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Anti-Age Discrimination in Employment Law - Imprisonment of not less than 3 months but not more

Republic Act 10911 than 2 years


- If the offense is committed by a corporation, trust, firm,
1. Who are covered? partnership or association or other entity, the penalty shall
All employers, labor contractors or subcontractors, labor be imposed upon the guilty officer or officers of such
organizations, and publishers. corporation, trust, firm, partnership or association or
entity.
2. What are the prohibited acts?
Employer 5. Which agency will implement the Anti-Age
- Print or publish, or cause to be printed or published, in Discrimination Bill?
any form of media, including the internet, any notice of The Department of Labor and Employment (DOLE) shall
advertisement relating to employment suggesting have the authority to investigate and require the keeping
preferences, limitations, specifications, and discrimination of records necessary for the administration of this Act. The
based on age; Secretary of Labor and Employment shall formulate the
- Require the declaration of age or birth date during the necessary Implementing Rules and Regulations (IRR)
application process; within 90 days from effectivity of the law.
- Decline any employment application because of the
individuals age; MATERNITY BENEFITS UNDER SSS
- Discriminate against an individual in terms of - The maternity benefit is a daily cash allowance
compensation, terms and conditions or privileges of granted to a female member who was unable to work due
employment on account of such individuals age; to childbirth or miscarriage.
- Deny any employees or workers promotion or Qualifying conditions:
opportunity for training because of age; The maternity benefit is offered only to female SSS
- Forcibly lay off an employee or worker because of old members. A member is qualified to avail of this benefit if:
age; or 1. She has paid at least three monthly contributions
- Impose early retirement on the basis of such employees within the 12-month period immediately
or workers age. preceding the semester of her childbirth or
miscarriage.
Labor Contractor or Subcontractor 2. She has given the required notification of her
- Refuse to refer for employment or otherwise discriminate pregnancy to SSS through her employer if
against any individual because of such persons age employed; or submitted the maternity notification
directly to the SSS if separated from employment,
Labor Organization a voluntary or self-employed member.
- Deny membership to any individual because of such Application:
individuals age; A. Notification Procedures
- Exclude from its membership any individual because of For Employees and Employers:
such individuals age; or As soon as a member becomes pregnant, she must
- Cause or attempt to cause an employer to discriminate immediately notify her employer of such pregnancy and
against an individual the probable date of her childbirth at least 60 days from
the date of conception by accomplishing the SSS
Publisher Maternity Notification Form and by submitting proof of
- Print or publish any notice of advertisement relating to pregnancy.
employment suggesting preferences, limitations,
specifications, and discrimination based on age. The employer must, in turn, notify the SSS through the
submission of the maternity notification form and proof of
3. Are there exceptions to the prohibition on age pregnancy immediately after the receipt of the notification
limitation? from the employee member.
Age is a bona fide occupational qualification
- Age is a bona fide occupational qualification reasonably Notification may be made over the counter at an SSS
necessary in the normal operation of a particular business branch, or online through the SSS Website
or where the differentiation is based on reasonable factors (www.sss.gov.ph), in which the member/employer must be
other than age; a registered user.

Bona fide seniority system For Unemployed, Self-employed and Voluntary


- The intent is to observe the terms of a bona fide seniority Members:
system that is not indicated to evade the purpose of this Unemployed, self-employed or voluntary paying members
Act should notify the SSS directly.

