AGRARIAN LAW AND socoo.

LEGISLATION

(1). 'To -act as ai:t official governmentdepesitory with full authority-to rrraintam deposits of the government, its branches, sub:divi o_ES .:_ann--in-strumentalities, and of government-owned or -:;conti:olled corporations which deposits .sha.II be subject to liquidity floor and/or reserve requh-ements as may be imposed by the Monetary Board upon other commercial banks;
(m) For the strengthening of the capital base bank; 'to sta:b.lish-a national -:marketincg un1br-eJla--fi6r ]fa:r-rnF!rJ;: --:;;$== ,.....--and fisheries cooperatives to attract massive capital formation from savings deposits ofthe cooperative members nationwide; (n) To exercise the general powers mentioned in the Corporation Law and the General Banking Act, as ;insofar as they are not inconsistent or incompatible with this 37 Decree.

CHAPTER4 DOMESTIC WORKERS ACT

[BATAS KASAMBAHAY]

--- -REPtJBI:IC -A-c'f -Ne 1-Q3S1--

;; -;'F ; .,ppl
icability of the Law

The Domestic Workers Act applies only to domestic workers -worKing within the Philippines.'

-=

Domestic worker or "Kasambahay" is a person engaged to work household within an employment relationship. Examples are: general househelp, nursemaid, cook, gardener,

:-"'=

To be considered as .dome #c worker, one should be hired to perforin household work. ln. the absence of specific c-c. 5 - -, one cannot }ji!-considered as a domestic worker.

Persons who perform domestic work occaS \'>nally and not on ;f "1in1iicclll ation;al basis are not considered as domestlc wor ers. Thus, Ch.Udren who are under foster family arrangement and are provided to education and given an allowance incidental to education, "baon," transportation, school projects and school activities, are :::;:;;:.t=:= :;;;: considered domestic workers.' -i Children or relatives of the domestic worker who live under .employer's roof and share the same accommodations provided domestic worker cannot be considered as domestic workers if

:..
37

if =--

Sec. 75, Code of Agrarian Reforms, as amended.

181

182

AGRARIAN LAW AND SOCIAL LEGISLATION

CHAPTER4

183

DOMESTIC WORKERS ACT CBATAS KASAMBAHAY)

they were n?t engaged as such and are not required to perform any substantial household work.
APEX MINING CO. v, NLRC 196 SCRA251

'Minimum age for employment of domestic workers

The minimum age for employment of domestic workers is en (15) years old. It is unlawful to employ any person below jffteen (15) years of age as a domestic worker. 3

FACTS: SC was engaged by Apex Mining to perform laundry service at its staflhouse. While she was attending to Domestic workers can be hired directly or through a private her-assigned tas::k:;,she accident-ally lipped and hit her ck-nn--- f---"E'n,-9in-n"Tn<:.n'l r-.:.==-n". If-a-private employment agency recruits a stone. As a result of the accident, she was not able to continue domestic workers, it should require the domestic worker to submit with her work. She was then permitted to go on leave for medication. Thereafter, she was not allowed to return to work. following documents: SC then filed a complaint for illegal dismissal against Apex (a) Medical or a health certificate issued by a local Mining, The mai..Tl defense interposed by Apex Mining is that SC government health officer; was not a regular employee but a domestic worker. (b) Barangay and police clearance; HELD: SC is not a domestic worker but a regular employee of Apex Mining. While it is true that the nature of (c) National Bureau of Investigation (NBI) clearance; work performed by SC as laundrywoman in the staffhouse is and similar to the work of a domestic worker, still she could not be (d) Duly authenticated birth certificate or, if not availclassified as a domestic worker because she was not working for able, any other document showing the age of the domestic a family but for a corporation. The mere fact that SC worked ;;===-- worker such as voter's identification card, baptismal record or within the premises of Apex Minmg, as in its staflhouses for its passport. guests or even for its officers and employees is an indication that SC is a regular employee and not a mere domestic worker. =f ;;;;-E :rnployers who directly p.ir the domestic worker may also the submission of the above-mentioned documents.

