Omugwo | Trusted Infant, Mother, Elderly, and Postnatal Care Services in Nigeria

Caregiver request form

Title

Sex

Full Name (Surname First)

Address

Address Where Job Will Be Done (If Different)

Closest Bus Stop/Landmark

Profession

Phone Number

Email Address

Emergency Contact Number

Gender of Employee Needed

Nature of Services Required

Infant Care Post Natal Care Child Care Care for the Elderly Corporate Care Care for Special Needs Executive Domestic Assistant Hospital Support Staff

Number of Children & Age

Size of Your Home/Apartment/Space

Roles of the Staff e.g cleaning, housekeeping, care for children, etc.

For care for the elderly, kindly state what is expected from the caregiver and also the medical condition of the person(s) to be cared for

Caregiver Needed

Live-in caregiver Daily caregiver Au Pair

Preferences

I accept terms of service

Terms of Service

AGREED TERMS:

1. INTERPRETATION

The definitions and rules of interpretation in this clause shall apply to this Agreement.

Actual vacancy *the company’s vacant positions

Agreement *this contract between the company and the client for the provision of the services outlined herein;

in the client’s detail forms; and other platforms specified by the company;

which incorporates each Notice of fees and Conditions of Service.

Announced vacancy *one or more vacancies published or otherwise advertised by the company for the recruitment of its caregivers

Assignment *shall have the meaning set out in the scope of services in this agreement

Caregiver *a worker, male or female;

employed by the company to provide services in the home, school, office or other place designated by the company for the client.

Delayed payment *payment made outside or exceeding the date specified by the company in the Notice of Fees or other similar documents

Extended Assignment *refers to any chore or task extending beyond the normal/regular hours of work;

and including tasks that fall outside the scope of the company’s operations.

Nanny *female or male worker employed by the company to provide services in the home, school, office or other place designated by the company for the client.

Shall where the context so admits, also be referred to as “ Caregiver ” or “ Executive Domestic Assistant ”.

Notice of fees *the document(s) or other correspondence supplied to the client setting out the fees payable for the services;

as amended or reviewed from time to time.

For the purpose of this agreement, this Notice of Fees shall also be referred to as ‘Notice of payment’.

Screening *all vetting, medical checks and verification of legal documents, references and other documents specified by the company

Clauses, schedules and paragraph headings, shall not affect the interpretation of this agreement.

Reference to “ the Company ” shall mean the caregiver’s employer – Omugwo.com.ng Services limited .

Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, include the singular.

2. SERVICES

The company acts as the employer for caregivers.

The company agrees to screen, vet, and recruit caregivers, for the purposes stated in the client detail form and other correspondences incidental thereto.

After receiving notification or advice from the client, requesting for a caregiver/nanny, the company agrees to give the caregiver to the client – after all legal and other protocol have been duly followed.

The scope of work permitted under the caregiver’s contract of employment, client detail form or other similar correspondence shall serve as a binding, enforceable contract for all interested parties – the company, client and caregiver.

Unless expressly agreed between the company and client, there shall be no extra hours, extra days of work or extended assignments for the caregiver outside that agreed between the company and client.

For the purpose of this agreement, extended assignments refer to any other task or chore carried out by the caregiver for the client – that falls outside the terms of this agreement and other documents incidental thereto.

Extended assignments and other services not agreed upon between the company and client on the one hand;

and the company and caregiver on the other hand, are expressly prohibited.

3. WORKING HOURS/HOURS OF WORK

The hours and days of work for each caregiver/nanny shall vary;

and depend wholly on the nature of services that would be rendered by that caregiver, that is to say;

daily (part-time); daily (full-time); weekend; live-in or au-pair caregivers.

3.1 In the case of a part-time DAILY caregiver;

the normal resumption time shall be 7am, and closing time, 10am or 12noon etc.;

depending on pre-existing arrangements between the Company and the Client on the one hand;

and the Company and the Caregiver on the other hand.

3.2 In the case of a full-time DAILY caregiver;

the normal resumption time shall be 7am, and closing time, 5pm.

3.3 Notwithstanding the foregoing, the hours of work shall be altered by the Company, in any circumstance where it deems fit/necessary;

and with prior notification to the Client and Caregiver concerned.

3.4 In the case of a full-time daily Caregiver/Nanny, there shall be time allowed for a short break/rest on the days of work/engagement.

For a full-time daily Caregiver working 5hours, the time allowed shall be 30minutes.
For a full-time daily Caregiver working 6hours, the time allowed shall be 45minutes.
For a full-time daily Caregiver working 8-9hours, the time allowed shall be 1hour.
The clock hour allowed for these short breaks/rest, shall be agreed upon between the Company and the Client at the first instance;
but can be altered from time to time with the private arrangements between the Client and the Caregiver in question.

