Ma. Jean B.

Castaeda Page 1

CASTAEDA, MA. JEAN B.
Labor Standards and Social Legislation

------------------------------------------------------------------------------------------------------
Comparative Discussion on Kasambahay Law
vis--vis Labor Code provisions on Househelpers
------------------------------------------------------------------------------------------------------


Recovery/Claims

R.A. 10361 no mention

P.D. 442
Book 3, Title 2, Chapter VI
Art. 129. Recovery of wages, simple money claims and other benefits.
Upon complaint of any interested party, the Regional Director of the Department of
Labor and Employment or any of the duly authorized hearing officers of the Department
is empowered, through summary proceeding and after due notice, to hear and decide
any matter involving the recovery of wages and other monetary claims and benefits,
including legal interest, owing to an employee or person employed in domestic or
household service or househelper under this Code, arising from employer-employee
relations: Provided, That such complaint does not include a claim for reinstatement:
Provided further, That the aggregate money claims of each employee or househelper
does not exceed Five thousand pesos (P5,000.00). The Regional Director or hearing
officer shall decide or resolve the complaint within thirty (30) calendar days from the
date of the filing of the same. Any sum thus recovered on behalf of any employee or
househelper pursuant to this Article shall be held in a special deposit account by, and
shall be paid on order of, the Secretary of Labor and Employment or the Regional
Director directly to the employee or househelper concerned. Any such sum not paid to
the employee or househelper because he cannot be located after diligent and reasonable
effort to locate him within a period of three (3) years, shall be held as a special fund of
the Department of Labor and Employment to be used exclusively for the amelioration
and benefit of workers.
Any decision or resolution of the Regional Director or hearing officer pursuant to this
provision may be appealed on the same grounds provided in Article 223 of this Code,
within five (5) calendar days from receipt of a copy of said decision or resolution, to the
National Labor Relations Commission which shall resolve the appeal within ten (10)
calendar days from the submission of the last pleading required or allowed under its
rules.
The Secretary of Labor and Employment or his duly authorized representative may
supervise the payment of unpaid wages and other monetary claims and benefits,
including legal interest, found owing to any employee or househelper under this
Code. (As amended by Section 2, Republic Act No. 6715, March 21, 1989)


Ma. Jean B. Castaeda Page 2

IRR P.D. 442
BOOK 3, RULE XI
SECTION 1. Recovery of wages, simple money claims and other benefits. (a) The
Regional Director or any duly authorized Hearing Officer of the Department of Labor
and Employment shall have the power through summary proceedings and after due
notice to hear and decide any complaint involving the recovery of wages and other
monetary claims and benefits, including legal interest, owing to an employee or person,
employed in domestic or household service or househelper arising from employer-
employee relations; Provided, that such complaint does not include a claim for
reinstatement and; Provided, further, that the aggregate money claims of each employee
or househelper does not exceed five thousand pesos (P5,000.00), inclusive of legal
interest.
(b) When the claims of two or more claimants, each not exceeding five thousand pesos
(P5,000.00), arising out of or involving the same cause of action and against the same
respondent, are subject of separate complaints, the complaints may, upon motion or
either party, be consolidated into one for purposes of the hearing and reception of
evidence.
(c) When the evidence shows that the claim amounts to more than five thousand pesos
(P5,000.00), the Regional Director or Hearing Officer shall advise the complainant to
amend the complaint if the latter so desires and file the same with the appropriate
regional branch of the National Labor Relations Commission.

SECTION 3. Any sum recovered on behalf of an employee or househelper pursuant to
this Rule shall be held in a special deposit account by, and shall be paid, on order of the
Secretary of Labor and Employment or the Regional Director, directly to the employee
or househelper concerned or to his heirs, successors or assigns. Any such sum not paid
to the employee or househelper, because he cannot be located after diligent and
reasonable effort to locate him within a period of three (3) years, shall be held as a
special fund of the Department of Labor and Employment to be used exclusively for the
amelioration and benefit of workers: Provided, however, that thirty (30) calendar days
before any sum is turned over to the fund, a notice of entitlement shall be posted
conspicuously in at least two (2) public places in the locality where he is last known to
have resided.c
The Secretary of Labor and Employment or his duly authorized representative may
supervise the payment of unpaid wages and other monetary claims and benefits,
including legal interests, found owing to any employee or househelper.

Coverage

R.A. 10361
SEC. 3. Coverage. This Act applies to all domestic workers employed and working
within the country.