& =- The cost of the foregoii:tg documeiits shall be borne b_y tlie FACTS: B was hired by the Manila Buddhist Temple as .-ospective employer or agency, as the case may be. secretary and interpreter. B's position required her to receive and assist Chinese visitors to the temple, act as tourist guide Recruitment of domestic workers by private employment agencies for foreign Chinese visitors, attend to the callers of the Head -=3< :;;:;:::;:::::::::= Monk as well as to the food for the temple visitors, run errands Employment agencies that recruit domestic workers must for the Head Monk such as paying Meralco, PLDT, MWSS bills, -obtain a license and authority to recruit from the Regional Office of and act as liaison in some government offices. After the death _-,the DOLE having jurisdiction over the place where the recruitment of the Head Monk, B's monthly allowance was discontinued and -----= =--'-- tivities wiJl be undertaken! she was forcibly evicted from her quarters in the temple. In a complaint for illegal dismissal filed by B, the Manila Buddhist Employment agencies can engage in recruitment activities T n;1p_le. _claimed that B was not its .employee but a domestic _ ---:;;;;:"j l" '--;:;--=-; n;:n: 'l....--f-1.,, " their representatives who are:
Monk, and therefore her posifio:il was coterminous with that of w r1te!" who confined herelfto the personal eeds ofthe Head _ her master. HELD: B is not a domestic w o rclk e;;rlb u t-;a r;;;e gu:;Llar - e m prilko y;ee;;- of the Temple. The work of B cannot be categorized as mere domestic work but were essential and important to the operation and religious functions of the temple. l

BARCENAS V. NLRC 187_SCRA 498

-:.'!'&

-! ;I
,.;-_

_ ;_!I
"-: 3=,f;i_.

iJ

iE=-

(a)

duly authorized to recnrit; and

-il
:.:.

;: a s;:e:=c. l 6= , D omestic Workers Act. Sec. 12, ibid. - 15,:Rule ill,RUles-Governing Private Recruitment and Placement Agency Employment. ----------

-:s _:; _ :

il

}If

.Ea.

r
1'84 AGRARIAN LAW AND SOCIAL LEGISLATION CHAPTER4 DOMESTIC WORKERS ACT (BATAS KASAMBAHAY)

185

(b)

" A nuly notarized recnritment contract should be executed between the employment agency and the recruit.

.registered.with the Regional Office ofthe DOLE.

(c) Provide pre-employment orientation briefing to the domestic worker and the employer about" their rights and responsibilities under the Domestic Workers 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 Department of Labor and Employment (DOLE) or local (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."

Thereafter, the employment agency should submit to the DOLE Regional Office where recruitment was undertaken (copy furnished the DOLE Regional Office of destination): .

(b) (c) (d) (e)

addresses; birth certificates; medical certificates; and recruitment contract.

The employment agency should provide the recruit with a stai:n.ped envelope (which the recruit will send to his parent) containing the following: ..::;::;;:..:==--- Regardless of whether the domestic worker was hired th}-ough :a:--private employment agency or a third party, no share in the (a) name and address of recruit; and reCIJ]itment or finder's fees shall be charged against the domestic (b) name, address, telephone number of his employer.' W<lrker by the said private employment agency.or third party .'"
Liability of private employment agencies

Private employment agencies are jointly and severally liable

.:w .d om itesti eio J:r !P lO tl i c=w k eY r..E?:r "

jor all t11e_ yvages, and oth . e.r benefits du .e ..

-::S ss ::=l0Jetlilf;r the domestic worker was hired directly or through employment agency, the employer a..'1d the domestic worker a..... ;t execute an employ-ment contract before the cgmmencement of
liRA

Responsibility of private employment agencies

Service. The COntract IDUSt be written in a laiJ.guage-Of dialect by both the domestic worker and the employer. The worker should be given a copy ofthe employment contract."

The responsibilities of private employment agencies following: (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 term1;s and conditions of em:Qloyment and all the enefits 1:''-'"'".J....I.';' f by the Domestic Workers Act;

contain the following (a) t Duties and responsibilities ofthe domestic worker; Period of employment; Compensation;

!:=;;-

(b) (c)

z....;-

,.,

186

AGRARIAN LAW AND SOCIAL LEGISLATION

- -- - -

-ciD\:Pl'ER 4

-------o " l 8 ' "'7 ;-----

DOM:ES'J1Q WORKE:R.S AC.T (BATAS KA13AMBAHAY)

(d)
(e:)

Autbprized deductimis; Hours of work and proportionate additional pay., Rest days and allowable leaves; Board, lodging and medical attention; Agreements on deployment expenses, if any; Termination of employment; and

NOTE: Medical attendance is limited to medical treatment for ailments contracted by the househelper wbile in the service of the employer. It does not include hospitalization."

ment;
(f)

(g) (h)
(j)

The employer cannot withdraw or hold in abeyance the provision of these basic necessities as punishment or disciplinary .action to the domestic worker. 16

Domestic workers are entitled to an aggregate daily rest period

(k) parties.

