Professional Documents
Culture Documents
Domestic Workers Act
Domestic Workers Act
10361]
PROVISIONS NOTES
ARTICLE I
GENERAL PROVISIONS
SEC. 4. Definition of Terms. – As used in this Meaning of the Phrase “Within an Employment
Act, the term: Relationship”
(a) Debt bondage refers to the That the domestic worker should be hired
rendering of service by the domestic worker as specifically to perform household work.
security or payment for a debt where the
length and nature of service is not clearly
defined or when the value of the service is not Persons Not Contemplated Within the Concept
reasonably applied in the payment of the debt. of a “Domestic Worker”1
1
IRR, Rule I, Section 3(1) and 3(a)
domestic worker are not included in the 4. Any other workers who performs work
definition of deployment expenses. occasionally or sporadically and not on an
occupational basis.
(c) Domestic work refers to work
performed in or for a household or households.
Hiring of a Domestic Workers
(d) Domestic worker or “Kasambahay” Can be hired directly or through a licensed
refers to any person engaged in domestic work private employment agency.2
within an employment relationship such as, but
not limited to, the following: general
househelp, nursemaid or “yaya”, cook, PEA
gardener, or laundry person, but shall exclude Must obtain a license to operate and
any person who performs domestic work only authority to recruit from the Regional Office of
occasionally or sporadically and not on an the DOLE.
occupational basis.
PEA should ascertain the age, physical
The term shall not include children who fitness, and character of the domestic worker by
are under foster family arrangement, and are requiring the latter to submit the ff.:
provided access to education and given an a. Medical / health certificate;
allowance incidental to education, i.e. “baon”, b. Brgy. and police clearance;
transportation, school projects and school c. NBI clearance;
activities. d. Duly authenticated birth certificate or if
not available, any document showing the
(e) Employer refers to any person who age.
engages and controls the services of a domestic
worker and is party to the employment
contract. ✓ PEA shall bear the cost of the foregoing
documents. Likewise, the cost of hiring as
(f) Household refers to the immediate well as the expenses used for the domestic
members of the family or the occupants of the worker’s transfer from place of origin to
house that are directly provided services by the place of work.
domestic worker.
(g) Private Employment Agency (PEA) (PEA’s liability is on Section 36 of this Act)
refers to any individual, legitimate partnership,
corporation or entity licensed to engage in the
2
IRR, Rule II, Section I
recruitment and placement of domestic “License to Operate”
workers for local employment. This contemplates a document issued by
the Secretary of DOLE authorizing a person,
(h) Working children, as used under this partnership or corporation to operate a private
Act, refers to domestic workers who are fifteen employment agency.
(15) years old and above but below eighteen
(18) years old. “Authority to Recruit”
This refers to the document issued by the
Secretary of the DOLE authorizing a person to
conduct recruitment activities for local
employment on behalf of a private employment
agency.
ARTICLE II
RIGHTS AND PRIVILEGES
SEC. 6. Board, Lodging and Medical *Free Board and Lodging (para. 1 and 3)
Attendance. – The employer shall provide for
the basic necessities of the domestic worker to
include at least three (3) adequate meals a day *Medical Attendance (para. 2 and 3)
and humane sleeping arrangements that - But this does not include hospitalization.
ensure safety.
ARTICLE III
PRE-EMPLOYMENT
(c) Compensation;
SEC. 13. Recruitment and Finder’s Fees. – *Recruitment and Finder’s Fees
Regardless of whether the domestic worker
was hired through a private employment
agency or a third party, no share in the
recruitment or finder’s fees shall be charged
against the domestic worker by the said private
employment agency or third party.