3.5 For LIVE IN caregivers, the work hours will be agreed upon by the client and the company.

The work hours in 3.1 and 3.2 , does not apply to live-in caregivers.

However, they are also entitled to break periods in the course of their work daily, a minimum of an hour break.

4. PAYMENTS, REFUNDS AND EXCEPTIONS

PART PAYMENT, LATE PAYMENT AND DEFAULT IN PAYMENT

Unless otherwise stated by the company, the services of the caregiver shall be paid in full;

in one single payment – depending on whether it is a daily, weekly, monthly or au pair service.

The company shall not accept part payments or payments in installment – unless expressly demanded by the company.

Payment for any and all service(s) is pre-paid.

Where a notice of payment has been made by the company to the client, the client is expected to make payment within two days from the date of the notice.

Where there are circumstances that make payment impossible within 24hours (1day) from the day of the notice of payment, the client shall inform the company immediately;

and other/alternative arrangements will be made in the circumstance.

The company shall not accept any willful default in payment for its services.

For the purpose of clarity, willful delay in making payment, two days after the notice of payment shall be treated as late payment.

However, where this delay continues for five days (weekends and weekdays inclusive), without a notice from the client, of any hindering circumstances, it shall be treated by the company as a default in payment.

Where there is default in payment that extends up to five days (weekends inclusive), the Company reserves the right to suspend its services with the client, without any further notice.

REGISTRATION AND SUBSCRIPTION FEE PAYMENTS

The Company undertakes to provide a Caregiver/Nanny/Executive Domestic Assistant for the Client, after a registration fee or fees have been paid by the client and received by the Company.

The registration fees referred to herein, include all charges incidental to securing the medical training; medical screening;

police vetting and verification and/or other costs necessary to prepare the nanny/caregiver for work at every given point in time.

In due consideration of any other underlying arrangement, the said caregiver shall be provided, and transported to the Client’s residence;

place of work or other designated area agreed upon by the Company and the Client.

All transport costs incidental to sending and receiving the said Caregiver shall be borne by the Client.

NOTE ALSO, that where a caregiver is requested by a client, and is to appear outside any of the Company’s offices or designated areas (for instance, the Client’s home or office) for the purpose of having a first interaction and face-to-face interview with the Client;

the cost of transportation shall be borne by the Client.

NOTE FURTHER, that as per the registration fees stipulated in clauses (i) and (ii) above;

wherever before the expiration of the tenure of one subscription, a new/different caregiver is requested by a Client, (that is, a Caregiver besides the one first subscribed for and engaged to work), in cases where the Company determines have arisen independent of the Company or Caregiver’s making, the Client shall be required to pay a sum to cover the medical screening;

police vetting and training fees for the second (new or subsequent) caregiver(s).

PROVIDED HOWEVER that these new fees shall be waived, in the event that the Company, after due investigation finds that the new arrangement was occasioned by the Caregiver’s own act or omission.

PROVIDED ALSO that Clients may elect to do any further medical screening at their own instance.

Where more vetting and/or screening tests are being requested by Clients (in addition to the tests already prescribed and completed by the Company), Clients shall be required to pay in full for any such additional tests.

Monthly payment/ subscription fee for the service(s)shall be agreed upon by the Company and the Client before, the company deploys the services of her caregiver/nanny to the client.

NOTE ALSO that the company will be responsible for paying her employee(s) their salary from the subscription fee paid by the clients.

The salary of the employee is agreed upon by the Company and its employee and this does not have anything to do with the client.

The Company’s responsibility to the client is to provide the service(s) requested for, by the Client and the monthly payment /subscription paid by the client is for the company to render that service.

PERIODIC INCREMENT IN CLIENT FEES AND NOTICE OF INCREMENT

The Company reserves the right to review, and where it deems necessary, increase the fees payable by its Clients for the services of a Caregiver or more.

Where this is the case, the Client shall be duly informed in writing, with at least a month’s notice of such increment.

SUBSCRIPTION FEE REFUNDS

In the event that the Company is unable to supply the Caregiver/Nanny/Executive Domestic Assistant for the Client within 7-14 working days of the receipt of subscription fees, the Client shall be entitled to a full refund of his or her fees;

should the default or delay in providing the Caregiver be occasioned by the Company.

However, the Client shall be entitled to a 50% (Fifty Percent) or part refund where the default in the Caregiver’s appearance for work is occasioned by the Client’s own delay, action or inaction, given the circumstances.

