I.
DOMESTIC WORKERS ACT/BATAS  HIRING can be done directly or through a licensed
KASAMBAHAY
 APPLIES only to domestic workers working within the
Philippines
 A domestic worker is one engaged in domestic work
within an employment relationship.
Ex: General househelp, yaya, nursemaid, cook,
gardener, laundry person, or person who regularly
performs domestic work in one household on an
occupational basis
 DOMESTIC WORK is work performed in or for a
household or households
 “Within an Employment Relationship” means that
the DW should be hired specifically to perform
household work
 HOUSEHOLD are the immediate members of the
family or the occupants of the house that are directly
provided services by the domestic worker
 The Following are NOT considered DWs
o Service Providers
o Family Drivers
o Children under foster family arrangements
o Any other person who performs work
occasionally or sporadically and not on
occupational basis.
Case Doctrines:
o Apex Mining Co Inc. v. NLRC
“SC is not a domestic workers but APEX Mining’s regular
employee. While it is true that SC’s work as
laundrywoman in the staffhouse is similar to the work of
a domestic worker, still she could not be classified as a
domestic worker because she was not working for a
family but for a corporation. The mere fact that SC
worked within the premises of APEX mining, as in its
staffhouses for its guests or even for its officers and
employee is an indication that SC is a regular employee
and not a mere domestic worker.
o Barcenas v. NLRC
“B is not a domestic worker but a regular employee of the
Manila Buddhist Temple. B’s work cannot be categorized
as mere domestic work but was essential and important
to the operation and religious functions of the temple.”
 MINIMUM AGE of domestic workers is 15 years old.
It is UNALWFUL to employ any person below 15
years of age as a domestic worker.
private employment agency.
o LPEA should ascertain AGE, PHYSICAL FITNESS
and CHARACTER by requiring submission of the
ff:
1. Medical or health certificate issued by a local
government health officer
2. Barangay and Police Clearance
3. NBI Clearance
4. Duly authenticated birth certificate or if
unavailable any other document showing
the age (voter’s ID, Baptismal record,
Passport)
*Prospective employer or agency shall bear the cost of
the documents, cost of hiring as well as cost of transfer
from place of origin to place of work.
 PRIVATE EMPLOYMENT AGENCY is any individual,
legitimate partnership, corporation or entity
licensed to engage in the recruitment and placement
of DWs for local employment.
o They must obtain a license to operate and
authority to recruit from the Regional office of
DOLE having jurisdiction over the place where
recruitment activities will be undertaken.
o LICENSE TO OPERATE is a document issued by
the Sec. of DOLE authorizing a person,
partnership or corporation to operate a PEA
o AUTHORITY TO RECRUIT is a document issued by
the Sec. of DOLE authorizing a person to conduct
recruitment activities for local employment on
behalf of a PEA
o PEAs are jointly and severally liable with the
employer for all the wages and other benefits
due a domestic worker.
o RESPONSIBILITIES OF PEAs:
 ENSURE DWs are not charged any
recruitment or placement fees
 ENSURE that the employment agreement
between DW and Employer stipulates the
terms and conditions of employment and all
the benefits prescribed under the DW Act
 PROVIDE a pre-employment orientation
briefing to the DW and employer about their
rights and responsibilities under DWA
 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 LGO
 ASSIST DW with respect to complaints or
grievances against their employers
 COOPERATE with government agencies in
rescue operations involving abused or
exploited DWs
 ENSURE that the DW is qualified as required
by the employer
 SECURE the best terms and conditions of
employment for the DW
 ASSUME joint and solidary liability with the
employer for payment of wages and other
benefits including monthly contribution for
SSS, NHIP, and HDMFP.
 Whether DW was hired through PEA or through third
party, any recruitment or finder’s fees should not be
charged against them.
 Employers are required to REGISTER their DW in the
barangay where the employer’s residence is located.
 Employer and DW must execute an EMPLOYMENT
CONTRACT prior to the commencement of the
service.
o It should be written in a language or dialect
understood by the DW and the Employer. (The
DW should be given a copy)
 BASIC CONTENTS of the EMPLOYMENT
CONTRACT:
1. Duties and Responsibilities of DW
2. Period of Employment
3. Compensation
4. Authorized deductions
5. Hours of work and proportionate
additional payment
6. Rest days and allowable leaves
7. Board, lodging and medical
attention
8. Agreements on deployment
expenses
9. Loan Agreement
10. Termination of Employment
11. Any other lawful condition agreed
upon by both parties
*If a PEA hired the DW it should keep a copy of
the employment contract which shall be made
available for DOLE verification and inspection.