P.D. 442
Book 3, Title 3, Chapter 3 EMPLOYMENT OF HOUSEHELPERS
Ma. Jean B. Castaeda Page 3

Art. 141. Coverage. This Chapter shall apply to all persons rendering services in
households for compensation.
"Domestic or household service" shall mean service in the employers home which is
usually necessary or desirable for the maintenance and enjoyment thereof and includes
ministering to the personal comfort and convenience of the members of the employers
household, including services of family drivers.


IRR P.D. 442

RULE XIII
Employment of Househelpers
SECTION 1. General statement on coverage. (a) The provisions of this Rule shall
apply to all househelpers whether employed on full or part-time basis.cralaw
(b) The term "househelper" as used herein is synonymous to the term "domestic
servant" and shall refer to any person, whether male or female, who renders services in
and about the employer's home and which services are usually necessary or desirable for
the maintenance and enjoyment thereof, and ministers exclusively to the personal
comfort and enjoyment of the employer's family.

SECTION 2. Method of payment not determinant. The provisions of this Rule shall
apply irrespective of the method of payment of wages agreed upon by the employer and
househelper, whether it be hourly, daily, weekly, or monthly, or by piece or output basis.

SECTION 3. Children of househelpers. The children and relatives of a househelper
who live under the employer's roof and who share the accommodations provided for the
househelpers by the employer shall not be deemed as househelpers if they are not
otherwise engaged as such and are not required to perform any substantial household
work.

Duration of Contract

R.A. 10361

P.D. 442
Art. 142. Contract of domestic service. The original contract of domestic service
shall not last for more than two (2) years but it may be renewed for such periods as may
be agreed upon by the parties.

IRR P.D. 442
SECTION 4. Employment contract. The initial contract for household service shall
not last for more than two (2) years. However, such contract may be renewed from year
to year.


Minimum Wage

Ma. Jean B. Castaeda Page 4

R.A. 10361

P.D. 442
Art. 143. Minimum wage.
Househelpers shall be paid the following minimum wage rates:

Eight hundred pesos (P800.00) a month for househelpers in Manila, Quezon, Pasay,
and Caloocan cities and municipalities of Makati, San Juan, Mandaluyong, Muntinlupa,
Navotas, Malabon, Paraaque, Las Pias, Pasig, Marikina, Valenzuela, Taguig and
Pateros in Metro Manila and in highly urbanized cities;

Six hundred fifty pesos (P650.00) a month for those in other chartered cities and first-
class municipalities; and

Five hundred fifty pesos (P550.00) a month for those in other municipalities.
Provided, That the employers shall review the employment contracts of their
househelpers every three (3) years with the end in view of improving the terms and
conditions thereof.
Provided, further, That those househelpers who are receiving at least One thousand
pesos (P1,000.00) shall be covered by the Social Security System (SSS) and be entitled
to all the benefits provided thereunder. (As amended by Republic Act No. 7655, August
19, 1993)

IRR P.D. 442
SECTION 5. Minimum monthly wage. The minimum compensation of househelpers
shall not be less than the following rates:
(a) Sixty pesos (P60.00) a month for those employed in the cities of Manila, Quezon,
Pasay and Caloocan, and in the municipalities of Makati, San Juan, Mandaluyong,
Muntinlupa, Navotas, Malabon, Paraaque, Las Pias, Pasig and Marikina, in the
Province of Rizal.
(b) Forty-five pesos (P45.00) a month for those employed in other chartered cities and
first class municipalities; and
(c) Thirty pesos (P30.00) a month for those in other municipalities.
SECTION 6. Equivalent daily rate. The equivalent minimum daily wage rate of
househelpers shall be determined by dividing the applicable minimum monthly rate by
thirty (30) days.
SECTION 7. Payment by results. Where the method of payment of wages agreed upon
by the employer and the househelper is by piece or output basis, the piece or output
rates shall be such as will assure the househelper of the minimum monthly or the
equivalent daily rate as provided in this issuance.


Minimum Cash Wage

R.A. 10361
SEC 24. Minimum Wage. The minimum wage of domestic workers shall not be less
than the following:
Ma. Jean B. Castaeda Page 5

(a) Two thousand five hundred pesos (P2,500.00) a month for those employed in the
National Capital Region (NCR);
(b) Two thousand pesos (P2,000.00) a month for those employed in chartered cities and
first class municipalities; and
(c) One thousand five hundred pesos (P1,500.00) a month for those employed in other
municipalities.

After one (1) year from the effectivity of this Act, and periodically thereafter, the
Regional Tripartite and Productivity Wage Boards (RTPWBs) shall review, and if
proper, determine and adjust the minimum wage rates of domestic workers.