Any other lawful condi ion agreed upon by both_

eight (8) hours per aay.n

Weekly Rest Perjod Domestic workers are entitled to .a weekly rest period of at ]_east twenty-four (24) consecutive hours. The employer and the domestic worker shall agree in writing on the schedule of the weekly rest day of the domestic worker. The riist day chosen by the domestic worker on religious grounds shall .be respected.

Ifthe domestic worker was hired through a private emLpl4:>y:rneJO:t - ragency, the agency should keep a copy of the employment contract which shall be made available for verification and inspection by the

DOLE. 12
Registration of domestic workers

--;:::::; ;::=:= -

Employers are required to register their domestic workers in the bara:ngay whe!"e the employer's resirlence is located. 13 -==
Terms nq_ C9pditions of employment9f dpmestic work rs

shall safeguard the health and safety of domestic worker, with due consideration of the peculiar nature domestic work.r Free Board, Lodging and Medical Attendance The employer shall provide for the basic necessities domestic worker to include: (a) at least three (3) adequate meals a day;

-Tile employer

Hef!:_W!:cElf_d Safety

domestic worke!" and The employer may validly agree on F::::t ::h : e::O _ :::following: (a) Offset a day of absence withaparticular rest day;
(b) Waive a parti Ular rest day in retu:rn for an equivalent daily rafu of pay;

;==-===-

(c) (d)

A c

te_re, -d zs - ?t e - ding five (5) days; or

Other similar arrangements.'

Appropriate compensation for Assignment to Non-Household

-'-'----"'""''= _Wqrk

. Domestic workers cannot be ?.Ssigned to work in a commercial, or a :. c: :: s:ra;:n;;ri : ::rr::

(b) humane sleeping arrangements; _ (c) appropriate rest and assistance in cas'e of :illness rrr'....... =--' .1;! injuries sustained during service without loss of benefits.

12
13

Sec. 3, ibid. 'lec. 17, ibid. 148e-c.Til, Tbid.

----- - --- a'88

------ AGRARIANLAWAND'SOC:rnLLEGISL'ATION--

---CHAP'l'ER-4 DOMESTIC WORKERS ACT (BATAS KASAMBAHAY)

-- 189

The employer shall at all times provide the domestic worker =:J===-- th a copy ofthe pay slip containing the amount paid in cash every E-xtent of Duty ")la..Y day, indicating all deductions made, if any. The copies ofthe pay slip shall be kept by the employer for a period of three (3) years. 23 The e ployer may allow a domestic worker to temporarily perform a task for another household, but any liability that will be Thirteenth Month Pay incurred by the domestic worker on account of such arrangement _sha!J:_be bo:r:ne by., ori al_- mJJ Joye -" r ". -----=-----==*=:::;;:=--Hctm st:ic ->liTOl::k-e -J:S-are -enti.tled..ote 13th month pay as provided The domestic worker w:ho temporarily works for another household shall be paid an additional compensation of .not less than the existing minimum wage rate of a domestic worker. The original employer to charge any amount from the household where the service of the domestic worker was temporarily performed? Minimum Wage of Domestic Workers (a) (NCR); P2,500.00/month- in the National C pita} Region =Je : Social Security, PhilHealth and Pag-Ibig Fund for by the 13th month pay law.24
J;;,;.,=-

Domestic workers assigned to work in such establishments shall be paid the applicable minimum wage.'"

Pay Slip

a;

ice shall be entitled toan anriual service iricefitive leaveof five

Domestic workers who have rendered at least one (1) year of

.days with pay. Unused portion of said annual leave is neither cumulative nor convertible to cash.25

Domestic workers who have rendered at least one (1) month of service shall be covered by the Social Security System (SSS), ---= I!S:llil:LJ lip,pilre Health Insurance Corporation (PbilHealth), and (c) P1,500.00/month - in other unicipalities : Home Development Mutual Fund (Pag-IBIG). The premium The Regional Tripartite and Productivity - Wage, Bom;ds ::::::::;;t;! w"lul..L :> shall be paid as follow_:;: (RTPWBs) m y from. time to time review, determine, and adjust the (a) For domestic wor.ker.s who receive a monthly wage minimum wage rates of domestic worker_ ."' "Qf less than P-5,000.00 - the :e.mployer's contribution and the domestic worker's contribution shall be borne solely by the Payment of Wages employer; Wages of domestic workers should be paid: 1. 2. 3. in cash; directly to the domestic worker; and at least once a month.
(b) For domestic workers who receive a monthly wage of P5,000.00 and above -the domestic worker and the employer shall shoulder their respective premium contributions .26

