POST EMPLOYMENT

When the employment relation can be terminated?

If there is just cause – the domestic worker or the employer can terminate the
employment relations anytime.
If there is no just cause – the domestic worker of the employer can terminate the
employment relations:

a) At the end of the stipulated period; or

b) If no stipulated period – by giving 5 days advance notice.

Effect of termination without notice or before the stipulation period

If the stipulated period or the 5-day advance notice is observed, the following are
the consequences:

a) He forfeits any unpaid salary equivalent to 15 days; and

b) He is liable for the deployment expenses, if the termination is done within six (6)
months from hiring.

On the part of the employer

He is liable for indemnity in an amount equivalent to 15 days pay.1

The just causes for termination of employment by the domestic worker

The domestic worker may validly terminate the employment relationship at any time
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.2

The just causes for termination of employment by the employer

The employer can terminate the services of the domestic worker 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 former’s work;
b) Gross or habitual neglect or inefficiency by the domestic worker in the
performance of duties;

1
Sec. 32, Domestic Worker Act
2
Sec. 33, ibid.
 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 employer’s 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.3

Certificate of Employment

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.4

PRIVATE EMPLOYMENT AGENCIES

Liability of private employment agencies

Private employment agencies are jointly and severally liable with the employer
for all the wages, and other benefits due a domestic worker.5

Responsibility of private employment agencies

The responsibilities of private employment agencies are the 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 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.6

3
Sec. 34, ibid.
4
Sec. 35, ibid.
5
Sec. 36, ibid.
6
Sec. 36, ibid.
 SETTLEMENT OF DISPUTES

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.7

SPECIAL PROVISIONS

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.8

Araw ng mga kasambahay

January 18 (the date of approval of the law) has been designated as the “Araw ng mga
kasambahay”.9

PENAL AND MISCELLANEOUS PROVISIONS

Criminal Sanctions

The performance of criminal acts will subject the offender to a fine not less than
Ten thousand pesos (P10,000.00) but not more than Forty thousand pesos (P40,000).10

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
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.11

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.12

7
Sec. 37, Ibid.
8
Sec. 38, Ibid.
9
Sec. 39, Ibid.
10
Sec. 40, Ibid.
11
Sec. 41, Ibid.
12
Sec. 42, Ibid.