8C HOUSEHELPERS/CAREGIVERS

Reference: Arts. 141-152 (Chapter III, EMPLOYMENT OF HOUSEHELPERS) ; Omnibus Rules, Book III, Rule XIII; Civil Code, Arts. 1689-1699 1. DEFINITION – 141, PAR. 2

"Domestic or household service" shall mean service in the employer’s 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 employer’s household, including services of family drivers.

Rule XIII, Sec. 1 (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. 2. 3. Coverage ART. 141. Coverage. - This Chapter shall apply to all persons rendering services in households for compensation. Non-Household Work – 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. Conditions of Employment – 141-152; Civil Code, Arts. 1689-1699 CHAPTER III Employment of Househelpers

4.

Art. 141 MENTIONED

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. ART. 143. Minimum wage. - (a) Househelpers shall be paid the following minimum wage rates: (1) 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, Parañaque, Las Piñas, Pasig, Marikina, Valenzuela, Taguig and Pateros in Metro Manila and in highly urbanized cities; (2) Six hundred fifty pesos (P650.00) a month for those in other chartered cities and first-class municipalities; and (3) 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). 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. Art. 145 MENTIONED 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 househelper’s compensation, unless there is a stipulation to the contrary. 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. 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.

SECTION 9. SECTION 7. Method of payment not determinant.00) a month for those in other municipalities.If the duration of the household service is not determined either in stipulation or by the nature of the service. — The minimum wage rates prescribed under this Rule shall be basic cash wages which shall be paid to the househelpers in addition to lodging. (b) The term "househelper" as used herein is synonymous to the term "domestic servant" and shall refer to any person. Parañaque.The employer may keep such records as he may deem necessary to reflect the actual terms and conditions of employment of his househelper. Muntinlupa. in the Province of Rizal. Payment by results. Las Piñas.ART. weekly. who renders services in and about the employer's home and which services are usually necessary or desirable for the maintenance and enjoyment thereof. or by piece or output basis. Mandaluyong. Malabon. Minimum cash wage. If the househelper is unjustly dismissed. — The provisions of this Rule shall apply irrespective of the method of payment of wages agreed upon by the employer and househelper. ART. except for a just cause. SECTION 8. 150. whether it be hourly. — The equivalent minimum daily wage rate of househelpers shall be determined by dividing the applicable minimum monthly rate by thirty (30) days. If the househelper leaves without justifiable reason. 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. Children of househelpers. and in the municipalities of Makati. RULE XIII Employment of Househelpers SECTION 1. SECTION 3. (b) Forty-five pesos (P45. SECTION 5. whether male or female. such contract may be renewed from year to year. Service of termination notice. daily. . or monthly. 151. . — Where the method of payment of wages agreed upon by the employer and the househelper is by piece or output basis.00) a month for those employed in the cities of Manila. neither the employer nor the househelper may terminate the contract before the expiration of the term. which the latter shall authenticate by signature or thumbmark upon request of the employer. — The minimum compensation of househelpers shall not be less than the following rates: (a) Sixty pesos (P60. San Juan. food and medical attendance. SECTION 2. Quezon. No deductions therefrom shall be made by the employer unless authorized by the househelper himself or by existing laws. Employment contract. 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. Employment record. . Time and manner of payment.00) a month for those employed in other chartered cities and first class municipalities. — 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. SECTION 6. Navotas. Employment certification. — (a) The provisions of this Rule shall apply to all househelpers whether employed on full or part-time basis. Pasig and Marikina. 152. he or she shall be paid the compensation already earned plus that for fifteen (15) days by way of indemnity. — Wages shall be paid directly to the househelper to whom they are due at least once a month. ART. ART. . General statement on coverage. 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. — The initial contract for household service shall not last for more than two (2) years. and ministers exclusively to the personal comfort and enjoyment of the employer's family.Upon the severance of the household service relation. and (c) Thirty pesos (P30. Pasay and Caloocan. Indemnity for unjust termination of services. However.If the period of household service is fixed. SECTION 4. . Minimum monthly wage. 149. Equivalent daily rate. he or she shall forfeit any unpaid salary due him or her not exceeding fifteen (15) days.

