Written Agreement

beats verbal promises anytime

A maid (sometimes seen as a mother's helper) can be a great help to busy mothers. But occasionally something goes wrong. A busy working mother's expectation that her domestic helper take care of the children while she is out and give her time to relax when she comes home might not materialise.

Super maids are very rare in real life. Sometimes the domestic takes advantage of the good nature of the employer who finally loses her patience. Sometimes she speaks only Taglish and no English or a Chinese dialect (as one might expect) and drives the employer or granny up the wall. One thing leads to another and the employer of a foreign domestic worker declares that she has had it.

When the employment relationship breaks down, it is pointless to apportion blame. Often it takes two hands to clap. The best solution, the common practice, is for the agency to arrange for another domestic worker to replace the original one.

This is a reasonable solution. But the fun comes when the inevitable arises. Should the employer pay for a replacement for the first domestic helper? Some employers feel that they should not have to pay a single cent citing the practice of some maid agencies that are said to give unlimted "free replacement maids for two years".

Even if some agencies (the more "creative" ones) do promise a "free replacement maids for two years" one should not assume that all agencies will do that. Study the terms of the service agreement! Sometimes the replacement is free, but ...

What should an employer look for in a service agreement?

  1. Replacement period should be specified, eg: 90 days from the date the domestic worker starts work
  2. The cost of replacement should be clearly stated:
    • if free, then no buts, no surprises
    • if X dollars is quoted, then there should be no additional charges
  3. If the agent quotes a "package" price, then he should furnish the prerequisites without additional cost, viz:
    • Letter of Guarantee (by Insurance Company) in lieu of $5,000 cash for the Security Bond
    • Insurance - Personal Accident, Hospitalization and Repatriation of Remains
    • Meeting at the airport, Medical Check-up (applicable for new arrivals only, not domestic helpers on transfer)
    • Collection of Work Permit

But even more important is the overall tone of the service agreement. If any of the following applies, look out!

    Examples of danger signals!
  • The service agreement is unduly long. Three to four pages should suffice. At any rate, it should not be more than five or six pages. The print should be of even size and easy to read.
  • An ordinary English word is redefined.
  • Terms differ from those advertised, e.g.: If "zero placement fee" is advertised and one ends up being to asked pay a lot more for whatever purpose (for everything except placement fee which is zero).
  • Onerous terms, such as the employer being obligated to employ an FDW for a minimum of 4 months, even if it turns out that she is not quite as competent as she is made out to be in her resumé, or if never gets up early enough to fix breakfast.
  • The amount the agency charges the FDW is unduly high! (At this writing, there is a move by AEA(S) to limit this amount to 4 months. Currently some agents are charging the FDW as much as 8 to 10 months of her salary. The employer who pays up the "loan" forfeits it if the FDW is transfered before she has repaid the "loan"!!!!
  • Some agencies charge an FDW three more months of her salary each and every time she is transfered, regardless of the reason.