Bona fide employee retirement or a voluntary early Effects of failure or delay in notification
retirement plan If the employee fails to notify the employer, or the SSS, in
- The intent is to observe the terms of a bona fide the case of an unemployed, self-employed or voluntarily
employee retirement or a voluntary early retirement plan paying member, the maternity benefit application may be
consistent with the purpose of this Act: Provided, That denied.
such retirement or voluntary retirement plan is in Application Requirements
accordance with the Labor Code, as amended, and other a. For Notification
related laws For Employee , Unemployed/Self-
Employed/Voluntary members
The action is duly certified by the Secretary of Labor and Maternity Notification Form
Employment
UMID or SSS biometrics ID card or two (2)
other valid IDs, both with signature and at
4. What are the penalties?
least one (1) with photo and date of birth
At the discretion of the court
Proof of pregnancy (ultrasound report)
- Fine of P50,000.00 but not more than P500,000.00
For Reimbursement days for normal delivery or miscarriage, 78 days for
For Employed Members caesarean section delivery.
Maternity Notification Form duly stamped and Benefit Computation:
received by SSS 1. Exclude the semester of contingency (delivery or
Maternity Reimbursement Form miscarriage).
UMID or SSS biometrics ID card or two (2) A semester refers to two consecutive quarters
other valid IDs, both with signature and at ending in the quarter of sickness.
least one (1) with photo and date of birth A quarter refers to three consecutive months
To ensure receipt of benefits by members, authorized ending March, June, September or December.
company representatives who file maternity benefit claim 2. Count 12 months backwards starting from the
must present the member's SSS digitized ID or E-6 month immediately before the semester of
acknowledgement stub with two valid IDs (at least one contingency.
with photo). This requirement is in addition to the 3. Identify the six highest monthly salary credits
presentation by the company representative's own SSS within the 12-month period.
digitized ID and blue-card. Monthly salary credit salary credit means the
compensation base for contributions and benefits related
For Separated Members to the total earnings for the month. (The maximum
covered earnings or compensation is P16,000 effective
Maternity Reimbursement Form
January 1, 2014).
Certification from last employer showing
1. Add the six highest monthly salary credits to get
the effective date of separation from
the total monthly salary credit.
employment or notice of company's
2. Divide the total monthly salary credit by 180 days
closure/strike or certification from the
to get the average daily salary credit. This is
Department of Labor and Employment that
equivalent to the daily maternity allowance.
the employee or employer has a pending
3. Multiply the daily maternity allowance by 60 (for
labor case.
normal delivery or miscarriage) or 78 days (for
Certification that no advance payment was granted (if
caesarean section delivery) to get the total
confinement days applied for are within or prior to amount of maternity benefit.
separation). For example, let us say that an SSS member gives birth
UMID or SSS biometrics ID card or two (2) other valid in December 2013.
IDs, both with signature and at least one (1) with photo a. The semester of contingency would be
and date of birth from July 2013 to December 2013.
b. The 12-month period before the
For Self-Employed/Voluntary semester of contingency would be from
Members July 2012 to June 2013.
Maternity Notification Form duly stamped and c. Let us assume that the six highest
received by SSS monthly salary credits are P15,000 each.
Maternity Reimbursement Form Thus, the total monthly salary credit
UMID or SSS biometrics ID card or two (2) other valid would be P90,000 (P15, 000 x 6).
IDs, both with signature and at least one (1) with d. The daily maternity allowance would be
photo and date of birth P500 (P90,000/180).
e. The total maternity benefit due
Additional Requirements would be P30,000 (P500 x 60 days)
Normal delivery - certified true for normal
or authenticated copy of duly registered birth delivery/miscarriage/ectopic
certificate. In case the child dies or is a pregnancy not requiring operation,
stillborn, duly registered death or fetal death or P39,000 (P500 x 78) for caesarian
certificate. cases or ectopic pregnancy
Caesarean delivery - certified or authenticated requiring operation.
copy of duly registered birth certificate and IMPORTANT!
certified true copy of operating room The maternity benefit shall be paid only for the
record/surgical memorandum. first four (4) deliveries or miscarriages starting
Miscarriage or abortion - May 24, 1997 when the Social Security Act of
obstetrical history stating the number of 1997 (RA8282) took effect.
pregnancy certified by the attending physician For employed members, the benefit is
and dilatation and curettage (D&C) report for advanced by the employer to the qualified
incomplete abortion, pregnancy test before and employee, in full, within 30 days from the date of
after abortion with age of gestation and filing of the maternity leave application. The SSS,
hystopath report for complete abortion. in turn, shall immediately reimburse the employer
100 percent of the amount of maternity benefit
C. Filing Procedure advanced to the female employee upon receipt of
Claims may be filed at the nearest SSS office. However, satisfactory proof of such payment and legality
processing will be done at the branch where the employer thereof.
and employee records are based. You can also watch our If the employee member gives birth or suffers miscarriage
How-To video for a more detailed instruction. without the required contributions having been remitted
by the employer, or the employer fails to notify the SSS,
The maternity benefit shall be paid only for the first four the employer will be required to pay to the SSS damages
(4) deliveries or miscarriages starting May 24, 1997 when equivalent to the benefits the employee would otherwise
the Social Security Act of 1997 (RA 8282) took effect. have been entitled to.