In all cases where a part refund is given to the Client, the balance shall be used to recover costs and indemnify the company against all medical screening;

medical training and police vetting costs incurred by it, on behalf of the Caregiver in question.

PROVIDED ALSO that it is neither the Company nor Caregiver’s fault, acts or omissions that lead to a shorter tenure of contract, the Client shall not be entitled to receiving a refund for his or her subscription fees after the Caregiver has been engaged but the time (days, months) subscribed for work has not been fully determined.

In the event that a refund is declined, the Client shall be entitled to appeal for redress and a review of such decision before the Company’s Special Complaints Department;

such as would be resolved and determined within 10-14 working days of receiving the appeal by the Company’s Special Complaints Department.

NOTIFICATION OF EXCEPTIONAL CIRCUMSTANCES

Where accidents, emergencies or other circumstances beyond the caregiver and client’s control occur, there shall be a leeway permitting extra work time.

In such circumstances, the company and client shall negotiate for additional payment or charges to cover this extra assignments or extra hour of work.

The client is not allowed/permitted to enter into any form of agreement or negotiations with the caregiver.

For the purpose of this contract and services incidental thereto; all negotiations before, relating to;

and after the termination of service, shall be done by the company, solely.

All activities carried out between the client and caregiver after the termination of the caregiver’s contract of employment;

shall be the sole concern of the client.

In cases of termination of contract between the company and the caregiver, the client shall be clearly and duly informed.

In the event that the client carries on with the caregiver – after the caregiver’s contract is expressly terminated;

all previous arrangements relating to medical; legal screening or other vetting carried out by the company shall cease to be valid.

PERMISSION TO VISIT THE COMPANY/LEAVE TO TRAVEL

The client agrees to release the caregiver/nanny to make visits to the company in order to update the caregiver’s personal details regularly;

attend periodic training sessions at the company; and in order for the company to carry on periodic vetting/screening on the caregiver.

In any event where the attention of the caregiver/nanny is required, the client shall be duly notified at least 7 days prior.

In the case of a live-in or au pair caregiver, the client agrees to release the caregiver/nanny to go on leave for a minimum period of two weeks in a year – or such days to be agreed upon between the company and client;

and company and nanny.

This can be split into a weekend every month, 3 days every 2 months, 1 week every 6months or any other arrangement as agreed upon by all the parties involved etc. PLEASE NOTE, this is very important.

All live in nannies are entitled to have Sundays for Christians from 9am -2pm as work free times, Fridays for Muslims;

9am -2pm as work free times.

This will enable them attend their places of worship and be back by 4pm latest.

For other religions, they are also allowed same period to practice their religion.

The client is not permitted to release the nanny/caregiver on a holiday or leave, without the consent of the company duly sought and obtained.

9. CONFIDENTIALITY

Neither party shall during and after termination of this agreement, without the prior written consent of the other party, use or disclose to any other person any information of the other party which is identified as confidential or which is confidential by its nature.

Each party shall on demand and on termination of this agreement surrender to the Client all materials relating to, or covering any such confidential information in his personal (or representative) possession.

10. POACHING OUR CAREGIVERS

10.1 Clients are advised and warned to refrain from going behind the Company to ask her caregivers to come and work for them separately, without informing the Company.

It is a breach of the contract between the Company and the client.

If this occurs, the Client will keep paying the agreed monthly subscription/fee for the service to the company for as long as the caregiver works for them, their friends, their relatives or whomsoever the client may have contracted the caregiver for and the company will not be liable for the actions of the caregiver, as the agreement has already been breached.

11. TERMINATION OF CONTRACT

As per the terms of this contract; the client detail forms and other contracts incidental thereto, the following shall serve as grounds for the termination of this contract of service between the company and client:

11.1 Where the client subjects the caregiver to ill-treatment;

maltreatment, and or torture of any form.

Such acts of torture include (but not limited to);

flogging, beating, any other form of physical abuse; rape or any other form of sexual harassment, etc.

Molestation of any form, by our client on our caregiver shall not be permitted and where such incidences occur, we shall not hesitate to take up appropriate legal actions.

11.3 Willful and persistent refusal by the client to make payment for services rendered by the company shall also be a ground for the termination of this contract of service.

*NOTE FURTHER , that SAVE in the event of a criminal or other allied investigation by law enforcement agencies;

in response to an order of court; declaration or judgment, all clients’ details and personal information are being held in confidence by Omugwo.com.ng and will not be divulged or disclosed to any third party, for business, personal or other purposes

Caregiver request form

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