Professional Documents
Culture Documents
Employment Contract 08-21-02
Employment Contract 08-21-02
EMPLOYERS of A-3 and G-5 domestic workers in the United States may wish to use the
employment contract template developed by the Department of State as it includes all Department-
required contract terms.
PARTIES:
EMPLOYER
SURNAME Click here to enter surname. GIVEN NAME Click here to enter given name.
EMPLOYEE
SURNAME Click here to enter surname. GIVEN NAME Click here to enter given name.
DATE OF BIRTH Click here to enter a date of birth. NATIONALITY Click here to nationality.
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NOTE: In general, EMPLOYERS should hold a position as the principal officer or deputy
principal officer or carry the rank of Minister or higher. EMPLOYERS who do not hold such
position/carry such rank must demonstrate the ability to pay the EMPLOYEE at the
applicable U.S. federal, state, or local minimum wage level.
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f. The EMPLOYER agrees to pay the costs of the EMPLOYEE’s travel from Click here to enter
country. to the United States at the beginning of employment without deducting costs from the
EMPLOYEE’s salary or using any other means to recover such costs.
g. The EMPLOYER agrees to pay the cost of the EMPLOYEE’s travel from the United States at the
end of employment (for any reason) to Click here to enter country. without deducting costs from the
EMPLOYEE’s salary or using any other means to recover such costs.
h. The EMPLOYER agrees to pay for any other costs of travel required of the EMPLOYEE by the
EMPLOYER without deducting these costs from the EMPLOYEE’s salary or using any other
means to recover the costs.
i. The EMPLOYER agrees to comply with any registration requirements of the Department of State
and to submit through their foreign mission or international organization all requests to extend the
status of the EMPLOYEE with sufficient time to allow such requests to be processed before the
expiration of the I-94.
j. The EMPLOYEE agrees to depart the United States at the end of the employment term consistent
with U.S. immigration law.
DESCRIPTION OF DUTIES
a. The EMPLOYEE is hired to perform the following duties for the EMPLOYER:
☐ Childcare
☐ Housework
☐ Cooking
☐ Gardening
☐ Other Duties Click here to other duties.
☐ Other Duties Click here to other duties.
b. The EMPLOYER and EMPLOYEE agree that the EMPLOYEE is not permitted to work for
another employer, and the EMPLOYER will not require any other employment beyond the terms
of this contract.
c. The EMPLOYEE will be one of Click here total number of domestic workers. domestic
employee(s) employed by the EMPLOYER.
HOURS OF WORK
Note: State/local law may regulate hours of work, including breaks, and EMPLOYER should
ensure compliance with all applicable laws.
a. The EMPLOYEE will generally work Choose normal work hours. hours per week. The
EMPLOYER will provide the EMPLOYEE with a minimum of 35 hours of work each week.
b. The EMPLOYEE will receive at least one full day off each week on Click here to enter
EMPLOYEE day(s) off..
c. Although the normal workweek schedule is set forth below, the EMPLOYER and
EMPLOYEE agree that the EMPLOYEE may, on occasion, be required to work a different
schedule than the normal work schedule. Regardless of the schedule worked, the EMPLOYER
agrees to pay the EMPLOYEE for all hours worked according to the below contracted wage
terms and in compliance with U.S. law.
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e. The EMPLOYER and EMPLOYEE agree that the EMPLOYEE will not be paid for sleeping
time and other periods when the EMPLOYEE is free from all duties and when the
EMPLOYEE can leave the property or remain on the property, without employment duties.
f. If the EMPLOYEE is required to work during his/her scheduled sleeping or other free time,
this time period will be counted and compensated as hours worked. Any hours that the
EMPLOYEE is required to remain in the residence in case needed for work will be
considered working hours.
g. The EMPLOYEE is free to leave the EMPLOYER’s residence during any non-work hours.
LEAVE AND HOLIDAY
Note: State/local law may regulate leave, and the EMPLOYER should ensure compliance
with all applicable laws.
a.
☐ The EMPLOYEE will receive Click here to enter number of paid sick days. days of paid sick
leave during the calendar year.
☐ The EMPLOYEE will not receive paid sick leave during the calendar year.
b.
☐ The EMPLOYEE will receive Click here to enter number of paid vacation days. days of paid
vacation during the calendar year.
☐ The EMPLOYEE will not receive paid vacation leave during the calendar year.
c.
☐ The EMPLOYEE will receive Click here to enter number of paid holidays. paid holidays (e.g.,
national independence day, U.S. federal holidays, etc.) during the calendar year. Paid
holidays are: Click here to enter paid holidays.
☐ The EMPLOYEE will not receive paid holidays during the calendar year.- 4 -
ANTI-HARASSMENT
a. The EMPLOYEE has the right to a workplace that is free from intimidation, harassment, and
abuse of any kind, and has the right to leave employment if intimidated, harassed, or abused.
b. The EMPLOYER must not prohibit the EMPLOYEE from reporting intimidation, harassment, or
abuse and must not retaliate in any way against the EMPLOYEE for enforcing his/her legal
rights.
RESIGNATION AND TERMINATION
Note: State/local law may regulate terminations, and EMPLOYER should ensure compliance with all
applicable laws.
a. The EMPLOYER will promptly notify the Department of State, through the mission, of the
resignation or termination of the EMPLOYEE.
b. The EMPLOYER or the EMPLOYEE may terminate this contract with Click here to enter
number of weeks. weeks of notice, or the EMPLOYER may give the equivalent weeks of pay
instead of notice to terminate this contract.
c. The EMPLOYER will pay all salary owed to the EMPLOYEE at the time of termination.
RECORD KEEPING REQUIREMENTS
a. The EMPLOYER will keep an employment file, which will include, at a minimum, the
following records:
EMPLOYEE’s full name and, if applicable, social security number;
EMPLOYEE’s home address;
Hours worked each workday and total hours worked each work week;
Total wages paid each week to EMPLOYEE, including the amount of any overtime paid; and
Copies of all employment contracts.
b. The EMPLOYER will keep all employment records for three years after the termination of
EMPLOYEE’s employment.
c. The EMPLOYER will maintain the required records and understands that the Department
reserves the right to request proof of payment when there are questions regarding the
proper compensation of a domestic employee.
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NOTE:
Appropriate record keeping is important to establish compliance with Department of State domestic worker
program requirements and to assist if future wage and earning disputes arise. If the EMPLOYER does not maintain
the required documentation, the EMPLOYER understands the Department may infer that the EMPLOYEE was not
properly paid, and the EMPLOYER further understands that future sponsorship of domestic workers may not be
permitted.
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a. The EMPLOYER and EMPLOYEE may agree to additional terms, but those terms
must comply with U.S. federal, state, and local law and Department policy.
b. The contract may not include a term that requires binding arbitration to resolve disputes
under the employment contract.
Note: EMPLOYERS should consult an attorney with expertise in U.S. employment law who
can help ensure compliance with federal, state and local law.
Click here to enter other terms agreed to by the EMPLOYER and EMPLOYEE or required by state or local
law.
FINAL CLAUSE
EMPLOYER
DATE: Click here to enter a date. EMPLOYEE
DATE: Click here to enter a date.
SIGNATURE: __________________________
SIGNATURE: __________________________