Benefit Computation For separated/voluntary/self-employed


- The maternity benefit is equivalent to 100 per cent of the members, the amount of benefit is paid directly to them
member's average daily salary credit multiplied by 60 by the SSS.
A female member cannot claim for sickness
benefit for a period of 60 days for normal
delivery or miscarriage or 78 days for caesarean
delivery within which she has been paid the
maternity benefit. As a rule, no member can be
entitled to two benefits for the same period.
REPUBLIC ACT NO. 10151 available to women workers who would otherwise be
AN ACT ALLOWING THE EMPLOYMENT OF NIGHT called upon to perform such work:
WORKERS, THEREBY REPEALING ARTICLES 130 AND (a) Before and after childbirth, for a period of at least
131 OF PRESIDENTIAL DECREE NUMBER FOUR sixteen (16) weeks, which shall be divided between the
HUNDRED FORTY-TWO, AS AMENDED, OTHERWISE time before and after childbirth;
KNOWN AS THE LABOR CODE OF THE PHILIPPINES (b) For additional periods, in respect of which a medical
Be it enacted by the Senate and House of Representatives certificate is produced stating that said additional periods
of the Philippines in Congress assembled: are necessary for the health of the mother or child:
SECTION 1. Article 130 of the Labor Code is hereby (1) During pregnancy;
repealed. (2) During a specified time beyond the period, after
SEC. 2. Article 131 of the Labor Code is hereby repealed. childbirth is fixed pursuant to subparagraph (a) above, the
SEC. 3. The subsequent articles in Boot Three, Title III, length of which shall be determined by the DOLE after
Chapter I to Chapter IV of Presidential Decree No. 442 are consulting the labor organizations and employers.
hereby renumbered accordingly. During the periods referred to in this article:
(i) A woman worker shall not be dismissed or given notice
SEC. 4. A new chapter is hereby inserted after Book Three, of dismissal, except for just or authorised causes provided
Title III of Presidential Decree No. 442, to read as follows: for in this Code that are not connected with pregnancy,
Chapter V childbirth and childcare responsibilities.
Employment of Night Workers (ii) A woman worker shall not lose the benefits regarding
Art. 154. Coverage. This chapter shall apply to all her status, seniority, and access to promotion which may
persons, who shall be employed or permitted or suffered attach to her regular night work position.
to work at night, except those employed in agriculture, Pregnant women and nursing mothers may he allowed to
stock raising, fishing, maritime transport and inland work at night only if a competent physician, other than the
navigation, during a period of not less than seven (7) company physician, shall certify their fitness to render
consecutive hours, including the interval from midnight to night work, and specify, in the ease of pregnant
five oclock in the morning, to be determined by the employees, the period of the pregnancy that they can
Secretary of Labor and Employment, after consulting the safely work.
workers representatives/labor organizations and The measures referred to in this article may include
employers. transfer to day work where this is possible, the provision of
Night worker means any employed person whose work social security benefits or an extension of maternity leave.
requires performance of a substantial number of hours of The provisions of this article shall not have the effect of
night work which exceeds a specified limit. This limit shall reducing the protection and benefits connected with
be fixed by the Secretary of Labor after consulting the maternity leave under existing laws.
workers representatives/labor organizations and Art. 159. Compensation. The compensation for night
employers. workers in the form of working time, pay or similar
Art. 155. Health Assessment, At their request, workers benefits shall recognize the exceptional nature of night
shall have the right to undergo a health assessment work.
without charge and to receive advice on how to reduce or Art. 160. Social Services.Appropriate social services
avoid health problems associated with their work: shall be provided for night workers and, where necessary,
(a) Before taking up an assignment as a night worker; for workers performing night work.
(b) At regular intervals during such an assignment; and Art. 161. Night Work Schedules. Before introducing
(c) If they experience health problems during such an work schedules requiring the services of night workers, the
assignment which are not caused by factors other than the employer shall consult the workers representatives/labor
performance of night work. organizations concerned on the details of such schedules
With the exception of a finding of unfitness for night and the forms of organization of night work that are best
work, the findings of such assessments shall not be adapted to the establishment and its personnel, as well as
transmitted to others without the workers consent and on the occupational health measures and social services
shall not be used to their detriment. which are required. In establishments employing night
Art. 156. Mandatory Facilities. Suitable first-aid facilities workers, consultation shall take place regularly.
shall be made available for workers performing night work, SEC. 5. The subsequent articles starting from Book Four,
including arrangements where such workers, where Title I, Chapter I of Presidential Decree No. 442 are hereby
necessary, can be taken immediately to a place for renumbered accordingly.
appropriate treatment. The employers are likewise SEC. 6. Application. The measures referred to in this
required to provide safe and healthful working conditions chapter shall be applied not later than six (G) months from
and adequate or reasonable facilities such as sleeping or the effectivity of this Act.
resting quarters in the establishment and transportation SEC. 7. Guidelines. The DOLE shah promulgate
from the work premises to the nearest point of their appropriate regulations in addition to existing ones to
residence subject to exceptions and guidelines to be ensure protection, safety and welfare of night workers.
provided by the DOLE. SEC. 8. Penalties. Any violation of this Act, and the rules
Art. 157. Transfer. Night workers who are certified as and regulations issued pursuant hereof shall be punished
unfit for night work, due to health reasons, shall be with a fine of not less than Thirty thousand pesos
transferred, whenever practicable, to a similar job for (P30,000.00) nor more than Fifty thousand pesos
which they are fit to work. (P50,000.00) or imprisonment of not less than six (6)
If such transfer to a similar job is not practicable, these months, or both, at the discretion of the court. If the
workers shall be granted the same benefits as other offense is committed by a corporation, trust, firm,
workers who are unable to work, or to secure employment partnership or association, or other entity, the penalty
during such period. shall be imposed upon the guilty officer or officers of such
A night worker certified as temporarily unfit for night work corporation, trust, firm, partnership or association, or
shall be given the same protection against dismissal or entity.
notice of dismissal as other workers who are prevented
from working for reasons of health.
Art. 158. Women Night Workers. Measures shall be
taken to ensure that an alternative to night work is
Occupational Health And Conditions Of Womens female employees who underwent surgery caused by
Work gynecological disorders, not limited to, dilatation and
It is necessary for a working woman to balance her career curettage and those involving female reproductive organs,
and family responsibilities. This may be insurmountable as certified by a competent physician. Further, in DOLE
given the conflicting demands of both, thus, a safe Department Order No. 112-A, it was clarified that the
working environment and access to essential services is benefit consists of two (2) months paid leaves based on
essential. gross monthly compensation (salary plus allowances).To
be eligible, the availing female employee should have
The Magna Carta of Women provides for mechanisms to rendered at least six (6) months continuous aggregate
offset gender-based disadvantages or limitations of employment service for the last twelve (12) months prior
women, as a result of which women are denied or to surgery. The benefit can only be availed of for a
restricted in their rights and in their access to and maximum period of two (2) months per year. The benefit
enjoyment of opportunities, benefits, or privileges. cannot be taken from existing statutory leaves, as it is
Recognizing the foregoing principle, the Magna Carta of considered in addition to leave benefits granted under
Women and its implementing rules and regulations (IRR) existing laws. Where the woman employee undergoes
provide that the Department of Labor and Employment surgery due to gynaecological disorder during her
(DOLE) and Civil Service Commission (CSC), for the private maternity leave, she is entitled only to the difference
and public sector, respectively, are mandated to provide between the SLB and maternity leave. In the event that an