 WORKIING CONDTIONS OF DOMESTIC WORKERS
o Health and Safety
 The employer shall safeguard the health and
Safety of the DH wit due consideration of the
peculiar nature of the domestic worker.
o Free Board and Lodging The employer shall
provide:
 At least three adequate meals a day
 Humane Sleeping arrangements
*These may not be withdrawn or held in
abeyance as punishment or disciplinary action
against the DW
o Medical Attendance The employer shall provide:
 Appropriate rest and assistance in case of
illness or injuries sustained during service
*may not be withdrawn or held in abeyance as
punishment or disciplinary action to the DW
*EXLCUDES HOSPITALIZATION
o Daily Rest Period
 They are entitled to an aggregate daily rest
period of 8 hours per day
o Weekly Rest Period
 They are entitled to a weekly rest period of
at least 24 consecutive hours.
 The DW and the employer shall agree in
writing on the schedule of the DW’s weekly
rest day. The DW’s choice of rest day on
religious grounds should be respected.
 The DW and the employer may also agree on
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 days; or
d. Other similar arrangements
o Leave Benefits
 DW’s who have rendered at least one year of
service are entitled to an annual SIL of five
days with pay. Unused portion of said annual
leave is neither cumulative nor convertible
to cash.
o Proper Wage Payment Wages of DW’s should be
paid
 In cash
 Directly to the domestic worker
  At least once a month
o Minimum Wage Payment
 The wage of DW’s shall not be less than the
following:
a. 2,500 a month for those employed
in NCR
b. 2000 a month for those employed in
chartered cities and first class
municipalities
c. 1,500 a month for those employed
in other municipalities
*Minimum wage rates are subject to regional
tripartite wages and productivity board review,
determination and adjustment.
o Applicable Wage for Non-Household Work
 In case of work performed in commercial,
industrial or agricultural enterprises,
domestic workers are entitled to the
applicable minimum wage for prescribed for
agricultural or nonagricultural workers.
o Additional Compensation for Temporary
Service to Another Household
 DW’s are entitled to additional
compensation of not less than the existing
minimum wage rate of a DW in case of
temporary work for another household.
o 13th-Month Pay
 DW’s are entitled to 13th month pay as
provided by law.
o SSS, PHIC and HMFC
 DW’s who have rendered at least one month
of service shall be covered by SSS, PHIC and
HDMFC
 The employer shoulder the premium
contributions if the monthly wage is less
than 5,000.
 If the monthly wage is 5,000 or above, the
DW and the employer shall shoulder their
respective premium contributions.
 RIGHTS and PRIVILEGES of DOMESTIC WORKERS
o Right to Humane Treatment
 The employer or any member of the
household shall not subject a domestic
worker to any kind of abuse, physical
violence, harassment or any act tending to
degrade the dignity of a DW.
 Any abused or exploited DW shall be
immediately rescued by a municipal or city
social welfare officer or social welfare officer
from DSWD in coordination with the
concerned barangay officials.
o Right to Privacy
 The employer shall respect the privacy of the
DW at all times. It extends to all forms of
communication and personal effects.
o Access to Outside Communication
 The employer hall grant the DW access to
outside communication during free time
 In case of emergency, even during work
time.
 If the DW uses the employer’s telephone,
the cost will be borne by the DW unless
waived by the employer.
o Right to Education and Training
 The employer shall afford the DW 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 DW to all such access to education or
training without hampering the services
required by the employer.
 OBLIGATIONS of DOMESTIC WORKERS They are
obliged to:
o RENDER satisfactory services at all times
o OBSERVE the terms and conditions of the
employment contract
o REFRAIN from publicly disclosing any
communication or information pertaining to the
employer or members of the household during
and after employment.
*Information that may be divulged by the DW on the
matter are PRIVILEGED in character and therefor
INADMISSIBLE in evidence EXCEPT when such involves
the employer or any member of the household in a crime
against PERSONS, PROPERTY, LIBERTY, SECURITY and
CHASTITY.
 PROHIBITED ACTIVITIES OF EMPLOYERS
o Debt Bondage
 Employer cannot Oblige DW 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 service is not reasonable
applied in the payment of the debt.
o Interference on the Disposal of Wages
 Employer cannot interfere with the
freedom of any DW to dispose of their
wages.
o Withholding of Wages
 Employer cannot directly or indirectly
withhold the wages of the DW
o Additional Prohibition Regarding Wages
 Employer cannot make deductions from
the wages of the DW other than those
provided by law unless there is written
consent from the DW.
o Additional Prohibition Regarding Deposits
for Loss or Damages
 Employer cannot oblige the DW to make
deposits to answer for loss or damage of
tools, materials, furniture and
equipment in the household.