P.D. 442
Art. 144. Minimum cash wage. The minimum wage rates prescribed under this
Chapter shall be the basic cash wages which shall be paid to the househelpers in
addition to lodging, food and medical attendance.


IRR P.D. 442

SECTION 8. Minimum cash wage. The minimum wage rates prescribed under this
Rule shall be basic cash wages which shall be paid to the househelpers in addition to
lodging, food and medical attendance.

Time and Manner of Payment

R.A. 10361
SEC 25. Payment of Wages. Payment of wages shall be made on time directly to the
domestic worker to whom they are due in cash at least once a month. The employer,
unless allowed by the domestic worker through a written consent, shall make no
deductions from the wages other than that which is mandated by law. No employer shall
pay the wages of a domestic worker by means of promissory notes, vouchers, coupons,
tokens, tickets, chits, or any object other than the cash wage as provided for under this
Act.

The domestic worker is entitled to a thirteenth month pay as provided for by law.

P.D. 442

IRR P.D. 442
SECTION 9. Time and manner of payment. Wages shall be paid directly to the
househelper to whom they are due at least once a month. No deductions therefrom shall
be made by the employer unless authorized by the househelper himself or by existing
laws.

Assignment to Non-Household Work

R.A. 10361
Ma. Jean B. Castaeda Page 6

SEC. 22. Assignment to Nonhousehold Work. No domestic worker shall be assigned to
work in a commercial, industrial or agricultural enterprise at a wage rate lower than that
provided for agricultural or nonagricultural workers. In such cases, the domestic worker
shall be paid the applicable minimum wage.


P.D. 442
Art. 145. Assignment to non-household work. No househelper shall be assigned
to work in a commercial, industrial or agricultural enterprise at a wage or salary rate
lower than that provided for agricultural or non-agricultural workers as prescribed
herein.


IRR P.D. 442
SECTION 10. Assignment to non-household work. No househelper shall be assigned
to work in a commercial, industrial or agricultural enterprise at a wage or salary rate
lower than that provided for agricultural and non-agricultural workers.

Opportunity for Education

R.A. 10361
SEC. 9. Right to Education and Training. The employer shall afford the domestic
worker the opportunity to finish basic education and may allow access to alternative
learning systems and, as far as practicable, higher education or technical and vocational
training. The employer shall adjust the work schedule of the domestic worker to allow
such access to education or training without hampering the services required by the
employer.


P.D. 442
Art. 146. Opportunity for education. If the househelper is under the age of
eighteen (18) years, the employer shall give him or her an opportunity for at least
elementary education. The cost of education shall be part of the househelpers
compensation, unless there is a stipulation to the contrary

IRR P.D. 442
SECTION 11. Opportunity for education. If the househelper is under the age of
eighteen (18) years, the employer shall give him or her an opportunity for at least
elementary education. The cost of such education shall be part of the househelper's
compensation, unless there is a stipulation to the contrary.

Treatment of Househelpers

R.A. 10361
SEC. 5. Standard of Treatment. The employer or any member of the household shall
not subject a domestic worker or kasambahay to any kind of abuse nor inflict any form
Ma. Jean B. Castaeda Page 7

of physical violence or harassment or any act tending to degrade the dignity of a
domestic worker.

P.D. 442
Art. 147. Treatment of househelpers. The employer shall treat the househelper in a
just and humane manner. In no case shall physical violence be used upon the
househelper.

IRR P.D. 442
SECTION 12. Treatment of househelpers. The employer shall treat the househelper in
a just and humane manner. In no case shall physical violence be inflicted upon the
househelper.

Board, Lodging, and Medical Attendance

R.A. 10361
SEC. 6. Board, Lodging and Medical Attendance. The employer shall provide for the
basic necessities of the domestic worker to include at least three (3) adequate meals a
day and humane sleeping arrangements that ensure safety.

The employer shall provide appropriate rest and assistance to the domestic worker in
case of illnesses and injuries sustained during service without loss of benefits.At no
instance shall the employer withdraw or hold in abeyance the provision of these basic
necessities as punishment or disciplinary action to the domestic worker.

P.D. 442
Art. 148. Board, lodging, and medical attendance. The employer shall furnish
the househelper, free of charge, suitable and sanitary living quarters as well as adequate
food and medical attendance.

IRR P.D. 442
SECTION 13. Board, lodging and medical attendance. The employer shall furnish the
househelper free suitable and sanitary living quarters as well as adequate food and
medical attendance.