— No househelper shall be assigned to work in a commercial. SECTION 12. the same shall not be reduced or diminished by the employer on or after said date. — When the compensation of the househelper before the promulgation of these regulations is higher than that prescribed in the Code and in this issuance. unless there is a stipulation to the contrary. lodging and medical attendance. SECTION 19. SECTION 14. If the househelper leaves without justifiable reason. . — 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. Relation to other laws and agreements. 1689. he or she shall forfeit any unpaid salary due him or her not exceeding fifteen (15) days. Art. Disposition of the househelper's body. Assignment to non-household work. SECTION 17. The head of the family shall furnish. — In case of death of the househelper. any contract for household service shall be void if thereby the house helper cannot afford to acquire suitable clothing. to the house helper. Art. 349. Art. No contract for household service shall last for more than two years. Funeral expenses. SECTION 11. SECTION 15. such contract may be renewed from year to year. 1692. nor justify an employer in reducing any benefit or privilege granted to the househelper under existing laws. If the house helper is under the age of eighteen years. SECTION 20. the employer shall give him or her an opportunity for at least elementary education. neither the employer nor the househelper may terminate the contract before the expiration of the term. If the househelper is unjustly dismissed. The cost of such education shall be part of the househelper's compensation. SECTION 18. SECTION 13. Opportunity for education. Prohibited reduction of pay. Employment certification. unless there is a stipulation to the contrary. However. 1691. industrial or agricultural enterprise at a wage or salary rate lower than that provided for agricultural and non-agricultural workers. the transfer or use of the body of the deceased househelper for purposes other than burial is prohibited. Such compensation shall be in addition to the house helper's lodging.SECTION 10. Employment records. However. In no case shall physical violence be inflicted upon the househelper. The cost of such education shall be a part of the house helper's compensation. Household service shall always be reasonably compensated. When so authorized by the househelper. — Upon the severance of the household service relationship. and medical attendance. — The employer shall furnish the househelper free suitable and sanitary living quarters as well as adequate food and medical attendance. 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. — Unless so desired by the househelper or by his or her guardian with court approval. 1693. The house helper's clothes shall be subject to stipulation. Indemnity for unjust termination of service. shorter working hours and better working conditions than those prescribed herein. — If the househelper is under the age of eighteen (18) years. the head of the family shall give an opportunity to the house helper for at least elementary education. CIVIL CODE Art. — Nothing in this Rule shall deprive a househelper of the right to seek higher wages. Board. 1690. — If the period for household service is fixed. the employer shall bear the funeral expenses commensurate to the standards of life of the deceased. suitable and sanitary quarters as well as adequate food and medical attendance. the transfer. Treatment of househelpers. use and disposition of the body shall be in accordance with the provisions of Republic Act No. SECTION 16. free of charge. Art. food. except for a just cause. — The employer shall treat the househelper in a just and humane manner. agreements or voluntary employer practices with terms more favorable to the househelpers than those prescribed in this Rule. Any stipulation that household service is without compensation shall be void. he or she shall be paid the compensation already earned plus that for fifteen (15) days by way of indemnity.

at the latest on the first business day of the week. at the latest. the head of the family shall bear the funeral expenses if the house helper has no relatives in the place where the head of the family lives. Sec.Art. notice may be given. 154. 4 Feb. articles or materials to be processed or fabricated in or about a home and thereafter to be returned or to be disposed of or distributed in accordance with his directions. the head of the family or the house helper may give notice to put an end to the service relation. Every house helper shall be allowed four days' vacation each month. Art. *Coverage and Regulation – Arts. ART. The head of the family shall treat the house helper in a just and humane manner. . notice may be given on any day that the service shall end at the close of the following day. IV (Employment of Househelpers) SECTION 1. . 1697. or (2) Sells any goods.The employment of industrial homeworkers and field personnel shall be regulated by the government through the appropriate regulations issued by the Secretary of Labor and Employment to ensure the general welfare and protection of homeworkers and field personnel and the industries employing them. Distribution of homework. he shall forfeit any salary due him and unpaid. now Book III. for not exceeding fifteen days. If the duration of the household service is not determined either by stipulation or by the nature of the service. Rule XI. the house helper may demand from the head of the family a written statement on the nature and duration of the service and the efficiency and conduct of the house helper. (3) If the compensation is paid by the month. articles or materials to be processed or fabricated in or about a home and then rebuys them after such processing or fabrication. Regulations of Secretary of Labor. Art. DOLE. agent contractor. 1699. according to the following rules: (1) If the compensation is paid by the day. with sufficient means therefor. with pay. 155. that the service shall cease at the end of the month. which have been furnished directly or indirectly by an employer and thereafter to be returned to the latter. the "employer" of homeworkers includes any person. Regulation of industrial homeworkers. . If the house helper is unjustly dismissed. 1695. House helper shall not be required to work more than ten hours a day. except for a just cause. Upon the extinguishment of the service relation. If the period for household service is fixed neither the head of the family nor the house helper may terminate the contract before the expiration of the term.The regulations or orders to be issued pursuant to this Chapter shall be designed to assure the minimum terms and conditions of employment applicable to the industrial homeworkers or field personnel involved. If the house helper leaves without justifiable reason. . or causes to be delivered. 1696. In no case shall physical violence be used upon the house helper. General statement on coverage. 1992. 5. in whole or in part. — This Rule shall apply to any homeworker who performs in or about his home any processing of goods or materials. sub-contractor or any other person: (1) Delivers. natural or artificial who. or on behalf of any person residing outside the country. Art. ART. 153-155 ART. or through an employee. either by himself or through some other person. (2) If the compensation is paid by the week. 1694.For purposes of this Chapter. *Coverage and Regulation – Department Order No. that the service shall be terminated at the end of the seventh day from the beginning of the week. for his account or benefit. Art. he shall be paid the compensation already earned plus that for fifteen days by way of indemnity. notice may be given. 1698. directly or indirectly. on the fifth day of the month. 8D HOMEWORKERS 1. 153. any goods. In case of death of the house helper. Art.

