Domestic Worker Recruitment Agreement

A Domestic Worker Recruitment Agreement is used by a client to engage a recruiter's services to search for potential domestic workers. The recruiter is given the task of looking for a domestic worker to perform household work for the client, such as general household, nanny, maid, cooking, gardening, or laundry work. In this agreement, the recruiter will have to pre-screen the potential domestic workers, determine pre-employment requirements, and present the domestic workers to the client for employment.

The recruiter must have a valid recruitment license obtained from the Department of Labor and Employment, as a pre-requisite for the legal recruitment of domestic workers within the Philippines. Absent this requirement, the recruiter may be subjected to criminal punishment.

This agreement is specifically made to recruit domestic workers, if a general recruitment engagement is required, then a Recruitment Agreement should be used.

It must be noted, however, that this document is only used for local employment and not for overseas employment. In the case of overseas employment, the requirements of the Philippine Overseas Employment Administration should be followed and a license for that purpose must be obtained.

If the recruiter finds a suitable domestic worker for the client, then a Domestic Work Contract may be used.

How to use this document

This document may require details concerning the identity of the parties who may either be individuals or organizations. After completing the information concerning the identity of the parties, the contents of the agreement may include the following:

• The number of domestic workers that will be recruited whether one or multiple,
• The specifications or qualifications of the domestic worker that will be recruited,
• The details of how the recruitment will be performed,
• The duration of the agreement, and the required time to complete the services,
• The location where the recruitment will be conducted, and
• The details of the payment by the client of fees and expenses.

Once the information above is completed, the document should be signed by the parties and each should keep an orginal copy.

It is the choice of the parties if they want to acknowledge the agreement before a Notary Public. Acknowledgment will make it easier for the agreement to be enforced against either party. If the document will be acknowledged before a Notary Public, three original copies must be printed, one for the Notary Public and one for each party. Then the original copies must be presented and signed in front of the Notary Public.

Applicable law

The Labor Code of the Philippines and the Kasambahay Law is the law that governs recruitment and employment in the Philippines, further, the rules and regulations issued by the Department of Labor and Employment may also be applicable. The laws on contracts and obligations found in the Civil Code of the Philippines also apply. Lastly, this document may be governed by the 2004 Rules on Notarial Practice. It should also be noted that making untruthful statements in a notarized affidavit may be punishable under the Revised Penal Code of the Philippines.

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