DRIVER / DOMESTIC HELP AGREEMENT
This Agreement is made at __________ on __________.
BETWEEN
__________, of __________, phone __________ (the "Employer");
AND
__________, son/daughter/wife of __________, of __________, phone __________, holding __________ as identity proof (the "Employee").
The Employer and the Employee are each a "Party" and together the "Parties".
RECITALS
A. The Employer wishes to engage the Employee as __________, and the Employee has agreed to serve the Employer on the terms of this Agreement.
B. The Employer confirms that police verification of the Employee, under the Employee Police Verification Form or an equivalent application to the local police, has been applied for or will be applied for separately from this Agreement.
NOW THIS AGREEMENT WITNESSES as follows.
- NATURE OF ENGAGEMENT
1.1 This is a contract of personal service between the Employer and the Employee directly. It is not a licence of any part of the Employer's premises to the Employee, and the Employee acquires no right to remain at the premises beyond the engagement, whether or not accommodation is provided under clause 4.
1.2 The engagement commences on __________.
- DUTIES
2.1 The Employee's duties are: __________.
- WORKING HOURS AND WEEKLY OFF
3.1 Working hours are __________, with __________ as the weekly off day. Time genuinely worked beyond these hours at the Employer's request shall be compensated by equivalent time off or, where the Parties agree, by additional payment.
- ACCOMMODATION
4.1 The engagement is __________.
- WAGES
5.1 The Employer shall pay the Employee a monthly wage of __________, payable on or before day __________ of each calendar month, in cash or by bank transfer as the Parties agree.
- MINIMUM WAGES
6.1 Where the State Government has, for the time being, notified domestic service or the specific category of work described in clause 2 as a scheduled employment under the Minimum Wages Act, 1948, the wages payable under this Agreement shall not be less than the minimum rate so notified, and the Employer shall pay the higher of that notified rate and the wage stated in clause 5.1.
- LEAVE
7.1 The Employee is entitled to __________ days of paid leave in a year, in addition to the weekly off day, to be taken with reasonable notice to the Employer and at a time that does not unreasonably disrupt the household or business.
- CONDUCT AND IMMEDIATE TERMINATION
9.1 The Employee shall carry out the duties honestly and diligently, shall not remove any property of the Employer without permission, and shall maintain the confidentiality of the Employer's household or business affairs learned in the course of the engagement, both during and after the engagement.
9.2 The Employer may end the engagement immediately, without notice or payment in lieu, for theft, violence, being under the influence of alcohol or an intoxicant while on duty, gross negligence causing loss or injury, or any other act that would justify immediate dismissal.
- ENDING THE ENGAGEMENT
10.1 Except as clause 9 or, where it applies, clause 8 allows, either Party may end this Agreement by giving the other __________ days' written or oral notice, or by paying or forfeiting that period's wages in lieu.
10.2 On the engagement ending, the Employer shall pay all wages due up to the last day worked, and any accommodation provided under clause 4 shall be vacated as that clause provides. The Employer shall, if asked, give the Employee a simple letter confirming the period and nature of the engagement.
- GENERAL
11.1 This Agreement is the entire understanding between the Parties about the engagement and may be amended only in writing signed by both.
11.2 A dispute arising from this Agreement may be raised before the Labour Officer or the courts having jurisdiction at __________, without prejudice to any other lawful remedy either Party has.
11.3 This Agreement is governed by the laws of India as in force in the State of Punjab or the Union Territory of Chandigarh, according to where the Employer's premises named above are situated.
IN WITNESS WHEREOF the Parties have signed this Agreement at __________ on __________.
SIGNED by the EMPLOYER
__________
Signature: ______________________________
SIGNED by the EMPLOYEE
__________
Signature: ______________________________
WITNESSES
- __________
__________
Signature: ______________________________
- __________
__________
Signature: ______________________________