 EMPLOYMENT OF DW IS TERMINATED WHEN:
o With Just Cause: DW and employer can
terminate the employment relations
anytime
o Without Just Cause: DW and employer can
only terminate the employment relations:
a. At the end of the stipulated period
b. If none, by giving five days advance
notice.
 FAILURE TO OBSERVE THE FIVE-DAY ADVANCE
NOTICE
Domestic Worker Employer
 FORFEITS any unpaid salary  LIABLE for
equivalent to 15 days indemnity to the
 LIABLE for deployment DW in an amount
expenses if the termination is equivalent to 15
done within 6 months from days pay.
hiring.
 JUST CAUSES FOR DW TO TERMINATE
EMPLOYMENT RELATION: The DW may validly
terminate the employment relationship at any time
for any of the ff. just causes:
o Verbal or emotional abuse
o Inhuman treatment including physical abuse
o Commission of a crime against the DW
o Violation by the employer of the terms and
conditions of the employment contract and
other standards set forth under the law
o If he is suffering from a disease prejudicial to the
health of the DW, the employer or member/s of
the household
o Other causes analogous to the foregoing.
 GROUNDS FOR EMPLOYERS TO VALIDLY DISMISS A
DW: The employer can terminate the services of the
DW for any of the ff. just causes:
o Misconduct or willful disobedience to lawful
order in connection with the work
o Gross or habitual neglect or inefficiency
o Fraud or willful breach of the trust
o Commission of a crime or offense y the DW
against the person of the employer or any
immediate member of the employer’s family
o Violation by the DW of the terms and conditions
of the employment contract.
o If the DW is suffering from a disease prejudicial
to his health, the health of the employer, or
members of the household
o Other causes analogous to the foregoing
 CERTIFICATE OF EMPLOYMENT
o Upon the severance of the employment
relationship, the employer shall issue the DW
within 5 days from request a COE indicating the
nature, duration of the service and work
performance.
 CRIMINAL OFFENSES
o EMPLOYING a DW who is below 15
o CHARGING by the original employer any amount
from the household where the service of his DW
was temporarily performed.
o REQUIRING the DW to make deposits to answer
for losses or damage to tools, materials,
furniture and equipment in the household
o PLACING the DW under the debt bondage
o INTERFERING with the freedom of the DW to
dispose of his wages or forcing, compelling or
obliging the DW to purchase merchandise,
commodities or other properties from the
employer, etc.
o WITHHOLDING the wages of the DW or inducing
the DW to give up any part of his wages by force,
stealth, intimidation, threat or by any means.
*SANCTION: Fine of 10,000 but not more than 40,000
**Araw ng mga Kasambahay: January 18
II. MIGRANT WORKERS AND OVERSEAS FILIPINOS
ACT
 A MIGRANT WORKER is an overseas Filipino worker,
a person who is to be engaged or has been engaged
in remunerated activity:
a. in a country of which he is not a citizen; or
b. On board a vessel navigating the foreign seas
(other than a government ship used for military
or noncommercial purposes,)
c. or on an installation located offshore or on high
seas
 “ENGAGED IN REMUNERATED ACTIVITY” is a person
promised or assured employment overseas.
 MIGRANT WORKERS can only be deployed only in
countries where the right of Filipino workers are
protected.
o INDICATORS: if the receiving country:
 Has EXISTING LABOR AND SOCIAL LAW
protecting the rights of migrant workers
 Is a SIGNATORY to or a RATIFIER of
multilateral conventions, declarations,
or resolutions relating to the protection
of workers, including migrant workers.
 Has CONCLUDED A BILATERAL
AGREEMENT with the Philippine
government on the protection of the
rights of OFWs
**Deployment of Filipino seafarers to vessels navigating
the foreign seas or to installations located offshore or on
high seas will be allowed only when the
owners/employers are compliant with international laws
and standards that protect the rights of migrant workers.
 ABSENCE of a clear showing that any of the above
guarantees exists in the country of destination of the
MW, the POEA will not issue a deployment permit.
 Members of the POEA Governing Board who actually
voted in favor of an order allowing the deployment
of MW w/o any of the guaranties shall suffer
REMOVAL or DISMISSAL FROM SERVICE with
DISQUALIFICATION to hold APPOINTIVE PUBLIC
OFFICE for 5 years (Same goes for Government
Officials/Employees who do the same)
 RECRUITMENT OR MANNING AGENCIES are obliged
to cover each MW they deploy with a compulsory
insurance policy (Authentic copy provided to the
MW)
o No cost to the MW and shall be effective for the
duration of the employment contract
o If MW is made to shoulder the cost of the
insurance premium:
 The license of the recruitment or manning
agency shall be cancelled.