Indemnity for Unjust Termination of Services
R.A. 10361
none

P.D. 442
Art. 149. Indemnity for unjust termination of services. If the period of
household service is fixed, neither the employer nor the househelper may terminate the
contract before the expiration of the term, except for a just cause. If the househelper is
unjustly dismissed, he or she shall be paid the compensation already earned plus that
for fifteen (15) days by way of indemnity.
If the househelper leaves without justifiable reason, he or she shall forfeit any unpaid
salary due him or her not exceeding fifteen (15) days.
Ma. Jean B. Castaeda Page 8


IRR P.D. 442
SECTION 14. Indemnity for unjust termination of service. If the period for household
service is fixed, neither the employer nor the househelper may terminate the contract
before the expiration of the term, except for a just cause. If the househelper is unjustly
dismissed, he or she shall be paid the compensation already earned plus that for fifteen
(15) days by way of indemnity.
If the househelper leaves without justifiable reason, he or she shall forfeit any unpaid
salary due him or her not exceeding fifteen (15) days.


Service of Termination Notice

R.A. 10361
None

P.D. 442
Art. 150. Service of termination notice. If the duration of the household service is
not determined either in stipulation or by the nature of the service, the employer or the
househelper may give notice to put an end to the relationship five (5) days before the
intended termination of the service.

IRR P.D. 442
none

Employment Certification

R.A. 10361
SEC. 35. Employment Certification. Upon the severance of the employment
relationship, the employer shall issue the domestic worker within five (5) days from
request a certificate of employment indicating the nature, duration of the service and
work performance.

P.D. 442
Art. 151. Employment certification. Upon the severance of the household service
relation, the employer shall give the househelper a written statement of the nature and
duration of the service and his or her efficiency and conduct as househelper.

IRR P.D. 442
SECTION 15. Employment certification. Upon the severance of the household service
relationship, the househelper may demand from the employer a written statement of the
nature and duration of the service and his or her efficiency and conduct as househelper.





Ma. Jean B. Castaeda Page 9

Employment Record

R.A. 10361

P.D. 442
Art. 152. Employment record. The employer may keep such records as he may
deem necessary to reflect the actual terms and conditions of employment of his
househelper, which the latter shall authenticate by signature or thumbmark upon
request of the employer.


IRR P.D. 442
SECTION 18. Employment records. The employer may keep such records as he may
deem necessary to reflect the actual terms and conditions of employment of his
househelper which the latter shall authenticate by signature or thumbmark upon
request of the employer.

Funeral Expenses

R.A. 10361

P.D. 442

IRR P.D. 442
SECTION 16. Funeral expenses. In case of death of the househelper, the employer
shall bear the funeral expenses commensurate to the standards of life of the deceased.


Disposition of Househelpers Body

R.A. 10361

P.D. 442

IRR P.D. 442
SECTION 17. Disposition of the househelpers body. Unless so desired by the
househelper or by his or her guardian with court approval, the transfer or use of the
body of the deceased househelper for purposes other than burial is prohibited. When so
authorized by the househelper, the transfer, use and disposition of the body shall be in
accordance with the provisions of Republic Act No. 349.

Prohibited Reduction Pay

R.A. 10361
SEC. 41. Transitory Provision; Non-Diminution of Benefits. All existing arrangements
between a domestic worker and the employer shall be adjusted to conform to the
minimum standards set by this Act within a period of sixty (60) days after the effectivity
Ma. Jean B. Castaeda Page 10

of this Act:Provided, That adjustments pertaining to wages shall take effect immediately
after the determination and issuance of the appropriate wage order by the RTWPBs:
Provided, further, That nothing in this Act shall be construed to cause the diminution or
substitution of any benefits and privileges currently enjoyed by the domestic worker
hired directly or through an agency.

P.D. 442

IRR P.D. 442
SECTION 19. Prohibited reduction of pay. When the compensation of the
househelper before the promulgation of these regulations is higher than that prescribed
in the Code and in this issuance, the same shall not be reduced or diminished by the
employer on or after said date.



Relation to other laws and agreements

R.A. 10361

P.D. 442

IRR P.D. 442
SECTION 20. Relation to other laws and agreements. Nothing in this Rule shall
deprive a househelper of the right to seek higher wages, shorter working hours and
better working conditions than those prescribed herein, nor justify an employer in
reducing any benefit or privilege granted to the househelper under existing laws,
agreements or voluntary employer practices with terms more favorable to the
househelpers than those prescribed in this Rule.