— In cases of disagreement between the homeworker and the employer. Its decision shall be final and unappealable. 5 and 6 of this Rule. Payment for work. Provided. The Regional Office shall decide the case within ten (10) working days from receipt of the case. (d) "Processing" means manufacturing. Deductions. the homeworker shall be paid within the week after the contractor or subcontractor has collected the goods or articles from the homeworkers. or any other person: (1) Delivers or causes to be delivered any goods or articles to be processed in or about a home and thereafter to be returned or to be disposed of or distributed in accordance with his direction. contractor. — In cases of disagreement between the homeworker and the employer. as a dwelling place. Disagreement between homeworkers and employer. destroyed. contractor. for his own account or benefit. 2. the following terms shall have the meanings indicated hereunder: (a) "Home" means any room. (c) The amount of such deduction is fair and reasonable and shall not exceed the actual loss or damages. apartment. except those situated within the premises or compound of an employer. soiled or otherwise damaged unless the following conditions are met: (a) The homeworker concerned is clearly shown to be responsible for the loss or damage. either party may refer the case to the Regional Office having jurisdiction over the homeworker. wrapping or handling any material. delivers or caused to be delivered to a homeworker goods or articles to be processed in or about his home and thereafter to be returned.cralaw SECTION 5. in whole or in part. Registration – Secs. 4. 4 & 6 SECTION 4. 10 8.cralaw (b) The Secretary of Labor and Employment shall from time to time establish the standard minimum piece or output rate in appropriate orders for the particular work or processing to be performed by the homeworkers. — (a) Immediately upon receipt of the finished goods or articles. Its decision shall be final and unappealable. packing. — (a) The employer may require the homeworker to re-do work which has been improperly executed without having to pay the stipulated rate more than once. However. or through any employee. for the account or benefit of an employer. 13 Enforcement – Sec. the employer shall pay the homeworker or the contractor or sub-contractor. 7. 5. finishing. disposed of or distributed in accordance with the direction of the employer. altering. SECTION 3. or (2) Sells any goods or articles for the purpose of having such goods or articles processed in or about a home and then repurchases them himself or through another after such processing. 5 and 6 of this Rule.cralaw . (b) The employee is given reasonable opportunity to show cause why deductions should not be made. (c) "Contractor" or "sub-contractor" means any person who. Disagreement between homeworkers and employer. Definition – Sec. contractor or sub-contractor on matters falling under Section 4 (a). or for. for the work performed. Conditions of Employment/Deductions – Sec. Conditions for payment of work. — No employee. or sub-contractor shall make any deduction from the homeworker's earnings for the value of materials which have been lost. and the work performed therein is under the active or personal supervision by. DO No.2. 11 Prohibitions – Sec. 5 As used in this Rule. either party may refer the case to the Regional Office having jurisdiction over the homeworker. as the case may be. 3. or on behalf of any person residing outside the Philippines. sub-contractor. 6 – 9 SECTION 6. repairing. and (d) The deduction is made at such rate that the amount deducted does not exceed 20% of the homeworker's earnings in a week. directly or indirectly. contractor. Joint and Several Liability of employer/contractor – Sec. 9. house. (b) "Employer" means any natural or artificial person who. contractor or sub-contractor on matters falling under Section 4 (a). or other premises used regularly. 6. 5. fabricating. that where payment is made to a contractor or sub-contractor. SECTION 6. agent. The Regional Office shall decide the case within ten (10) working days from receipt of the case. the latter.

. it shall be the duty of such employer to provide in such contract that the employees or homeworkers of the contractor and the latter's sub-contractor shall be paid in accordance with the provisions of this Rule. SECTION 7. such employer shall be jointly and severally liable with the contractor or sub-contractor to the workers of the latter. Liability of employer and contractor. or sub-contractor need not pay the homeworker for any work which has been done on goods and articles which have been returned for reasons attributable to the fault of the homeworker. — Whenever an employer shall contract with another for the performance of the employer's work. In the event that such contractor or sub-contractor fails to pay the wages or earnings of his employees or homeworkers as specified in this Rule. (b) An employer. contractor. cralaw 12. to the extent that such work is performed under such contract.cralaw 11. in the same manner as if the employees or homeworkers were directly engaged by the employer.10.

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