 All its directors, partners, proprietors,
officers and employees shall be perpetually
disqualified from engaging in recruitment of
overseas workers w/o prejudice to any other
liabilities
 INSURANCE COMPANY may be allowed to provide
insurance coverage for MW if it is:
o DULY REGISTERED with the insurance
commission
o In EXISTENCE and OPERATIONAL for at least five
years
o NET WORTH of at least 500 Million to be
determined by the insurance commission
o With a current CERTIFICATE OF AUTHORITY
*Insurance companies who have directors, partners,
officers, employees or agents with relatives within the
fourth civil degree of consanguinity or affinity, who work
or have interest in any of the government agencies
involved in Overseas Employment Program are
DISQUALIFIED from providing this worker’s insurance
coverage
 THE INSURANCE POLICY SHALL COVER:
o 15,000 USD for accidental death, payable to the
MW’s beneficiaries
o 10,000 USD for natural death, payable to the
MW’s beneficiaries
o 7,500 USD for permanent total disability
payable to the MW
o Repatriation Cost of the worker when
employment is terminated without any valid
cause INCLUDING the transport of his/her
personal belongings
o 100 USD per month for subsistence allowance
for a maximum of 6 months if the MW is involved
in a case or litigation for the protection of his
rights in the receiving country.
o An amount equivalent to at least 3 months for
every year of the MW’s employment contract, in
cases of money claims arising from employer’s
liability which may be awarded or given to the
worker in a judgment or settlement of his or her
case in the NLRC
 o Cost of transportation for compassionate visit PURCHASING the minimally necessary
by one family member (or requested individual) casket or air transport container; and
to the major airport closest to the place of  TRANSPORTING the remains, including its
hospitalization of the worker, in case the MW is retrieval from site of death and delivery to
hospitalized or confined for at least 7 the receiving funeral home.
consecutive days  RULES ON MONEY CLAIMS ARISING FROM
o Cost of medical evacuation when proximate and EMPLOYER’S LIABILITY:
adequate medical facility is not available to the
GR: The insurance covers the migrant worker with an
MW as determined by the insurance company’s
amount equivalent to at least 3 months for every year of
physician or consulting physician
the migrant worker’s employment contract, IN CASES OF
o Cost of Medical Repatriation when medically
MONEY CLAIMS ARISING FROM EMPLOYER’S LIABILITY
necessary as determined by the attending
which may be awarded or given to the worker in a
physician and medically cleared for travel by the
judgment or settlement of his or her case in the NLRC.
commercial carrier.
 Claims arising from ACCIDENTAL DEATH, NATURAL RE: PAYMENT
DEATH or DISABLEMENT shall be paid by the
insurance company without any contest and without After decision has AN ORDER shall be released
the necessity of proving fault or negligence of any become final and mandating the respondent/
executory OR manning agency to pay the
kind on the part of the insured MW
settlement has been amount adjudged or agreed
o The ff. shall be sufficient to substantiate the
reached by the parties upon within 30 days
claim (duly authenticated by the Philippine at the NLRC
Foreign Posts) The recruitment/ shall immediately file a NOTICE
 Death Certificate (Natural or accidental manning agency OF CLAIM with its insurance
death) provider for the amount of
 Police or Accident Report (accidental death) liability insured (Attaching a
 Medical Certificate (permanent copy of the decision or
disablement) compromise agreement0
 PERMANENT TOTAL DISABLEMENT as contemplated Within 10 days from The insurance company shall
by the insurance coverage is: the filing of notice make payment to the
o Complete loss of sight of both eyes claim recruitment/ manning agency
o Loss of 2 limbs at or above the ankles or wrists the amount adjudged or
agreed upon.
o Permanent complete paralysis of 2 limbs
After receiving the The recruitment/ manning
o Brain injury resulting to incurable imbecility or
insurance payment agency shall immediately pay
insanity. the migrant worker’s claim in
 REPATRIATION COST IN CASE OF DEATH OF THE full.
MIGRANT WORKER *If the insurance coverage is
o The insurance provider shall ARRANGE and PAY INSUFFICIENT, it is liable to pay
for the REPATRIATION or RETURN of the its balance.
worker’s remains. If the insurance The recruitment/ manning
o The insurance provider shall also render ANY company FAILS TO agency shall pay the amount
ASSISTANCE necessary in the TRANSPORT MAKE PAYMENT adjudged or agreed upon
including but not limited to: within 10 days from within the remaining days of
 LOCATING a local and licensed funeral the filing of the claim the 30-day period.
home, mortuary, or direct disposition facility If the worker’s claim The recruitment/ manning
was not settled within agency’s performance bond or
to prepare the body for transport.
the aforesaid 30-day escrow deposit SHALL BE
 COMPLETING all documentation
period FORTWITH GRANISHED to
 OBTAINING legal clearances satisfy the migrant worker’s
 PROCURING consular services claim.