family health services. These include, but are not limited extended leave is necessary, the female employee may
to, (1) day care and child minding centers, (2) use her earned leave credits.
breastfeeding or lactation stations with appropriate
facilities and corresponding nursing/lactation breaks, (3) Battered Woman Leave (10 Days)
health education, (4) counselling on breastfeeding, (5) R.A. No. 9262 (Anti Violence against Women and Children
seminars on responsible parenthood and family planning, Act of 2004) entitles women who are victims of violence
(6) non-sexist child-rearing, (7) shared parenting and whether physical, sexual or psychological to an additional
family responsibility, (8) annual family day and (9) flexible paid leaves of up to ten (10) days. The leave benefit shall
work arrangements. cover the days that the woman employee has to attend to
To ensure compliance therewith, government agencies and medical and legal concerns. The leave may be extended,
private employers shall be monitored by the CSC and without pay, when the necessity arises as specified in the
DOLE, respectively. In establishing the required facilities, protection order.
the Local Government Units (LGUs) shall make compliance - A requirement to apply for the battered woman leave is a
thereof a pre-requisite in the grant of any form of building certification obtained from the Barangay Captain or
and business permit. Kagawad or prosecutor or the clerk of court that an action
based on R. A. 9262 has been filed and is pending. The use
Women Night Workers of the ten-day leave is at the option of the woman
Consistent with giving women equal access to employee. It shall be used for the days that she need to
employment opportunities, the night work prohibition in attend to medical and legal concerns. Leaves not availed
the Labor Code of the Philippines was repealed by of are non-cumulative and not convertible to cash. Indeed,
Republic Act No. 10151 (An Act Allowing Employment of the battered woman leave is useful for women as victims
Night Workers Thereby Repealing Articles 130 and 131 of of violence. Lastly, this law is only applicable in the
the Labor Code) which provides the terms and conditions Philippines.
for the employment of women night workers.
Notably, night workers are those whose work covers the Solo Parent Leave (7 Days)
period from 10 p.m. to 6 a.m. the following morning, For women who are solo parents as defined in the law, R.A.
provided, that the worker performs no less than seven (7) No. 8972 (The Solo Parents Welfare Act of 2000) grants
consecutive hours of work. Pregnant or nursing women seven (7) working days every year to any solo parent
night workers are given the added privilege, as far as employee who has rendered service for at least one (1)
practicable, to be assigned to day work, before and after year.
childbirth for a period of at least sixteen (16) weeks which
shall be divided between the time before and after Sexual Harassment In The Workplace
childbirth. Where transfer to day work is not possible, a In general, economic abuse, physical, sexual or
woman employee may be allowed to extend her maternity psychological harassment of women is covered by R.A. No.
leave without pay or to use earned leave credits. 9262 (Anti-Violence Against Women and Children Act of
2004). However, for purposes of sexual harassment in the
Duration Of Maternity Leaves workplace, in which male employees are equally
The Philippines minimum maternity benefits are limited to protected, R.A. 7877 (Anti-Sexual Harassment Act of
sixty (60) calendar days of paid leaves for normal delivery 1995) provides for a broader definition of work-related
and seventy-eight (78) paid leaves for caesarian delivery sexual harassment. As held in Philippine Aeolus Auto-
based on the employees average daily salary credit as Motive United Corporation et al., v. National Labor
prescribed by the guidelines of the Social Security System Relations Commission et al., the gravamen of the offense
(SSS). A careful examination of the countrys maternity in sexual harassment is not the violation of the employee's
benefits would show that it provides for less compared to sexuality but the abuse of power by the employer.Thus,
the 2000 International Labor Organization (ILO) Maternity work-related sexual harassment is committed by an
Protection Convention No. 183, which the Philippines has employer, employee, manager, supervisor, or any other
yet to ratify. In the said ILO Convention, a woman is person who, having authority, influence or moral
entitled to a period of maternity leave of not less than ascendancy over another in a work environment,
fourteen (14) weeks or ninety-eight (98) days. By far, the demands, requests or otherwise requires any sexual favor
Philippines lags far behind with the global standards. from the other, regardless of whether the demand, request
or requirement for submission is accepted. It is also
Leave Benefits committed when the sexual favor is made as a condition
Special Leave Benefits (2 Months) which may affect ones employment or the refusal to grant
Aside from the maternity leave benefits, the Magna Carta the sexual favor would have adverse results. The law also
of Women provides for special leave benefits (SLB) to considers that there exists work-related sexual
harassment when the above mentioned acts would result allowing him to take a leave for 7 days, with full pay, for
in an intimidating, hostile, or offensive environment for the the first 4 deliveries of his legitimate spouse with whom he
employee. is cohabiting.
Republic Act No. 8187, also known as the Paternity Leave
R.A. No. 7877 (Anti-Sexual Harassment Act of Act of 1996, grants paternity leave of seven days with full
1995) requires the employer to prevent or deter the pay to all married male employees in the private and
commission of acts of sexual harassment and to provide public sectors to enable the married male employee to
the procedures for the resolution, settlement or effectively lend support and assistance to his wife in her
prosecution of acts of sexual harassment. Towards this period of recovery and in the nursing of their newly born
end, the employer shall: (1) promulgate appropriate rules child.
and regulations in consultation with and jointly approved
by the employees, through their duly designated Paternity Leave Act of 1996
representatives, prescribing the procedure for the AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7)
investigation of sexual harassment cases and the DAYS WITH FULLPAY TO ALL MARRIED EMPLOYEES
administrative sanctions and, (2) create a committee on IN THE PRIVATE AND PUBLIC SECTORS FOR THE
decorum and investigation of cases on sexual harassment. FIRST FOUR (4) DELIVERIES OF THE LEGITIMATE
The committee shall be composed of at least one (1) SPOUSE WITH WHOM HE IS COHABITING AND FOR
representative each from the management, the union, if OTHER PURPOSES
any, the employees from the supervisory rank, and from
the rank and file employees. In the event that the SECTION 1. Short Title. - This Act shall be known as the
employer is informed of such acts by the offended party "Paternity Leave Act of 1996".
and no immediate action is taken, the employer shall be
solidarily liable for damages. SECTION 2. Notwithstanding any law, rules and
regulations to the contrary, every married male employee
Non-Discrimination/Equal Remuneration For Work in the private and public sectors shall be entitled to a
Of Equal Value paternity leave of seven (7) days with full pay for the first
Central to the protection given to women is the prohibition four (4) deliveries of the legitimate spouse with whom he
of discrimination in any of its forms. R.A. No. 6725 (An Act is cohabiting. The male employee applying for paternity
Strengthening the Prohibition on Discrimination Against leave shall notify his employer of the pregnancy of his
Women with Respect to Terms and Conditions of legitimate spouse and the expected date of such delivery.
Employment, Amending for the Purpose Article One For purposes, of this Act, delivery shall include childbirth
Hundred Thirty Five of the Labor Code), which amended or any miscarriage.
Article 135 (Discrimination Prohibited) of the Labor Code,
strengthened the prohibition on discrimination against SECTION 3. Definition of Term. - For purposes of this
women by attaching criminal liability for wilful commission Act, Paternity Leave refers to the benefits granted to a
of unlawful acts of discrimination against women, which married male employee allowing him not to report for
include, but not limited to the following: (a) payment of a work for seven (7) days but continues to earn the
lesser compensation to a female employee as against a compensation therefor, on the condition that his spouse
male employee, for work of equal value; and (b) favoring a has delivered a child or suffered a miscarriage for
male employee over a female employee with respect to purposes of enabling him to effectively lend
promotion, training opportunities, study and scholarship support to his wife in her period of recovery and/or in the
grants solely on account of their sexes. nursing of the newly-born child.

