The employment of domestic household service workers is controlled by contract, whether oral, written or implied. The following form is an example of such a contract.
When hiring a part-time domestic service worker in New York, it is crucial to establish a clear contractual agreement that outlines the terms and conditions of their employment. A well-drafted New York Contract or Agreement of Employment with Part-Time Domestic Service Worker ensures that both parties are aware of their rights, responsibilities, and expectations. Here is a detailed description of what such a contract typically includes: 1. Introduction: Start the contract by clearly stating the date, names, and addresses of the employer and the domestic service worker. Specify that the agreement is for part-time employment. 2. Job Description: Describe the specific duties and responsibilities the domestic service worker will be expected to perform. This can include cleaning, laundry, cooking, childcare, pet care, or any other relevant tasks. 3. Working Hours: Clearly define the working hours, including specific days and times the domestic service worker will be expected to work. Note any flexibility regarding schedule changes or overtime requirements. 4. Compensation: Outline the hourly wage or salary that will be paid to the domestic service worker. State whether it will be paid weekly, bi-weekly, or monthly. If there are any additional benefits or bonuses, mention them as well. 5. Tax and Legal Compliance: Clarify that the employer will comply with all applicable federal, state, and local tax laws and labor regulations. This should include obtaining necessary workers' compensation insurance and paying payroll taxes. 6. Confidentiality: If the domestic service worker may have access to confidential information about the employer or their household, address the need for maintaining confidentiality and discretion. 7. Termination: Define the conditions under which either party can terminate the employment. This includes specifying the notice period required for termination and stating whether there are grounds for immediate termination without notice. 8. Holidays and Leave: Explain the procedure for granting leave, whether it is paid or unpaid. Mention any specific holidays or vacation periods the domestic service worker is entitled to. 9. Accommodations and Benefits: If the domestic service worker is provided accommodation or any other benefits, describe them in detail, including any associated costs or deductions. 10. Non-Discrimination: Emphasize that the employer is committed to providing an environment free from discrimination based on race, color, religion, sex, national origin, age, disability, or any other protected characteristic. 11. Confidentiality and Non-Disclosure: If the domestic service worker will have access to sensitive information, such as client contacts or financial records, include clauses on confidentiality and non-disclosure of such data. Types of New York Contracts or Agreements of Employment with Part-Time Domestic Service Worker: 1. Standard Part-Time Employment Contract: This contract outlines the terms of employment for a domestic service worker engaged in part-time work for a predetermined amount of hours per week or month. 2. Live-In Part-Time Employment Contract: This contract applies when the domestic service worker is required to live in the employer's premises while performing their duties. It may include details on accommodation, meal provisions, and additional responsibilities. 3. Seasonal or Temporary Part-Time Employment Contract: If the domestic service worker is being employed for a limited period, such as during the holiday season or for a temporary project, this contract specifies the start and end dates of their employment. By customizing a New York Contract or Agreement of Employment with Part-Time Domestic Service Worker to suit specific requirements, employers and domestic service workers can establish a mutually beneficial relationship based on clear expectations and legal compliance.