 PROVIDING death certificates
 *The provision of Compulsory worker’s insurance SHALL the OWWA IN COORDINATION with appropriate
NOT AFFECT the joint and solidary liability of the foreign international agencies SHALL:
employer and the recruitment/ manning agency under  UNDERTAKE the repatriation of workers
Section 10 of the Migrant Workers and Overseas  THE COST is subject to reimbursement by
Filipinos Act of 1995 the responsible principal or agency
**Lawyers for the insurance companies to seafarers shall o If the principal or recruitment agency CANNOT
be accepted by the POEA if the minimum coverage is BE IDENTIFIED:
complied with.
 All costs shall be borne by the OWWA
 INSURANCE POLICIES ISSUED BY FOREIGN
through its emergency repatriation fund.
INSURANCE COMPANIES shall be accepted by the
 REPATRIATION OF UNDERAGE MIGRANT WORKERS
POEA if the minimum coverage is complied with
IS MANDATORY.
 MW RECRUITED BY THE POEA on a government-
o If there are MW who age fall below 18, the
government arrangement shall be covered by a
responsible officers in the foreign service shall
foreign employers guarantee fund established by the
WITHOUT DELAY repatriate said workers
POEA.
o License of the recruitment/ manning agency
o They shall also answer the workers’ monetary
which recruited the underaged MW SHALL BE
claim arising from breach of contractual
AUTOMATICLLY REVOKED and FINED 500,000-
obligations.
1,000,00
 MW CLASSIFIED AS REHIRES, NAME HIRES or DIRECT
o The recruitment or manning agency SHALL
HIRES, may opt to be covered by the guarantee fund
REFUND all the fees incurred by the underage
either by:
worker WITHOUT NEED OF NOTICE
o Requesting their foreign employers to pay for
 It should be paid within 30 days from the
the cost of coverage; or
date of the mandatory repatriation and is
o By paying the premium themselves.
independent of indemnification of other
 REPATRIATION OF MIGRANT WORKERS; COSTS damages the underage worker has suffered.
Repatriation of the Primary responsibility of  ILLEGAL RECRUITMENT shall mean any act of
overseas worker and the recruitment/ manning canvassing, enlisting, contracting, transporting,
the transport of his agency. ALL COSTS shall be utilizing, hiring, procuring workers and includes
personal belongings borne by or charged to the referring, contact services, promising or advertising
agency concerned and/or for employment abroad, whether for profit or not,
its principal when undertaken by a non-license or non-holder of
Repatriation of Borne by the principal authority contemplated under
remains of the and/or the recruitment  SYNDICATED ILLEGAL RECRUITMENT is carried out
overseas worker, as agency
by a group of 3 or more persons conspiring or
well as the transport of
confederating with one another
the personal
belongings of a  LARGE-SCALE ILLEGAL RECRUITMENT is committed
deceased workers and AGAINST 3 or more persons individually or as a group
all cost attendant  Large-Scale and Syndicated illegal recruitment are
thereto offenses involving ECONOMIC SABOTAGE
In cases where the The Principal/ employer or  CRIMINAL COMPLAINT for ILLEGAL RECRUITMENT
termination of agency WILL NOT BE CAN BE FILED BY:
employment is due RESPONSIBLE for the o Sec of Labor and Employment or his duly
solely to the fault of repatriation of the former authorized representative
the worker and/ or his belongings. o Administrator of the POEA or his duly authorized
representative
 EMERGENCY REPATRIATION o Any aggrieved person
o In case of war, epidemic, disasters or calamities, *Simple IR prescribes in 5 years while SIR and LSIR
natural or man-made and other similar events, prescribed in 20 years.
 SIR 12.1-20 years; 1-2 million
LSIR/SIR Life imprisonment; 2-5 million
MAXIMUM PENALTY shall be imposed:
o If the person illegally recruited is less than 18 years
old
o If committed by a non-license or non-holder of
authority
PERSONS GUILTY OF ANY PROHIBITED ACTS SHALL
SUFFER:
o 6 years and 1 day to 12 years
o 500,000 to 1,000,000
ACCESSORY PENALTIES:
o DEPORTATION after service of sentence (if
offender is an alien)
o AUTOMATIC REVOCATION of the license or
registration of the recruitment/manning agency,
lending institution, training school or medical
clinic.