Also, Article 136 (Stipulation Against SECTION 4. The Secretary of Labor and Employment, the
Marriage) declares as unlawful to require as a condition Chairman of the Civil Service Commission and the
of employment or continuation of employment that a Secretary of Health shall, within thirty (30) days from the
woman employee shall not get married, to dismiss or to effectivity of this Act, issue such rules and regulations
prejudice a female employee who contracts marriage. necessary for the proper implementation of the provisions
Moreover, Article 137 (Prohibited Acts) makes it hereof.
unlawful to deny or to discharge any woman employee for
the purpose of preventing her from enjoying the benefits SECTION 5. Any person, corporation, trust, firm,
provided for in the law. partnership, association or entity found violating this Act
In closing, the Decent Work Country Profile The or the rules and regulations promulgated thereunder shall
Philippines, which was issued in October 2012 by the ILO, be punished by a fine not exceeding Twenty-five thousand
noted that the various pieces of legislation enacted to pesos (P25,000) or imprisonment of not less than thirty
promote the interests of women at work have led to a (30)days nor more than six (6) months.
growing share of women in total employment and in non-
agricultural wage employment. However, an overriding If the violation is committed by a corporation, trust or
point of concern of the study is that womens average firm, partnership, association or any other entity, the
daily basic pay is lower than that of men because these penalty of imprisonment shall be imposed on the entity's
women may be occupying lower-ranking positions. The responsible officers, including, but not limited to, the
study noted that in 2010, women service and sales president, vice-president, chief executive officer, general
workers were paid an average daily basic pay that is 35.7 manager, managing director or partner directly
percent lower than their men counterparts. While responsible therefor.
legislation may have provided minimum protection to
women, such does not automatically equate to a better SECTION 6. Nondiminution Clause. - Nothing in this
quality of womens qualifications and her working terms, Act shall be construed to reduce any existing benefits of
standards and conditions. Thus, while the groundwork has any form granted under existing laws, decrees, executive
been laid, empowering women in the workplace is still, in orders, or any
more ways than one, a work in progress. contract agreement or policy between employer and
employee.
Paternity leave refers to the benefits granted to a
married male employee in the private and public sectors
[REPUBLIC ACT NO. 10361] (e) Employer refers to any person who engages and
AN ACT INSTITUTING POLICIES FOR THE controls the services of a domestic worker and is party to
PROTECTION the employment contract.
AND WELFARE OF DOMESTIC WORKERS
(f) Household refers to the immediate members of the
ARTICLE I: GENERAL PROVISIONS family or the occupants of the house that are directly
provided services by the domestic worker.
SECTION 1. Short Title. This Act shall be known as the
Domestic Workers Act or Batas Kasambahay. (g) Private Employment Agency (PEA) refers to any
individual, legitimate partnership, corporation or entity
SEC. 2. Declaration of Policies. It is hereby declared that: licensed to engage in the recruitment and placement of
(a) The State strongly affirms labor as a primary social domestic workers for local employment.
force and is committed to respect, promote, protect and
realize the fundamental principles and rights at work (h) Working children, as used under this Act, refers to
including, but not limited to, abolition of child labor, domestic workers who are fifteen (15) years old and above
elimination of all forms of forced labor, discrimination in but below eighteen (18) years old.
employment and occupation, and trafficking in persons,
especially women and children; ARTICLE II: RIGHTS AND PRIVILEGES