Guarantee of Privacy

R.A. 10361
SEC. 7. Guarantee of Privacy. Respect for the privacy of the domestic worker shall be
guaranteed at all times and shall extend to all forms of communication and personal
effects. This guarantee equally recognizes that the domestic worker is obliged to render
satisfactory service at all times.

P.D. 442

IRR P.D. 442


Access to Outside Communication

R.A. 10361
Ma. Jean B. Castaeda Page 11

SEC. 8. Access to Outside Communication. The employer shall grant the domestic
worker access to outside communication during free time: Provided, That in case of
emergency, access to communication shall be granted even during work time. Should
the domestic worker make use of the employers telephone or other communication
facilities, the costs shall be borne by the domestic worker, unless such charges are
waived by the employer.

P.D. 442

IRR P.D. 442


Prohibition against Privileged Information

R.A. 10361
SEC. 10. Prohibition Against Privileged Information. All communication and
information pertaining to the employer or members of the household shall be treated as
privileged and confidential, and shall not be publicly disclosed by the domestic worker
during and after employment. Such privileged information shall be inadmissible in
evidence except when the suit involves the employer or any member of the household in
a crime against persons, property, personal liberty and security, and chastity.

P.D. 442

IRR P.D. 442

PRE-EMPLOYMENT
R.A. 10361
SEC. 11. Employment Contract. An employment contract shall be executed by and
between the domestic worker and the employer before the commencement of the service
in a language or dialect understood by both the domestic worker and the employer. The
domestic worker shall be provided a copy of the duly signed employment contract which
must include the following:
(a) Duties and responsibilities of the domestic worker;
(b) Period of employment;
(c) Compensation;
(d) Authorized deductions;
(e) Hours of work and proportionate additional payment;
(f) Rest days and allowable leaves;
(g) Board, lodging and medical attention;
(h) Agreements on deployment expenses, if any;
(i) Loan agreement;
(j) Termination of employment; and
(k) Any other lawful condition agreed upon by both parties.
The Department of Labor and Employment (DOLE) shall develop a model employment
contract for domestic workers which shall, at all times, be made available free of charge
Ma. Jean B. Castaeda Page 12

to domestic workers, employers, representative organizations and the general public.
The DOLE shall widely disseminate information to domestic workers and employers on
the use of such model employment contract.
In cases where the employment of the domestic worker is facilitated through a private
employment agency, the PEA shall keep a copy of all employment contracts of domestic
workers and shall be made available for verification and inspection by the DOLE.
SEC. 12. Pre-Employment Requirement. Prior to the execution of the employment
contract, the employer may require the following from the domestic worker:
(a) Medical certificate or a health certificate issued by a local government health officer;
(b) Barangay and police clearance;
(c) National Bureau of Investigation (NBI) clearance; and
(d) Duly authenticated birth certificate or if not available, any other document showing
the age of the domestic worker such as voters identification card, baptismal record or
passport.

However, Section 12(a), (b), (c) and (d) shall be standard requirements when the
employment of the domestic worker is facilitated through the PEA.
The cost of the foregoing shall be borne by the prospective employer or agency, as the
case may be.
SEC. 13. Recruitment and Finders Fees. Regardless of whether the domestic worker
was hired through a private employment agency or a third party, no share in the
recruitment or finders fees shall be charged against the domestic worker by the said
private employment agency or third party.
SEC. 14. Deposits for Loss or Damage. It shall be unlawful for the employer or any
other person to require a domestic worker to make deposits from which deductions shall
be made for the reimbursement of loss or damage to tools, materials, furniture and
equipment in the household.
SEC. 15. Prohibition on Debt Bondage. It shall be unlawful for the employer or any
person acting on behalf of the employer to place the domestic worker under debt
bondage.
SEC. 16. Employment Age of Domestic Workers. It shall be unlawful to employ any
person below fifteen (15) years of age as a domestic worker. Employment of working
children, as defined under this Act, shall be subject to the provisionsof Section 10(A),
paragraph 2 of Section 12-A, paragraph 4 of Section 12-D, and Section 13 of Republic Act
No. 7610, as amended, otherwise known as the Special Protection of Children Against
Child Abuse, Exploitation and Discrimination Act.

Working children shall be entitled to minimum wage, and all benefits provided under
this Act.

