- Am I required to have a written agreement?
- What are the risks of not having a contract?
- Is a verbal contract enough?
- Can I have a contract for a part-time job?
- Can I have a contract for a temporary job?
- I started my job a while ago and never signed a written agreement. Is it too late to sign one now?
- If I sign an agreement for a particular wage and job description, will I be able to negotiate for a raise or better conditions later on?
- If I sign an agreement, will I be laid off when the agreement ends?
- What happens if I sign a contract for less than what I’m entitled to under the law?
- Things are going well in our employment relationship. Why do we need a written agreement?
- What should we do if we don’t speak the same language?
- What are good practices to follow when drafting a fair contract for domestic work?
- How do I learn more about my legal rights and responsibilities?
- I have more questions about written agreements for domestic workers! How can I ask them?
Why Have A Contract?
Written agreements benefit both domestic workers and their employers by establishing a formal understanding between the parties — fostering a more respectful, professional employment relationship. Contracts can bring clarity to:
- Job Responsibilities: Tasks, responsibilities, what the worker will prioritize, and how she will use her time.
- Schedules: When the worker will perform her duties, when she will have time off, and how changes in schedule will be communicated.
- Compensation and Benefits: Wages, frequency of payment, overtime pay, paid time off, bonuses, and other allowances.
- Working Conditions: Materials, supplies, and safety measures for a comfortable and fair working environment.
- Communication: Processes for feedback, evaluation, and resolution of conflicts.
- Confidentiality and Privacy: Agreements about how sensitive information will be protected and how the worker’s privacy will be upheld on the job.
- Length of Employment: The duration of employment, provisions for termination, notice periods, and the conditions under which either party can end the employment relationship.
A written contract for nannies, housecleaners and home care workers provides stability and can help ensure excellent care, meeting both employer and worker needs.
How do I make a written agreement?
- Download the sample agreements for nannies, home care workers, and housecleaners , released by the U.S. Department of Labor. These sample agreements can be used to establish a fair working relationship between domestic workers and their employers.
- Identify your priorities and proposals . Review the sample agreement and identify proposals you would like to make to the other party. Be prepared to ask for what you need and to listen to each others’ point of view.
- Schedule a dedicated time for discussion. Whether you are beginning a new employment relationship or wish to develop a written agreement for an existing one, schedule a time to go through the sample agreement and fill it out together. Make sure you dedicate enough time for the conversation – it is the foundation of a good working relationship! We recommend that you dedicate up to one hour to discuss and fill out the agreement together.
- Take your time and don’t rush to sign. Once you have reached agreement, it is ok to take some time to think before signing. This is especially important if you do not speak the same language. Make sure that both parties understand what is written and feel comfortable before signing.
- Keep copies of the agreement. The domestic worker and employer should keep copies of what has been signed.
- Revisit the agreement often. The written agreement is a living document that should be referred to often. Plan to check in with each other regularly to ensure the work is happening in the ways laid out in the contract. Be prepared to negotiate a new contract if conditions change – for example, an increase in the number of children a nanny is responsible for, or changes in the health condition of an elder that require a home care worker to perform extra duties.
How do I raise the topic of a written agreement?
Whether you are a domestic worker or an employer, these sample email and SMS messages can help you raise the topic of a written agreement.
Via text:
Hi (insert name)!
I am reaching out because I would like to create a written agreement to formalize our working relationship. This can help us get on the same page about how the work that will be done and what our expectations are for each other. The Department of Labor recently released sample agreements for domestic workers that we can use. You can review the sample agreements here: (ndwa.us/contracts-msg) Please let me know when would be a good time for us to meet.
Via email:
Dear (insert name),
I am reaching out because I would like to create a written agreement to formalize our working relationship. This can help us get on the same page about how the work will be done and what our expectations are for each other. The Department of Labor recently released sample agreements for employers and domestic workers that we can use. You can review the sample agreements here: (ndwa.us/contracts-msg)
I’d love to discuss it with you and create a written agreement that works for us all. Please let me know when would be a good time for us to meet.