(b) P2;000.00/month _ in chartered cities and class municipalities; and

_Rights and privileges of domestic workers

The employer cannot pay the wages of a domestic work Ee r b IY Right to Humane Treatment means of promissory notes, vouchers, coupons, tokens, tickets, c The employer or any member of the household shall not or any object other than cash.22 ' ...;;:;jilt'"""'!! lbJect a domestic worker to any kind of abuse, physical violence,
Sec. 22, ibid. 23, ibid. 2 'Sec. 24, ibid. 22 Sec. 25, ibid.
20Sec.
19

26, Domestic Workers Act .

.:
--.:.;r:::

=:;;; ;;:- 25, ibid.

27, ibid.

:..;=;:;:::.: -:iec. 28, ibid.

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-- -----AURARIANT.AW 1rnD "S0CIALLEGI-8LATION

""'.- --

CHAPTER 4 DOMESTIC WDRKERS ACT .(BATAS KASAMBAHAY)

191

harassment or any act tending to degrade the dignity of a domestic work r. 27 .

NO'I'E: Any abused or exploited domestic worker shall be immediately-rescued by a municipal or city social welfare officer or a social we1fare officer from the Department of Social We1fare and Development (DSWD) in coordination with the concemed barangay officials. The DSWD and the DILG shall develop a standard operating procedure for the rescue and rehabilitation - . - ofabused domestic w orkers;ani'nn cootdifiation with"tneTIO E. for possible subsequent job placement. 28

Obligations of dom s!!f_ worker$

Domestic work.e.r J!! obliged tQ: (a) render satisfactory service at all times; 32

(b) observe the terms and conditions of the employment contract;33 (c) refrain from publicly disclosing any communication

--olrmrnnn tinn ffrumn :o!neem qm

household during and after employment.

be Mtlie

Right to Privacy
The employer shall respect the priva.cy.ofthe domestic worker at _.:..-.; ::..all times. The right to priva(;y extends to all forms of communication;; -::::::::t.::;=;;::-"and perso al effects.29

NOTE: Inforination tha:t m?y be divulged by the domestic worker on the matter are privileged in character and therefore, inadmissible in evidence except when the suit involves the employer or aiiy member of the hoU:sebold in a crime against persons, property, personal liberty and secu.>ity, aild chastity.34 ng mga kasambahay

Access to Outside Communication

-==i!FOO-'='-!.aw

The e_Ill,plq er shall grant the domestic worker access to outside communication during free time. However, in case of emergency; ac es&-to.cQJ!! uni ation shall b _ .anted Should the domestic worker make use of the employer's telephone or other CO:J:nmunicati.on facilities_, th shall be bor:n e "Q ;jy,, omestic worker, unless such chM"g s are waived by thEf - 1 --

January 18(the date of approval of thE) law) has been designated

as the "Araw ng

mga Kasambahay." 30

5ii

P r o}Libit Q7} -4Q..aiMt Deposits for Loss or DamafJ_e

--- - Rljjftt7oEducation and/i'r:Oimng

The employer shall afford the domestic worker the opportunity to finish basic education and may allow access to alternative systems and, as far as practicable, higher-education or technical vocational training. The employer shall adjust the work schedule of the domestic. =iF"' worker to allow such access to education or training withoup hampering the services required by the employer. 31

_ The employer ca.nn:ot oblige the domestic worker to make to answer for loss or damage to tools, materials, furniture ilnd equipment in t?e ho sehold .36

Prohibition

O]! I)ebU?oncf-agf?:

The employer can..D.ot oblige the domestic worker to render service as security for or in payment for a debt, where the length and nature of service is not clearly defined or when the value of the -S.envice is not reasonably applied in the payment of the debt_s;

Sec. 5. ibid. Sec. 31, ibid. Sec. 7, ibid. 30 Sec. 8, ibid. 31Sec. 9. ibid.
28 29

27

CHAPTER4 DOMESTIC WORKERS ACT (BATAS KASAMBAHAY)

193

Prohibition on Interference. in the Disposal of Wages - ---- - The employer cannot interfere with the freedom of any domestic worker to dispof? of-t!te lattei'!;;_wages. T? !" the domestic worker cannot be obliged to 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." Prohi ition Against Withholding of Wages The employer cannot, directly or indiiect}y, to witbhold the wages ofthe domestic worker. Likewise, the emp1qyer cannot induce the domestic worker to give up any p<>rt.ofthe wages by force, stealth, -----intimidation, thieator by any other ineans .whatsoever." When the employment relation can be terminated