Any employer who has been sentenced by a court of law of any offense against a working
child under this Act shall be meted out with a penalty one degree higher and shall be
prohibited from hiring a working child.
SEC. 17. Employers Reportorial Duties. The employers shall register all domestic
workers under their employment in the Registry of Domestic Workers in the barangay
where the employers residence is located. The Department of the Interior and Local
Ma. Jean B. Castaeda Page 13

Government (DILG) shall, in coordination with the DOLE, formulate a registration
system for this purpose.
SEC. 18. Skills Training, Assessment and Certification. To ensure productivity and
assure quality services, the DOLE, through the Technical Education and Skills
Development Authority (TESDA), shall facilitate access of domestic workers to efficient
training, assessment and certification based on a duly promulgated training regulation.

EMPLOYMENT

R.A. 10361
SEC. 19. Health and Safety. The employer shall safeguard the health and safety of the
domestic worker in accordance with laws, rules and regulations, with due consideration
of the peculiar nature of domestic work.

SEC. 20. Daily Rest Period. The domestic worker shall be entitled to an aggregate
daily rest period of eight (8) hours per day.

SEC. 21. Weekly Rest Period. The domestic worker shall be entitled to at least twenty-
four (24) consecutive hours of rest in a week. The employer and the domestic worker
shall agree in writing on the schedule of the weekly rest day of the domestic worker:
Provided, That the employer shall respect the preference of the domestic worker as to
the weekly rest day when such preference is based on religious grounds.
Nothing in this provision shall deprive the domestic worker and the employer from
agreeing to the following:
(a) Offsetting a day of absence with a particular rest day;
(b) Waiving a particular rest day in return for an equivalent daily rate of pay;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.

SEC. 23. Extent of Duty. The domestic worker and the employer may mutually agree
for the former to temporarily perform a task that is outside the latters household for the
benefit of another household. However, any liability that will be incurred by the
domestic worker on account of such arrangement shall be borne by the original
employer. In addition, such work performed outside the household shall entitle the
domestic worker to an additional payment of not less than the existing minimum wage
rate of a domestic worker. It shall be unlawful for the original employer to charge any
amount from the said household where the service of the domestic worker was
temporarily performed.

SEC. 26. Pay Slip. The employer shall at all times provide the domestic worker with a
copy of the pay slip containing the amount paid in cash every pay day, and indicating all
deductions made, if any. The copies of the pay slip shall be kept by the employer for a
period of three (3) years.

SEC. 27. Prohibition on Interference in the Disposal of Wages. It shall be unlawful for
the employer to interfere with the freedom of any domestic worker to dispose of the
latters wages. The employer shall not force, compel or oblige the domestic worker to
Ma. Jean B. Castaeda Page 14

purchase merchandise, commodities or other properties from the employer or from any
other person, or otherwise make use of any store or services of such employer or any
other person.

SEC 28. Prohibition Against Withholding of Wages. It shall be unlawful for an
employer, directly or indirectly, to withhold the wages of the domestic worker. If the
domestic worker leaves without any justifiable reason, any unpaid salary for a period
not exceeding fifteen (15) days shall be forfeited. Likewise, the employer shall not induce
the domestic worker to give up any part of the wages by force, stealth, intimidation,
threat or by any other means whatsoever.

SEC. 29. Leave Benefits. A domestic worker who has rendered at least one (1) year of
service shall be entitled to an annual service incentive leave of five (5) days with pay:
Provided, That any unused portion of said annual leave shall not be cumulative or
carried over to the succeeding years. Unused leaves shall not be convertible to cash.

SEC. 30. Social and Other Benefits. A domestic worker who has rendered at least one
(1) month of service shall be covered by the Social Security System (SSS), the Philippine
Health Insurance Corporation (PhilHealth), and the Home Development Mutual Fund
or Pag-IBIG, and shall be entitled to all the benefits in accordance with the pertinent
provisions provided by law.
Premium payments or contributions shall be shouldered by the employer. However, if
the domestic worker is receiving a wage of Five thousand pesos (P5,000.00) and above
per month, the domestic worker shall pay the proportionate share in the premium
payments or contributions, as provided by law.
The domestic worker shall be entitled to all other benefits under existing laws.

SEC. 31. Rescue and Rehabilitation of Abused Domestic Workers. Any abused or
exploited domestic worker shall be immediately rescued by a municipal or city social
welfare officer or a social welfare officer from the Department of Social Welfare and
Development (DSWD) in coordination with the concerned barangay officials. The
DSWD and the DILG shall develop a standard operating procedure for the rescue and
rehabilitation of abused domestic workers, and in coordination with the DOLE, for
possible subsequent job placement.

