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Caretaker Agreement for Philippines

Caretaker Agreement Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes the terms and conditions of a caretaking arrangement between an employer and a caretaker. The document complies with the Kasambahay Law (Republic Act No. 10361) and related Philippine labor legislation, outlining the responsibilities, compensation, benefits, and working conditions for caregiving services. It includes detailed provisions for work schedules, living arrangements, mandatory benefits, and social protection requirements specific to the Philippine context, while ensuring the rights and obligations of both parties are clearly defined and protected.

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What is a Caretaker Agreement?

The Caretaker Agreement serves as a crucial legal document in the Philippines, designed to formalize caregiving arrangements while ensuring compliance with local laws, particularly the Kasambahay Law (RA 10361) and the Labor Code. This document is essential when engaging a caretaker for elderly care, patient support, or specialized personal care services, whether in a private household or institutional setting. It encompasses mandatory provisions for employment terms, social security benefits, healthcare coverage, and worker protections specific to the Philippine jurisdiction. The agreement is structured to address both basic caregiving duties and specialized care requirements, incorporating essential elements such as work schedules, compensation packages, living arrangements, and emergency protocols. It's particularly relevant in contexts where regular, long-term care is required, and helps prevent disputes by clearly defining the scope of services, expectations, and legal obligations of all parties involved.

What sections should be included in a Caretaker Agreement?

1. Parties: Identification of the employer and the caretaker, including complete names, addresses, and contact information

2. Background: Context of the agreement, including the need for caretaking services and general purpose of the arrangement

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Care Recipient', 'Premises', etc.

4. Scope of Services: Detailed description of caretaking duties, responsibilities, and expected outcomes

5. Term and Schedule: Duration of the agreement, working hours, rest periods, and holiday arrangements as per Kasambahay Law

6. Compensation and Benefits: Salary, payment schedule, mandatory benefits under Philippine law including SSS, PhilHealth, and Pag-IBIG contributions

7. Accommodation and Living Arrangements: Details of live-in/live-out arrangement, meals, and living conditions if applicable

8. Leave and Time Off: Vacation leave, sick leave, and other authorized absences as per Philippine labor laws

9. Health and Safety: Workplace safety measures, health protocols, and emergency procedures

10. Termination: Conditions for ending the agreement, notice periods, and severance requirements

11. Confidentiality: Protection of private information about the employer, care recipient, and household

12. Governing Law: Specification that the agreement is governed by Philippine law, particularly the Kasambahay Law

What sections are optional to include in a Caretaker Agreement?

1. Special Care Requirements: Additional provisions for specialized care needs (e.g., medical conditions, disabilities, or specific dietary requirements)

2. Transportation: Arrangements for transport of the care recipient or caretaker if required

3. Additional Household Duties: Any additional responsibilities beyond primary caretaking duties

4. Performance Reviews: Process and frequency of performance evaluations if implemented

5. Training Requirements: Specific training or certification requirements for specialized care

6. Relief Staff Arrangements: Procedures for temporary replacement during caretaker's absence

7. Insurance: Additional insurance coverage beyond mandatory requirements

What schedules should be included in a Caretaker Agreement?

1. Schedule A - Detailed Service Requirements: Comprehensive list of daily, weekly, and monthly tasks and responsibilities

2. Schedule B - Care Plan: Specific care requirements, medications, dietary needs, or therapy schedules if applicable

3. Schedule C - Emergency Contacts: List of emergency contacts, including medical professionals, family members, and backup contacts

4. Schedule D - Compensation Details: Breakdown of salary, benefits, and payment schedules

5. Schedule E - House Rules and Protocols: Specific household guidelines, security measures, and standard operating procedures

6. Appendix 1 - Required Documentation: Copies of relevant certificates, IDs, and mandatory government registrations

7. Appendix 2 - Medical Information: Relevant medical history, allergies, and health considerations for the care recipient

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions




































Clauses



































Relevant Industries

Healthcare

Social Services

Elder Care

Disability Support

Residential Care

Private Household Services

Medical Support Services

Community Services

Relevant Teams

Human Resources

Legal

Compliance

Healthcare Administration

Operations

Employee Relations

Risk Management

Residential Services

Care Coordination

Relevant Roles

Caregiver

Personal Care Assistant

Elder Care Specialist

Home Health Aide

Disability Support Worker

Residential Care Worker

Patient Care Assistant

Senior Care Coordinator

Home Care Manager

Healthcare Administrator

HR Compliance Officer

Legal Counsel

Employment Relations Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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