 JURISDICTION of the POEA is ORIGINAL AND
EXCLUSIVE in HEARING AND DECIDING:
o ADMINISTRATIVE ASPECT of recruitment
violations committed by recruitment or manning
agencies.
o DISCIPLINARY ACTION CASES and other special
cases involving employers, principals,
contracting partners and overseas workers
processed by the POEA
*The decision of the Administrator of the POEA may be
APPEALED to the Sec. of Labor and Employment within
FIFTEEN DAYS (15) from the receipt of the decision.
 The administrator of the POEA MAY ORDER THE
CLOSURE OF THE ESTABLISHMENT if he finds (upon
preliminary examination) that the activities of a non-
licensee:
o Constitute DANGER to NATIONAL SECURITY and
PUBLIC ORDER.
o Will lead to FURTHER EXPLOITATION of job
seekers.
*effected by sealing and padlocking the establishment
and posting a notice of such closure in bold letters at a
conspicuous place in the premise of the establishment.
CLOSURE ORDER
EFFECT 1. INCLUSION of all officers and
responsible employees of the entity
engaged in IRA in the list of persons
with derogatory record.
2. Their DISQUALIFICATION from
participating in the OEP of the
government
REMEDIES 1. Motion to Reopen Establishment
-May be filed only by the owner of the
building; the building administrator; the
person or entity against whom the
closure order was issued and
implemented or the duly authorized
representative or any person or entity
legitimately operating within the
premises closed or padlocked and whose
operations or activities are distinct from
the recruitment activities of the entity
subject of the closure order.
It may be granted if it is proven that:
-Office is not subject of the closure order
-Contract of lease with the owner of the
building administrator has already been
cancelled or terminated
-Office is shared by a person or entity not
involved in illegal recruitment activities,
whether directly or indirectly
-Any other ground that the POEA may
consider as valid and meritorious.
2. Motion to Lift Closure Order
-Only the person or entity against whom
the closure order was issued and
implemented can file.
-It should be filed with the licensing and
regulation office or regional director of
the DOLE within 10 calendar days from
the date of implementation of the closure
order (lack of requirements grounds for
denial)
-Proof that the person or entity is not
involved in illegal recruitment activities
ground for lifting of closure order
-Lifting includes removal of the entity and
the names of the persons from the list of
those with derogatory record. It is
however without prejudice to the filing of
a criminal complaint with the appropriate
office against the person alleged to have
conducted illegal recruitment activities.
3. Appeal
The order of the Administrator of the
POEA denying the motion to lift or motion
to reopen may be appealed to the Sec. of
DOLE within 10 days from service or
receipt thereof
 PRESCRIPTIVE Should be filed within 3 years from
PERIOD accrual of the cause of action otherwise it
will be barred by prescription
*The Labor Arbiter of the NLRC have the OEJ to hear and
decide claims of migrant workers arising out of an
employer-employee relationship including claims for
A,M,E and other forms of damages.
 A MW who is ILLEGALLY DISMISSED is entitled to the
following reliefs:
o PAYMENT of salaries for the unexpired portion
of his employment contract
o FULL REIMBURSEMENT of his placement fee and
the deductions made with interest of 12% per
annum.
 Recruitment or manning agencies for OVERSEAS
EMPLOYMENT are JOINTLY and SEVERALLY liable
with the principal or employer for all claims and
liabilities which may arise from the implementation
of the employment contract.
o EXCEPTIONS:
 When the workers themselves were the
ones who insisted that the recruitment
agency to send them back abroad despite
their knowledge that the foreign employer
might not be able to pay their wages
because of financial difficulties and they
agreed not to hold the agency responsible
therefor.
 When the workers were recruited by the
supposed recruitment agency without the
latter’s knowledge and consent.
 If the recruitment/ placement agency is a JURIDICAL
BEING, the corporate officers and directors and
partners, as the case may be, shall themselves be
jointly and solidarily liable with the corporation or
partnership for claims and liabilities which may arise
from the implementation of the employment
contract.