(b) The State adheres to internationally accepted working SEC. 5. Standard of Treatment. The employer or any
conditions for workers in general, and establishes labor member of the household shall not subject a domestic
standards for domestic workers in particular, towards worker or kasambahay to any kind of abuse nor inflict
decent employment and income, enhanced coverage of any form of physical violence or harassment or any act
social protection, respect for human rights and tending to degrade the dignity of a domestic worker.
strengthened social dialogue;
SEC. 6. Board, Lodging and Medical Attendance. The
(c) The State recognizes the need to protect the rights of employer shall provide for the basic necessities of the
domestic workers against abuse, harassment, violence, domestic worker to include at least three (3) adequate
economic exploitation and performance of work that is meals a day and humane sleeping arrangements that
hazardous to their physical and mental health; and ensure safety.

(d) The State, in protecting domestic workers and The employer shall provide appropriate rest and
recognizing their special needs to ensure safe and assistance to the domestic worker in case of illnesses and
healthful working conditions, promotes gender-sensitive injuries sustained during service without loss of benefits.
measures in the formulation and implementation of
policies and programs affecting the local domestic work. At no instance shall the employer withdraw or hold in
abeyance the provision of these basic necessities as
SEC. 3. Coverage. This Act applies to all domestic punishment or disciplinary action to the domestic worker.
workers employed and working within the country.
SEC. 7. Guarantee of Privacy. Respect for the privacy of
SEC. 4. Definition of Terms. As used in this Act, the term: the domestic worker shall be guaranteed at all times and
shall extend to all forms of communication and personal
(a) Debt bondage refers to the rendering of service by the effects. This guarantee equally recognizes that the
domestic worker as security or payment for a debt where domestic worker is obliged to render satisfactory service
the length and nature of service is not clearly defined or at all times.
when the value of the service is not reasonably applied in
the payment of the debt. SEC. 8. Access to Outside Communication. The employer
shall grant the domestic worker access to outside
(b) Deployment expenses refers to expenses that are communication during free time: Provided, That in case of
directly used for the transfer of the domestic worker from emergency, access to communication shall be granted
place of origin to the place of work covering the cost of even during work time. Should the domestic worker make
transportation. Advances or loans by the domestic worker use of the employers telephone or other communication
are not included in the definition of deployment expenses. facilities, the costs shall be borne by the domestic worker,
unless such charges are waived by the employer.
(c) Domestic work refers to work performed in or for a
household or households. SEC. 9. Right to Education and Training. The employer
shall afford the domestic worker the opportunity to finish
(d) Domestic worker or Kasambahay refers to any basic education and may allow access to alternative
person engaged in domestic work within an employment learning systems and, as far as practicable, higher
relationship such as, but not limited to, the following: education or technical and vocational training. The
general househelp, nursemaid or yaya, cook, gardener, employer shall adjust the work schedule of the domestic
or laundry person, but shall exclude any person who worker to allow such access to education or training
performs domestic work only occasionally or sporadically without hampering the services required by the employer.
and not on an occupational basis.
SEC. 10. Prohibition Against Privileged Information. All
The term shall not include children who are under foster communication and information pertaining to the
family arrangement, and are provided access to education employer or members of the household shall be treated as
and given an allowance incidental to education, i.e. privileged and confidential, and shall not be publicly
baon, transportation, school projects and school disclosed by the domestic worker during and after
activities. 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, SEC. 15. Prohibition on Debt Bondage. It shall be
and chastity. unlawful for the employer or any person acting on behalf
of the employer to place the domestic worker under debt
ARTICLE III: PRE-EMPLOYMENT bondage.

SEC. 11. Employment Contract. An employment contract SEC. 16. Employment Age of Domestic Workers. It shall
shall be executed by and between the domestic worker be unlawful to employ any person below fifteen (15) years
and the employer before the commencement of the of age as a domestic worker. Employment of working
service in a language or dialect understood by both the children, as defined under this Act, shall be subject to the
domestic worker and the employer. The domestic worker provisionsof Section 10(A), paragraph 2 of Section 12-A,
shall be provided a copy of the duly signed employment paragraph 4 of Section 12-D, and Section 13 of Republic
contract which must include the following: Act No. 7610, as amended, otherwise known as the
Special Protection of Children Against Child Abuse,
(a) Duties and responsibilities of the domestic worker; Exploitation and Discrimination Act.
(b) Period of employment;
(c) Compensation; Working children shall be entitled to minimum wage, and
(d) Authorized deductions; all benefits provided under this Act.
(e) Hours of work and proportionate additional payment;
(f) Rest days and allowable leaves; Any employer who has been sentenced by a court of law
(g) Board, lodging and medical attention; of any offense against a working child under this Act shall
(h) Agreements on deployment expenses, if any; be meted out with a penalty one degree higher and shall
(i) Loan agreement; be prohibited from hiring a working child.
(j) Termination of employment; and
(k) Any other lawful condition agreed upon by both parties. SEC. 17. Employers Reportorial Duties. The employers
shall register all domestic workers under their employment
The Department of Labor and Employment (DOLE) shall in the Registry of Domestic Workers in the barangay where
develop a model employment contract for domestic the employers residence is located. The Department of
workers which shall, at all times, be made available free of the Interior and Local Government (DILG) shall, in
charge to domestic workers, employers, representative coordination with the DOLE, formulate a registration
organizations and the general public. The DOLE shall system for this purpose.
widely disseminate information to domestic workers and
employers on the use of such model employment contract. SEC. 18. Skills Training, Assessment and Certification. To
ensure productivity and assure quality services, the DOLE,
In cases where the employment of the domestic worker is through the Technical Education and Skills Development
facilitated through a private employment agency, the PEA Authority (TESDA), shall facilitate access of domestic
shall keep a copy of all employment contracts of domestic workers to efficient training, assessment and certification
workers and shall be made available for verification and based on a duly promulgated training regulation.
inspection by the DOLE.
ARTICLE IV: EMPLOYMENT TERMS AND CONDITIONS
SEC. 12. Pre-Employment Requirement. Prior to the
execution of the employment contract, the employer may SEC. 19. Health and Safety. The employer shall safeguard
require the following from the domestic worker: the health and safety of the domestic worker in
accordance with laws, rules and regulations, with due
(a) Medical certificate or a health certificate issued by a consideration of the peculiar nature of domestic work.
local government health officer;
(b) Barangay and police clearance; SEC. 20. Daily Rest Period. The domestic worker shall be
(c) National Bureau of Investigation (NBI) clearance; and entitled to an aggregate daily rest period of eight (8) hours
(d) Duly authenticated birth certificate or if not available, per day.
any other document showing the age of the domestic
worker such as voters identification card, baptismal SEC. 21. Weekly Rest Period. The domestic worker shall
record or passport. be entitled to at least twenty-four (24) consecutive hours
of rest in a week. The employer and the domestic worker
However, Section 12(a), (b), (c) and (d) shall be standard shall agree in writing on the schedule of the weekly rest
requirements when the employment of the domestic day of the domestic worker: Provided, That the employer
worker is facilitated through the PEA. shall respect the preference of the domestic worker as to
the weekly rest day when such preference is based on
The cost of the foregoing shall be borne by the prospective religious grounds. Nothing in this provision shall deprive
employer or agency, as the case may be. the domestic worker and the employer from agreeing to
the following:
SEC. 13. Recruitment and Finders Fees. Regardless of
whether the domestic worker was hired through a private (a) Offsetting a day of absence with a particular rest day;
employment agency or a third party, no share in the (b) Waiving a particular rest day in return for an equivalent
recruitment or finders fees shall be charged against the daily rate of pay;
domestic worker by the said private employment agency (c) Accumulating rest days not exceeding five (5) days; or
or third party. (d) Other similar arrangements.