SEC. 14. Deposits for Loss or Damage. – It shall *Prohibited Activities of Employers
be unlawful for the employer or any other
person to require a domestic worker to make - Additional Prohibition Regarding Deposits for
deposits from which deductions shall be made Loss or Damages
for the reimbursement of loss or damage to
tools, materials, furniture and equipment in the
household. *Criminal Offenses Under the Domestic Workers
Act
SEC. 16. Employment Age of Domestic *Minimum Age for Employment of Domestic
Workers. – It shall be unlawful to employ any Workers
person below fifteen (15) years of age as a
domestic worker. Employment of working
children, as defined under this Act, shall be *Criminal Offenses Under the Domestic Workers
subject to the provisions of Section 10(A), Act
paragraph 2 of Section 12-A, paragraph 4 of - Employment of a domestic worker who is below
Section 12-D, and Section 13 of Republic Act 15 years old.
No. 7610, as amended, otherwise known as the
“Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act”.
ARTICLE IV
EMPLOYMENT – TERMS AND CONDITIONS
SEC. 22. Assignment to Nonhousehold Work. – *Applicable Wage for Non-Household Work
No domestic worker shall be assigned to work
in a commercial, industrial or agricultural
enterprise at a wage rate lower than that
provided for agricultural or nonagricultural
workers. In such cases, the domestic worker
shall be paid the applicable minimum wage
(thereof).
SEC. 23. Extent of Duty. – The domestic worker *Criminal Offenses Under the Domestic Workers
and the employer may mutually agree for the Act
former to temporarily perform a task that is
outside the latter’s household for the benefit of
another household. However, any liability that
will be incurred by the domestic worker on
account of such arrangement shall be borne by
the original employer. In addition, such work
performed outside the household shall entitle
the domestic worker to an additional payment
of not less than the existing minimum wage
rate of a domestic worker. It shall be unlawful
for the original employer to charge any amount
from the said household where the service of
the domestic worker was temporarily
performed.
ARTICLE V
POST EMPLOYMENT
SEC. 32. Termination of Service. – Neither the Note: If there is no just cause, they may
domestic worker nor the employer may terminate employment relations;
terminate the contract before the expiration of a. At the end of the stipulated period; OR
the term except for grounds provided for in b. If there is no stipulated period, by giving
Sections 33 and 34 of this Act. If the domestic five days advance notice.
worker is unjustly dismissed, the domestic
worker shall be paid the compensation already
earned plus the equivalent of fifteen (15) days Effects of Failure to Observe the Five-Day
work by way of indemnity. If the domestic Advance Notice
worker leaves without justifiable reason, any
unpaid salary due not exceeding the equivalent On the Part of the Domestic Worker
fifteen (15) days work shall be forfeited. In a. He forfeits any unpaid salary equivalent to
addition, the employer may recover from the 15 days; and
domestic worker costs incurred related to the
deployment expenses, if any: Provided, That
the service has been terminated within six (6) b. He is liable for deployment expenses, if
months from the domestic worker’s the termination is done within 6 months
employment. from hiring.
If the duration of the domestic service is not On the Part of the Employer
determined either in stipulation or by the He is liable for indemnity to the domestic
nature of the service, the employer or the worker in an amount equivalent to 15 days pay.
domestic worker may give notice to end the
working relationship five (5) days before the
intended termination of the service.
SEC. 33. Termination Initiated by the Domestic Note: If there is just cause.
Worker. – The domestic worker may terminate
the employment relationship at any time
before the expiration of the contract for any of *Grounds for Domestic Workers in Terminating
the following causes: Employment Relation
ARTICLE VI
PRIVATE EMPLOYMENT AGENCIES
3
IRR, Rule III, Section 3
In addition, PEAs shall have the following
responsibilities:
ARTICLE VII
SETTLEMENT OF DISPUTES
ARTICLE VIII
SPECIAL PROVISIONS
SEC. 39. “Araw Ng Mga Kasambahay”. – The This is celebrated on the 18th day of
date upon which the President shall approve January every year.
this “Domestic Workers Act” shall be
designated as the “Araw ng mga Kasambahay”.
ARTICLE IX
PENAL AND MISCELLANEOUS PROVISIONS