 MW’s are entitled to the following SERVICES and
PRIVILEGES:
o Exemption from travel tax and airport fee
 Upon proper showing of proof of
entitlement by the POEA
o Exemption from DST
 Upon showing of proof of entitlement by the
OFW’s beneficiary or recipient.
o Travel Advisory or Information Dissemination
 All embassies and consular offices through
POEA are obliged.
o Migrant Workers and other Overseas Filipinos
Resource Center
 Required to be established within the
premises of the Philippine Embassy in
countries where there are large
concentrations of Filipino MWs.
o Migrant Workers Loan Guarantee Fund
 Administered by the OWWA may be availed
of by the MW for predeparture loan or
family assistance loan in order to further
prevent unscrupulous illegal recruiters from
taking advantage of workers seeking
employment abroad.
o Congressional Migrant Workers Scholarship
Fund
 For the benefit of deserving MW’s or their
immediate descendants below 21 years of
age who intend to pursue courses or training
primarily in the field of science and
technology.
o National Center for OFWs
 Under the DOLE to assist in the reintegration
of returning Filipino migrant workers into
the Philippine Society etc.
o Legal Assistance
 Through the Legal Assistant for Migrant
Workers Affairs under DFA
o Sectoral Representation in Congress
 Filipino Migrant Workers are entitled to 2
sectoral representatives in the HOR to be
appointed by the president from the ranks of
migrant workers. One must be a woman, and
all must has at least 2 year experience as
MW
III. PATERNITY LEAVE ACT OF 1996
 PATERNITY LEAVE is the time-off with pay granted to
a married male employee by reason of childbirth or
miscarriage of his lawful wife so that he could lend
support to his wife during her period of recovery or
in nursing of the newly born child.
 The PLA covers MARRIED MALE EMPLOYEES in both
public and private sector.
 Full-pay consists of the basic salary
 DELIVERY is either childbirth or miscarriage
 LAWFUL WIFE is a woman who is legally married to
the male employee concerned.
 COHABITING is the obligation of the husband and
wife to live together.
 DURATION: 7 days with full pay available only for the
first 4 deliveries of the legitimate spouse with whom
he is cohabiting.
 Paternity Leave Benefit is NON-CONVERTIBLE to cash
 CONDITIONS:
 He is an employee at the time of the delivery of
his child
 He is cohabiting with his spouse at the time she
gives birth or suffers a miscarriage.
 He has applied for paternity leave
 His wife has given birth or suffered a miscarriage
 WHEN TO AVAIL:
 Before, during or after the delivery by his wife.
PROVIDED that the enjoyment of the benefit
shall not exceed seven days for each delivery.
 HOW TO AVAIL:
 With his employer within a reasonable period of
time from the expected date of delivery by the
pregnant spouse, or within such period as may
be provided by company rules and regulations
or by CBA
*Prior Application for leave shall not be required for
miscarriage.
CREDIT OF EXISTING BENEFITS:
If the paternity leave benefit already enjoyed by the male
employee through CONTRACT, COMPANY POLICY or CBA
is GREATER than the benefit prescribed under the benefit
of the PLA the greater benefit shall prevail
Penal Sanctions:
 A fine not exceeding 25,000
 Imprisonment ranging from 30 days to 6 months
IV. SOLO PARENTS’ WELFARE ACT
SOLO PARENT is a person left alone with the
responsibility of parenthood due to the following
circumstances:
1. Giving birth as a result of rape or crimes against
chastity
2. Death of Spouse
3. Detention or Imprisonment of spouse for at least one
year
4. Physical or Mental Incapacity of Spouse as certified
by a public medical practitioner
5. Legal separation/de facto separation from spouse
for at least one year
6. Declaration of nullity or annulment of marriage
7. Abandonment of Spouse for at least one year
8. An unmarried mother/father who prefers to keep
and rear his/her child or children instead of having
others care for them or give them up to a welfare
institution.
9. A foster parent duly licensed by the DSWD or a legal
guardian appointed by the court, who solely
provides parental care and support to a child or
children
10. A family member who assumes responsibility of head
of family as a result of the death, abandonment,
disappearance, or prolonged absence of the parents,
or solo parent, provided, that such abandonment,
disappearance, or absence lasts for at least one year.
 BENEFITS AVAILABLE:
 Flexible Work Schedule
 Parental leave of not more than seven days
 Educational Benefits
 Housing Benefits on liberal terms in low-cost
government housing
 Medical Assistance
*Can be enjoyed as long as the solo parent continues to
be left alone with the responsibility of parenthood.
 FLEXIBLE WORK SCHEDULE
 It is a system whereby a solo parent employee is
given the right to vary his arrival and departure
time without affecting the core work hours as
defined by the employer.
 Employer is obliged to provide for a flexible
working schedule for solo parents as long as it
does not affect individual and company
productivity. If it will be affected, the employer
may request exemption from DOLE.
 In case of employees in the government, flexible
working hours will be subject to the discretion of
the head of the agency.
 Weekly working hours cannot be reduced In
the event the agency adopts a flexi-time
schedule
 The Solo Parent is entitled to the flexible work
schedule even if his income is above the poverty
 threshold set by NEDA and assessment of the
DSWD
 PARENTAL LEAVE
 It is time-off granted to a solo parent to enable
him/her to perform parental duties and
responsibilities where physical presence is
required.