SEC. 14. Deposits for Loss or Damage. It shall be SEC. 22. Assignment to Nonhousehold Work. No
unlawful for the employer or any other person to require a domestic worker shall be assigned to work in a
domestic worker to make deposits from which deductions commercial, industrial or agricultural enterprise at a wage
shall be made for the reimbursement of loss or damage to rate lower than that provided for agricultural or
tools, materials, furniture and equipment in the household. nonagricultural workers. In such cases, the domestic
worker shall be paid the applicable minimum wage.
SEC. 23. Extent of Duty. The domestic worker and the pay: Provided, That any unused portion of said annual
employer may mutually agree for the former to leave shall not be cumulative or carried over to the
temporarily perform a task that is outside the latters succeeding years. Unused leaves shall not be convertible
household for the benefit of another household. However, to cash.
any liability that will be incurred by the domestic worker
on account of such arrangement shall be borne by the SEC. 30. Social and Other Benefits. A domestic worker
original employer. In addition, such work performed who has rendered at least one (1) month of service shall
outside the household shall entitle the domestic worker to be covered by the Social Security System (SSS), the
an additional payment of not less than the existing Philippine Health Insurance Corporation (PhilHealth), and
minimum wage rate of a domestic worker. It shall be the Home Development Mutual Fund or Pag-IBIG, and shall
unlawful for the original employer to charge any amount be entitled to all the benefits in accordance with the
from the said household where the service of the domestic pertinent provisions provided by law.
worker was temporarily performed.
Premium payments or contributions shall be shouldered by
SEC 24. Minimum Wage. The minimum wage of domestic the employer. However, if the domestic worker is receiving
workers shall not be less than the following: a wage of Five thousand pesos (P5,000.00) and above per
month, the domestic worker shall pay the proportionate
(a) Two thousand five hundred pesos (P2,500.00) a month share in the premium payments or contributions, as
for those employed in the National Capital Region (NCR); provided by law.
(b) Two thousand pesos (P2,000.00) a month for those The domestic worker shall be entitled to all other benefits
employed in chartered cities and first class municipalities; under existing laws.
and
(c) One thousand five hundred pesos (P1,500.00) a month SEC. 31. Rescue and Rehabilitation of Abused Domestic
for those employed in other municipalities. Workers. Any abused or exploited domestic worker shall
be immediately rescued by a municipal or city social
After one (1) year from the effectivity of this Act, and welfare officer or a social welfare officer from the
periodically thereafter, the Regional Tripartite and Department of Social Welfare and Development (DSWD) in
Productivity Wage Boards (RTPWBs) shall review, and if coordination with the concerned barangay officials. The
proper, determine and adjust the minimum wage rates of DSWD and the DILG shall develop a standard operating
domestic workers. procedure for the rescue and rehabilitation of abused
domestic workers, and in coordination with the DOLE, for
SEC 25. Payment of Wages. Payment of wages shall be possible subsequent job placement.
made on time directly to the domestic worker to whom
they are due in cash at least once a month. The employer, ARTICLE V: POST EMPLOYMENT
unless allowed by the domestic worker through a written SEC. 32. Termination of Service. Neither the domestic
consent, shall make no deductions from the wages other worker nor the employer may terminate the contract
than that which is mandated by law. No employer shall before the expiration of the term except for grounds
pay the wages of a domestic worker by means of provided for in Sections 33 and 34 of this Act. If the
promissory notes, vouchers, coupons, tokens, tickets, domestic worker is unjustly dismissed, the domestic
chits, or any object other than the cash wage as provided worker shall be paid the compensation already earned plus
for under this Act. the equivalent of fifteen (15) days work by way of
indemnity. If the domestic worker leaves without justifiable
The domestic worker is entitled to a thirteenth month pay reason, any unpaid salary due not exceeding the
as provided for by law. equivalent fifteen (15) days work shall be forfeited. In
addition, the employer may recover from the domestic
SEC. 26. Pay Slip. The employer shall at all times provide worker costs incurred related to the deployment expenses,
the domestic worker with a copy of the pay slip containing if any: Provided, That the service has been terminated
the amount paid in cash every pay day, and indicating all within six (6) months from the domestic workers
deductions made, if any. The copies of the pay slip shall be employment.
kept by the employer for a period of three (3) years.
If the duration of the domestic service is not determined
SEC. 27. Prohibition on Interference in the Disposal of either in stipulation or by the nature of the service, the
Wages. It shall be unlawful for the employer to interfere employer or the domestic worker may give notice to end
with the freedom of any domestic worker to dispose of the the working relationship five (5) days before the intended
latters wages. The employer shall not force, compel or termination of the service.
oblige the domestic worker to purchase merchandise,
commodities or other properties from the employer or The domestic worker and the employer may mutually
from any other person, or otherwise make use of any store agree upon written notice to pre-terminate the contract of
or services of such employer or any other person. employment to end the employment relationship.