POST EMPLOYMENT

R.A. 10361
SEC. 32. Termination of Service. Neither the domestic worker nor the employer may
terminate the contract before the expiration of the term except for grounds provided for
in Sections 33 and 34 of this Act. If the domestic worker is unjustly dismissed, the
domestic worker shall be paid the compensation already earned plus the equivalent of
fifteen (15) days work by way of indemnity. If the domestic worker leaves without
justifiable reason, any unpaid salary due not exceeding the equivalent fifteen (15) days
work shall be forfeited. In addition, the employer may recover from the domestic worker
costs incurred related to the deployment expenses, if any: Provided, That the service has
been terminated within six (6) months from the domestic workers employment.
Ma. Jean B. Castaeda Page 15

If the duration of the domestic service is not determined either in stipulation or by the
nature of the service, the employer or the domestic worker may give notice to end the
working relationship five (5) days before the intended termination of the service.
The domestic worker and the employer may mutually agree upon written notice to pre-
terminate the contract of employment to end the employment relationship.

SEC. 33. Termination Initiated by the Domestic Worker. The domestic worker may
terminate the employment relationship at any time before the expiration of the contract
for any of the following causes:
(a) Verbal or emotional abuse of the domestic worker by the employer or any member of
the household;
(b) Inhuman treatment including physical abuse of the domestic worker by the
employer or any member of the household;
(c) Commission of a crime or offense against the domestic worker by the employer or
any member of the household;
(d) Violation by the employer of the terms and conditions of the employment contract
and other standards set forth under this law;
(e) Any disease prejudicial to the health of the domestic worker, the employer, or
member/s of the household; and
(f) Other causes analogous to the foregoing.

SEC. 34. Termination Initiated by the Employer. An employer may terminate the
services of the domestic worker at any time before the expiration of the contract, for any
of the following causes:
(a) Misconduct or willful disobedience by the domestic worker of the lawful order of the
employer in connection with the formers work;
(b) Gross or habitual neglect or inefficiency by the domestic worker in the performance
of duties;
(c) Fraud or willful breach of the trust reposed by the employer on the domestic worker;
(d) Commission of a crime or offense by the domestic worker against the person of the
employer or any immediate member of the employers family;
(e) Violation by the domestic worker of the terms and conditions of the employment
contract and other standards set forth under this law;
(f) Any disease prejudicial to the health of the domestic worker, the employer, or
member/s of the household; and
(g) Other causes analogous to the foregoing.







Ma. Jean B. Castaeda Page 16



Other provisions of R.A. 10361




[REPUBLIC ACT NO. 10361]
AN ACT INSTITUTING POLICIES FOR THE PROTECTION
AND WELFARE OF DOMESTIC WORKERS

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

ARTICLE I
GENERAL PROVISIONS

SECTION 1. Short Title. This Act shall be known as the Domestic Workers Act or
Batas Kasambahay.

SEC. 2. Declaration of Policies. It is hereby declared that:
(a) The State strongly affirms labor as a primary social force and is committed to
respect, promote, protect and realize the fundamental principles and rights at work
including, but not limited to, abolition of child labor, elimination of all forms of forced
labor, discrimination in employment and occupation, and trafficking in persons,
especially women and children;
(b) The State adheres to internationally accepted working conditions for workers in
general, and establishes labor standards for domestic workers in particular, towards
decent employment and income, enhanced coverage of social protection, respect for
human rights and strengthened social dialogue;
(c) The State recognizes the need to protect the rights of domestic workers against
abuse, harassment, violence, economic exploitation and performance of work that is
hazardous to their physical and mental health; and
(d) The State, in protecting domestic workers and recognizing their special needs to
ensure safe and healthful working conditions, promotes gender-sensitive measures in
the formulation and implementation of policies and programs affecting the local
domestic work.

SEC. 4. Definition of Terms. As used in this Act, the term:
(a) Debt bondage refers to the rendering of service by the domestic worker as security or
payment for a debt where the length and nature of service is not clearly defined or when
the value of the service is not reasonably applied in the payment of the debt.
(b) Deployment expenses refers to expenses that are directly used for the transfer of the
domestic worker from place of origin to the place of work covering the cost of
transportation. Advances or loans by the domestic worker are not included in the
definition of deployment expenses.
Ma. Jean B. Castaeda Page 17

(c) Domestic work refers to work performed in or for a household or households.
(d) Domestic worker or Kasambahay refers to any person engaged in domestic work
within an employment relationship such as, but not limited to, the following: general
househelp, nursemaid or yaya, cook, gardener, or laundry person, but shall exclude
any person who performs domestic work only occasionally or sporadically and not on an
occupational basis.
The term shall not include children who are under foster family arrangement, and are
provided access to education and given an allowance incidental to education, i.e. baon,
transportation, school projects and school activities.
(e) Employer refers to any person who engages and controls the services of a domestic
worker and is party to the employment contract.
(f) Household refers to the immediate members of the family or the occupants of the
house that are directly provided services by the domestic worker.
(g) Private Employment Agency (PEA) refers to any individual, legitimate partnership,
corporation or entity licensed to engage in the recruitment and placement of domestic
workers for local employment.
(h) Working children, as used under this Act, refers to domestic workers who are fifteen
(15) years old and above but below eighteen (18) years old.