 Solo Parent-Employees who have rendered
service of at least one year are entitled to PL of
not more than seven working days every year
 The seven-day parental leave is NON-
CUMULATIVE and not convertible to cash if
unused.
 CONDITIONS:
 Solo parent must have rendered at least one
year of service, whether continuous or
broken
 Solo parent must give notice to the employer
of the availment thereof within a reasonable
time period.
 Solo parent must present his SOLO PARENT
IDENTIFICATION CARD to the employer.
* The Solo Parent is entitled to the flexible work schedule
even if his income is above the poverty threshold set by
NEDA and assessment of the DSWD
 HOUSING BENFEFITS
 Solo Parent are entitled to be given allocation in
government low-cost housing projects on liberal
terms of payment provided:
 Solo Parent must MEET THE QUALIFICATION
CRITERIA for housing assistance under the
Urban Development and Housing Act and
other eligibility criteria set by the NHA
 The eligible solo parent must FILE THEIR
APPLICATON FOR HOUSING UNIT directly
with the concerned NHA Project Offices
 EDUCATIONAL BENEFITS
 Scholarship Programs for qualified solo parents
and their children in institution of basic, tertiary
and technical/skills education
 Non-Formal education programs appropriate for
solo parents and their children
 WHO CAN AVAIL
 Only Solo parents whose income in the place of
domicile falls below the poverty threshold as set
by the NEDA and assessed by the DSWD are
eligible for educational benefits
 PROCEDURE (Parent must)
 SECURE an application form from either DepEd,
CHED or TESDA depending on his need
 Submit the duly accomplished application form
together with the following documents:
 Solo Parent Identification Card
 Barangay Clearance
 Birth Certificate
 Notice of Admission from the school
 Original or Certified True Copy of the
TOR, or report card of the last year the
applicant attended school.
 WHO CAN AVAIL OF MEDICAL ASSISTANCE
 Only solo parents whose income in the place of
domicile falls below the poverty threshold as set
by the NEDA and as assessed by the DSWD are
eligible for medical assistance.
V. MAGNA CARTA FOR PERSONS WITH DISABILITY
PWD refer to those who are suffering from certain
limitations to perform an activity in the manner
considered normal for a human being, as a result of
mental, physical or sensory impairment.
RIGHTS OF PWD:
 Equal Opportunity for Employment
 The law mandates that at least 1% of all positions
in all government agencies, offices, or
corporations shall be reserved for PWDs
 Private Corporations with more than 100
employees are encouraged to reserve at least 1%
of all positions for PWDs
 Equal Terms and Conditions of Employment
 If they are qualified, they are entitled to the
same T&C of employment and the same
compensation, privileges and benefits as a
qualified able-bodied person.
ANTI-SEXUAL HARASSMENT ACT OF 1995
SEXUAL HARASSMENT is the act of demanding or
requesting sexual favor, by a person having authority or
moral ascendancy over another, regardless of whether
the demand or request is accepted or not.
 Gravamen of the offense is the abuse of power by
the employer
 It is not necessary that the demand, request or
requirement of a sexual favor may be discerned with
equal certitude from the acts of the offender. It is not
essential that the demand, request or requirement
be made as a condition for continued employment
or for promotion to a higher position.
 Sexual Harassment can be committed in
 In a work-related environment
 In an education or training environment
3. Any person having authority, influence or moral
ascendancy over another in a work or training or
education environment.
4. Any person who directs, induces or cooperates with
another to commit any act of sexual harassment
Obligations of Employer, or Head of Educational or
Training Institution
1.

Committed in a work-related environment:

1. When sexual favor is made a condition for

a. Hiring, re-employment or continued
employment
b. Granting favorable compensation, terms,
conditions, promotions or privileges
2. When refusal to grant sexual favors results in:
a. Discrimination
b. Deprivation of Employment Opportunities
c. Diminished Employment Opportunities
d. Other adverse effects
3. When Sexual Advances
a. Impair employee rights or privileges
b. Result in an intimidating, hostile or offensive
environment

Committed in an Education or Training Environment

1. When sexual favor is made a condition for

a. Passing grades
b. Granting honors and scholarships
c. Paying benefits, privileges or considerations
2. When sexual advances result in an intimidating,
hostile or offensive environment

Who can be victims?

1. Employee
2. Applicant for Employment
3. Person under the care, custody or supervision of the
offender
4. Person whose education or training is entrusted to
the offender

Who may be liable?

1. An employer, manager, supervisor, or agent of the

employer
2. A teacher, instructor, professor, coach or trainor