On the part of the employer

He s liable for indemnity in an amount equivalent to 15 days pay_41
The just causes for termination of employment by the domestic worker

The domestic worker may validly terminate the employment any ]U5t causes: -(a) Verbal or emotional abuse by the employer or any memb r ofthe household;
;;..,;;r:;:;:::::: -

(b) Inhumane treatment including physical abuse by the employer or any member of the -household;(C) Commission of a criiile-cir offense agai'nst the domestic worker by the employer or any member of the household;

If there is a just cause - the domestic worker or the employer c_an terminate th employment relations any time. If there is nojust cause - the domestic worker or the employer
SM terminate th e.rnplpyrp. nt r l tio s:

(d) Violation by the employer of the terms and conditions ofthe employment contract and other standards set forth under the law; ..(e) If he is suffering from a disease prejudicial to the health of the domestic worker, the employer, or member/s of the household; and _ _ _
(f)

(a) (b) notice.<'!

At the end of the stipulated period; or

Ifno"stipulated period - by giving 5 day; advance

Other causes analogoll tq the foregoing.2

Effect of termination without notice or before the stipulated period

- The just causes for termination of employment by-the employer

If the stipulated period or the 5-day advance notice is not =;:;:Et==:;E"Tile employer can terminate --_ t11 services of the domestic observed, the following are the consequences: worker for any of the following just causes: (a) Misconduct or willful disobedience to lawful order in On the part of the domestic worker connection with the work; (a) He forfeits any unpaid salary equivalent to 15 days; (b) Gross or habitual neglect or inefficiency; and (c) Fraud or willful breach of the trust; (b) He is liable for the deployment expenses, (d) Commission of a crime or offense by the domestic termination is done within six (6) months from hir . worker against the person of the employer or any immediate member of the employer's family;
38Sec.

27, Domestic Workers Act.

41

39Sec. 28, ibid .

"'Sec. 32, ibid.

42 Sec.

Sec. 32, ibid. 33, ibia.

19.

AGRARIA;NLAW AND SOCIALLEGISLA.TION

CHAPTER 4 DOJMESTIC WORKERS ACT (BATAS KASAMBAHAYi

195

(e) Violation by the domestic worker of the terms and _ C!QpQ!tjo;ns ofthe employment contract and other standards set forth linder the law;
(f) If the domestic worker is suffering from a disease prejudicial to his health, the health ofthe employer, or members of tp.e household; and

(e ) rft:lring 'With theree.d.om of the domestic wor.ker to dispose ofhis wages, or. fel'cing, compelling or ebliging the domestic wcgker to purchase merchandise, com.tnodities or other properties frm::a the employer or from aey other person, or otherwise make use of an_y store or services of such employer or any other person.; 45

(g}

Other causes analogous1 to t:!;he

Certificate of Employment

Withholding the wages of the domestic worker or ::_::_; -----==l=:;;:;,..........-inlim:in.gJt;hec.d!m:tf. !:. sil:_ ic w.orker..to .g:i:v:e .up .any-pan .of-his wagesby force, stealth, intimidation, threat or by any other means whatsoever_ 60 Criminal sanction The aforementioned criminal acts will subject the offender to a fine of not less than Ten thousand pesos (PlO,OOO.OO) but not more than Forty thou&.and pesos (P40,000.00). 1

Upon the severance of the employment relationship, the employer shall issue the domestic worker within five (5) days from reql!_ j; certificate of employment indicating the nature, duration of the service and work performance."" Criminai acts The Domestic Workers Act declares the following acts as criminal offenses:

01d;45

(a)

Employing a domestic w rker who is below 15 years-====

=-

(b) Charging by the original employ:er i:LLL.y_,a.llluu.u ..u the household where the service of his domestic worker was tem'(:mrB.:..'rily performed; 46 (c) Requiring the domestic worker to make deposits to answer for losses or damage to tools, materials, furniture and equipment in the household; 47 (d) Placing the domestic orker under debt bondage,

= .

i.e., requiring the domestic worker to render service 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;

- - = <15, ibid.
Sec. 16, ibid. Sec. 23, ibid. "Sec. 14, ibid. 4 (a) and 15, ibid.
46 40

43 Sec. 34, ibid.

.ssec.

49 Sec. 27,-ibid. -oosec.-28;Lllii1. 51 Sec. 40, ibid.