SEC 28. Prohibition Against Withholding of Wages. It shall SEC. 33. Termination Initiated by the Domestic Worker.
be unlawful for an employer, directly or indirectly, to The domestic worker may terminate the employment
withhold the wages of the domestic worker. If the domestic relationship at any time before the expiration of the
worker leaves without any justifiable reason, any unpaid contract for any of the following causes:
salary for a period not exceeding fifteen (15) days shall be (a) Verbal or emotional abuse of the domestic worker by
forfeited. Likewise, the employer shall not induce the the employer or any member of the household;
domestic worker to give up any part of the wages by force, (b) Inhuman treatment including physical abuse of the
stealth, intimidation, threat or by any other means domestic worker by the employer or any member of the
whatsoever. household;
(c) Commission of a crime or offense against the domestic
SEC. 29. Leave Benefits. A domestic worker who has worker by the employer or any member of the household;
rendered at least one (1) year of service shall be entitled
to an annual service incentive leave of five (5) days with
(d) Violation by the employer of the terms and conditions (e) Assist domestic workers with respect to complaints or
of the employment contract and other standards set forth grievances against their employers; and
under this law;
(e) Any disease prejudicial to the health of the domestic (f) Cooperate with government agencies in rescue
worker, the employer, or member/s of the household; and operations involving abused or exploited domestic
(f) Other causes analogous to the foregoing. workers.

SEC. 34. Termination Initiated by the Employer. An ARTICLE VII


employer may terminate the services of the domestic
worker at any time before the expiration of the contract, SETTLEMENT OF DISPUTES
for any of the following causes:
(a) Misconduct or willful disobedience by the domestic SEC. 37. Mechanism for Settlement of Disputes. All labor-
worker of the lawful order of the employer in connection related disputes shall be elevated to the DOLE Regional
with the formers work; Office having jurisdiction over the workplace without
(b) Gross or habitual neglect or inefficiency by the prejudice to the filing of a civil or criminal action in
domestic worker in the performance of duties; appropriate cases. The DOLE Regional Office shall exhaust
(c) Fraud or willful breach of the trust reposed by the all conciliation and mediation efforts before a decision
employer on the domestic worker; shall be rendered.
(d) Commission of a crime or offense by the domestic
worker against the person of the employer or any Ordinary crimes or offenses committed under the Revised
immediate member of the employers family; Penal Code and other special penal laws by either party
(e) Violation by the domestic worker of the terms and shall be filed with the regular courts.
conditions of the employment contract and other
standards set forth under this law; ARTICLE VIII
(f) Any disease prejudicial to the health of the domestic
worker, the employer, or member/s of the household; and SPECIAL PROVISIONS
(g) Other causes analogous to the foregoing.
SEC. 38. Information Program. The DOLE shall, in
SEC. 35. Employment Certification. Upon the severance coordination with the DILG, the SSS, the PhilHealth and
of the employment relationship, the employer shall issue Pag-IBIG develop and implement a continuous information
the domestic worker within five (5) days from request a dissemination program on the provisions of this Act, both
certificate of employment indicating the nature, duration at the national and local level, immediately after the
of the service and work performance. enactment of this law.

ARTICLE VI: PRIVATE EMPLOYMENT AGENCIES SEC. 39. Araw Ng Mga Kasambahay. The date upon
SEC. 36. Regulation of Private Employment Agencies which the President shall approve this Domestic Workers
(PEAs). The DOLE shall, through a system of licensing Act shall be designated as the Araw ng mga
and regulation, ensure the protection of domestic workers Kasambahay.
hired through the PEAs.
ARTICLE IX: PENAL AND MISCELLANEOUS PROVISIONS
The PEA shall be jointly and severally liable with the
employer for all the wages, wage-related benefits, and SEC. 40. Penalty. Any violation of the provisions of this
other benefits due a domestic worker. Act declared unlawful shall be punishable with a fine of not
less than Ten thousand pesos (P10,000.00) but not more
The provision of Presidential Decree No. 442, as amended, than Forty thousand pesos (P40,000.00) without prejudice
otherwise known as the Labor Code of the Philippines, to the filing of appropriate civil or criminal action by the
on qualifications of the PEAs with regard to nationality, aggrieved party.
networth, owners and officers, office space and other
requirements, as well as nontransferability of license and SEC. 41. Transitory Provision; Non-Diminution of Benefits.
commission of prohibited practices, shall apply. All existing arrangements between a domestic worker and
the employer shall be adjusted to conform to the minimum
In addition, PEAs shall have the following responsibilities: standards set by this Act within a period of sixty (60) days
after the effectivity of this Act: Provided, That adjustments
(a) Ensure that domestic workers are not charged or levied pertaining to wages shall take effect immediately after the
any recruitment or placement fees; determination and issuance of the appropriate wage order
by the RTWPBs: Provided, further, That nothing in this Act
(b) Ensure that the employment agreement between the shall be construed to cause the diminution or substitution
domestic worker and the employer stipulates the terms of any benefits and privileges currently enjoyed by the
and conditions of employment and all the benefits domestic worker hired directly or through an agency.
prescribed by this Act;
SEC. 42. Implementing Rules and Regulations. Within
(c) Provide a pre-employment orientation briefing to the ninety (90) days from the effectivity of this Act, the
domestic worker and the employer about their rights and Secretary of Labor and Employment, the Secretary of
responsibilities in accordance with this Act; Social Welfare and Development, the Secretary of the
Interior and Local Government, and the Director General of
(d) Keep copies of employment contracts and agreements the Philippine National Police, in coordination with other
pertaining to recruited domestic workers which shall be concerned government agencies and accredited
made available during inspections or whenever required nongovernment organizations (NGOs) assisting domestic
by the DOLE or local government officials; workers, shall promulgate the necessary rules and
regulations for the effective implementation of this Act.