ARTICLE VI
PRIVATE EMPLOYMENT AGENCIES

SEC. 36. Regulation of Private Employment Agencies (PEAs). The DOLE shall,
through a system of licensing and regulation, ensure the protection of domestic workers
hired through the PEAs.
The PEA shall be jointly and severally liable with the employer for all the wages, wage-
related benefits, and other benefits due a domestic worker.
The provision of Presidential Decree No. 442, as amended, otherwise known as the
Labor Code of the Philippines, on qualifications of the PEAs with regard to nationality,
networth, owners and officers, office space and other requirements, as well as
nontransferability of license and commission of prohibited practices, shall apply.
In addition, PEAs shall have the following responsibilities:
(a) Ensure that domestic workers are not charged or levied any recruitment or
placement fees;
(b) Ensure that the employment agreement between the domestic worker and the
employer stipulates the terms and conditions of employment and all the benefits
prescribed by this Act;
(c) Provide a pre-employment orientation briefing to the domestic worker and the
employer about their rights and responsibilities in accordance with this Act;
(d) Keep copies of employment contracts and agreements pertaining to recruited
domestic workers which shall be made available during inspections or whenever
required by the DOLE or local government officials;
(e) Assist domestic workers with respect to complaints or grievances against their
employers; and
(f) Cooperate with government agencies in rescue operations involving abused or
exploited domestic workers.
Ma. Jean B. Castaeda Page 18


ARTICLE VII
SETTLEMENT OF DISPUTES

SEC. 37. Mechanism for Settlement of Disputes. All labor-related disputes shall be
elevated to the DOLE Regional Office having jurisdiction over the workplace without
prejudice to the filing of a civil or criminal action in appropriate cases. The DOLE
Regional Office shall exhaust all conciliation and mediation efforts before a decision
shall be rendered.
Ordinary crimes or offenses committed under the Revised Penal Code and other special
penal laws by either party shall be filed with the regular courts.

ARTICLE VIII
SPECIAL PROVISIONS

SEC. 38. Information Program. The DOLE shall, in coordination with the DILG, the
SSS, the PhilHealth and Pag-IBIG develop and implement a continuous information
dissemination program on the provisions of this Act, both at the national and local level,
immediately after the enactment of this law.

SEC. 39. Araw Ng Mga Kasambahay. The date upon which the President shall
approve this Domestic Workers Act shall be designated as the Araw ng mga
Kasambahay.

ARTICLE IX
PENAL AND MISCELLANEOUS PROVISIONS

SEC. 40. Penalty. Any violation of the provisions of this Act declared unlawful shall be
punishable with a fine of not less than Ten thousand pesos (P10,000.00) but not more
than Forty thousand pesos (P40,000.00) without prejudice to the filing of appropriate
civil or criminal action by the aggrieved party.


SEC. 42. Implementing Rules and Regulations. Within ninety (90) days from the
effectivity of this Act, the Secretary of Labor and Employment, the Secretary of Social
Welfare and Development, the Secretary of the Interior and Local Government, and the
Director General of the Philippine National Police, in coordination with other concerned
government agencies and accredited nongovernment organizations (NGOs) assisting
domestic workers, shall promulgate the necessary rules and regulations for the effective
implementation of this Act.

ARTICLE X
FINAL PROVISIONS

SEC. 43. Separability Clause. If any provision or part of this Act is declared invalid or
unconstitutional, the remaining parts or provisions not affected shall remain in full
force and effect.
Ma. Jean B. Castaeda Page 19


SEC. 44. Repealing Clause. All articles or provisions of Chapter III (Employment of
Househelpers) of Presidential Decree No. 442, as amended and renumbered by
Republic Act No. 10151 are hereby expressly repealed. All laws, decrees, executive
orders, issuances, rules and regulations or parts thereof inconsistent with the provisions
of this Act are hereby repealed or modified accordingly.

SEC. 45. Effectivity Clause. This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) national newspapers of
general circulation.