How can nannies, house cleaners, and home care workers get more support for creating contracts?
It can be hard to know how to approach your employer and request a written agreement! All nannies, home care workers and house cleaners are invited to join the National Domestic Workers Alliance (NDWA) for workshops over Zoom that can help you get ready to have the conversation.
Sign up here and we’ll invite you to our upcoming workshops.
Frequently asked questions (F.A.Q.s) about domestic work written agreements
Am I required to have a written agreement?In the states of Massachusetts , Nevada and Connecticut , as well as in the cities of Philadelphia , Washington DC and Chicago , domestic workers and employers are required to have a written agreement under the terms of local and state Domestic Workers Bills of Rights. In other parts of the country, domestic workers and employers are advocating to expand this mandate . Whether or not you live in a location where the agreement is mandated, having one is a good idea!
What are the risks of not having a contract?Not having a contract can cause problems for both employers and workers. Miscommunications can arise about responsibilities, schedules, and other expectations. With a written agreement, domestic work jobs can be safer, fairer, and a better experience for everyone.
Is a verbal contract enough?While a verbal contract may be legally binding in some situations, it is generally not advisable to rely solely on verbal agreements, especially in the context of domestic employment.
Can I have a contract for a part-time job? Can I have a contract for a temporary job? I started my job a while ago and never signed a written agreement. Is it too late to sign one now?No! While having a contract in place from the beginning of employment is generally preferable, it’s not uncommon for employment agreements to be finalized and signed after the start date. It’s never too late.
If I sign an agreement for a particular wage and job description, will I be able to negotiate for a raise or better conditions later on?
Yes! It is common to revisit a contract annually. The annual contract review can be a good time for domestic workers and employers to evaluate the working relationship together and talk about what’s working and what can be improved. This can be a good time to ask for a raise or request improvements to working conditions.
If I sign an agreement, will I be laid off when the agreement ends?Not all agreements have fixed end dates. A good, written agreement lays out expectations of how either the worker or the employer can end the employment relationship fairly and with sufficient notice.
What happens if I sign a contract for less than what I’m entitled to under the law?Regardless of contracts, employers are required to comply with local, state and federal labor laws. Employers cannot use a contract to violate the law and your rights under the law. Even if you have signed a contract for less than what you are entitled to under the local, state and federal laws, you have a right to enforce what you are entitled to under the law.
Things are going well in our employment relationship. Why do we need a written agreement?When things are going well is actually a perfect time to put agreements into writing. The written agreement can be a way to document the terms of your successful working relationship, and also establish clarity on what you will do if a disagreement ever arises.
What should we do if we don’t speak the same language?Language barriers between domestic workers and employers can pose a challenge when discussing a written agreement, but they are not insurmountable. Consider using an online translator, seeking assistance from bilingual friends or family members, using simple language, or incorporating visual aids. Never rush to sign something that you don’t understand!
What are good practices to follow when drafting a fair contract for domestic work?See the Department of Labor website for recommendations on good practices to follow when drafting a domestic work agreement.
How do I learn more about my legal rights and responsibilities?The rights of domestic workers vary from state to state. We recommend that you consult a local domestic worker organization to learn about local laws and regulations.
I have more questions about written agreements for domestic workers! How can I ask them?Send us your questions and we will add to this list of FAQs! You can submit questions using this form.
What else can domestic employers do to support domestic workers?
Employers of nannies, home care workers and housecleaners can join Hand in Hand: The Domestic Employers Network . Hand in Hand supports employers of nannies, housecleaners, home care workers, and attendants, along with their families and allies, helping them recognize that homes are workplaces and ensuring that domestic work jobs are good jobs. The organization also organizes individuals to advocate for dignity and fairness for domestic workers and strives to secure public investment in care for families, people with disabilities, and older adults.
How can I stay up to date about domestic worker written agreements?
To stay up to date about domestic worker written agreements and other news for domestic workers, follow us on social media or sign up below for our email and SMS lists .
