age
single/married,
with
postal
address
at
_________________________________, hereinafter referred to as the
EMPLOYER
-

and –

____________________(Name
of
Agency)________________________,
with
principal
address
at
___________________________________________________,represented
by ____________________________, hereinafter referred to as the
AGENCY;
WITNESSETH AND AGREED AS FOLLOWS:
A. Duties and Responsibilities of the Agency
1. That the AGENCY shall provide the EMPLOYER with the qualified and
competent Kasambahay required by the EMPLOYER;
2. That the AGENCY shall provide a pre-employment orientation briefing
to the EMPLOYER AND KASAMBAHAY about their rights and
responsibilities in accordance with Paragraph d, Section 3, Rule III of
the Implementing Rules and Regulations of Republic Act No. 10361 or
“Batas Kasambahay”;
3. That the AGENCY, within one (1) month from the day the
Kasambahay reported for work,
shall provide the EMPLOYER a
qualified replacement at no additional cost if any of the following
grounds occurred:

2
(a) The Kasambahay is found to be suffering from an incurable
or contagious disease or mental illness as certified by a
competent or government physician;
(b) The Kasambahay abandons the job without justifiable
cause, voluntarily resigns, commits theft or any of the
analogous acts prejudicial to the employer or his/her family;
(c) The Kasambahay is physically or mentally incapable of
discharging the minimum requirements of the job, as specified
in the employment contract;

That the AGENCY shall refund to the EMPLOYER seventy–five
percent (75%) of the fees paid if the former failed to provide a
qualified replacement after the lapse of one (1) month from receipt
of the request for replacement;
The EMPLOYER shall be entitled to three (3) replacements during the
entire period of this contract.
Any request for replacement after the first month shall be subjected to
an additional minimum service fee of twenty-five percent (25%) of the
agreed service fee. Moreover, if the worker escapes, commits theft, or
any other acts prejudicial to the employer, the same facts or
circumstances shall be stated in an affidavit to be executed by the
employer and submitted to the agency before any replacement shall
be provided by the agency.
4. That the AGENCY shall be jointly and solidarily liable with the
EMPLOYER for payment of wages, wage related and other benefits,
including monthly contribution for SSS, Philhealth and Pag-IBIG
membership of the kasambahay, in case the latter fails to comply with
the aforementioned obligations;
Such liability of the agency is co-terminus with the existence of the
signed Service Contract between the agency and employer.

duly

3
B. Duties and Responsibilities of the Employer
1. That the EMPLOYER, upon the commencement of this Contract, shall
cause the payment to the AGENCY of a service fee amounting to
________________________________ pesos (P_______), and the
deployment
expenses
amounting
to
_________________________________ pesos
(P_______) which
include cost of transportation, meals, communication
and other
incidental expenses subject to presentation of receipts;
2. That the EMPLOYER shall pay the AGENCY the amount of
_________________________________ (P________) representing
the cost of securing the standard documentary pre-employment
requirements of the kasambahay in case the latter paid for such cost;
3. That the EMPLOYER shall shoulder the cost of other
medical
examination that he/she may require in addition to the basic pre–
employment medical examination.
4. That the EMPLOYER shall pay the monthly salary of the Kasambahay
in cash at least once a month and all the benefits as provided for by
law;
5. That the EMLOYER shall provide the agency with a copy of the
monthly pay slip and copies of proof of remittances with the SSS, PagIbig, and PhilHealth not later the 15th day of each month;
6. That the EMPLOYER shall provide the kasambahay
medical
assistance in the form of first aid medicines, in case of illness and
injuries sustained during the service without loss of benefits; and
7. That upon the expiration of the Employment Contract or upon
termination of employment, the EMPLOYER shall endorse the
Kasambahay to the AGENCY for accounting of wage and other wagerelated benefits which may still be due and payable to the
Kasambahay as well as the remittances with the SSS, Pag-ibig, and
Philhealth.
C.

The terms and conditions of this CONTRACT shall not be modified or
amended by either party without the concurrence of the other party.

4

IN WITNESS WHEREOF, the parties hereunto signed this Contract this
_________day of___________________________, at _____________,
Philippines.

__________________
Employer

______________________
Agency Representative

SIGNED IN THE PRESENCE OF:
______________________
______________________

SUBSCRIBED AND SWORN to before me this ____ day of ________,
20 ___ in ____________, __(Name of Employer)___ exhibited to me his/her
Identification Card and Residence Certificate No. ____________ issued at
_____________on
_____________
and
___(Name
of
Agency
Representative), with Identification Card and Residence Certificate No.
____________________,
issued
at
______________
on
__________________________.

NOTARY PUBLIC
Doc. No. _________
Page No. _________
Book No. _________
Series of _________
 
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