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DOMESTIC WORKERS ACT

Who is a kasambahay?

 A kasambahay is a person employed by a family to perform household work. Persons who

perform household work but occasionally are not kasambahays. Children under foster family and
are given access to education and other benefits are not kasambahay. Children and other relatives
who live with the kasambahay are not kasambahays if they are not employed as such. A person
employed by a corporation is an employee of that corporation and not a kasambahay. A person
performing specialized task necessary for the operations of a company or an institution is an
employee and not a kasambahay.

What is the minimum age of hiring a kasambahay?

 The legal age of a person to be hired as a kasambahay must not be below 15 years old.l

How are kasambahays hired?

 Kasambahays are hired through direct employment or a private employment agency.

What are the responsibilities of a private employment agency?

 The following are the responsibilities of a private employment agency towards the kasambahay:
1. Ensure that there is no placement fee charged against the kasambahay
2. Ensure that all of the benefits appropriated to a kasambahay is included in the employment
contract
3. Keep records of employment contracts and make them available upon request by an
authorized person
4. Assist in rescue operations
5. Assist the kasambahay in her grievances with her employer
6. Conduct pre-employment orientation discussing the rights of the kasambahay and the
employer

What are the rights of a kasambahay? POE2M2HRCB

 The following are the rights of a kasambahay:

1. Right to privacy
2. Right to access to outside communication
3. Right to education and training
4. Right to receive a copy of the employment contract and employment certificate
5. Right to mandatory benefits such as rest, leave and 13th month pay
6. Right to minimum wage
7. Right to humane treatment
8. Right to exercise religious traditions and beliefs
9. Coverage to Philhealth, SSS and Pag-ibig
10. Boarding, lodging and medical attendance
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What are the rights of the employer? PRET

 The following are the rights of the employer under the Domestic Workers Act:
1. Right to require pre-employment documents such as NBI, barangay clearance, etc.
2. Right to demand replacement when the kasambahay, within 1 month, was found to be
suffering from an incurable illness, unable to physically or mentally provide the minimum
requirements of the job or when the kasambahay is guilty of theft.
3. Right to recover deployment expense when the kasambahay leaves without justifiable cause
within 6 months.
4. Right to terminate the contract when the kasambahay commits willfull disobedience, breach
of trust, habitual neglect, commission of a crime or violation of the terms and conditions of
the contract.

What are the obligations of the employer to the kasambahay?

 The following are the obligations of the employer to the kasambahay:

1. Provide payslip
2. Register the kasambahay to SSS, Philhealth and Pagibig
3. Secure the health and safety of the kasambahay`

What are the prohibited acts not to be committed by the employer?

 The following are the prohibited acts not to be committed by the employer:
1. Debt bondage or requiring the kasambahay to render service in satisfaction of a debt where
the length and nature of service is not clear
2. Withholding of wages
3. Interference to wage disposal
4. Without the consent, deduct from the wages to compensate a lost or damaged property owned
by the employer

How much is the minimum wage of kasambahays?

 The domestic workers act provides that domestic workers have the right to receive minimum
wage. The minimum wage is:
1. Php 2500 in NCR
2. Php 2000 in 1st class municipalities and cities
3. Php 1500 in others

How should domestic workers be paid?

 Domestic workers are paid through cash, directly or indirectly and at least once a month.

How long is the rest period of kasambahays?

 Kasambahays are entitled for 8 hours of rest per day and an uninterrupted rest of 24 hours per
week.

Are kasambahays entitled for leaves?

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 Yes, kasambahays are entitled for 5 days paid leave after they have rendered at least 1 year of
service. This leave however is non cumulative and cannot be carried over the next year.

MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT

Who is a migrant worker?

 A migrant worker is an overseas filipino worker who has been engaged or is to be engaged in a
remunerated activity in:
1. A country where he is not a citizen of
2. A ship, not a government ship, sailing over foreign seas
3. An installation located offshore or on high seas

Note: Number 2 and 3 should be compliant with existing international laws and standards that protect the
right of migrant workers.

Where can migrant workers be deployed?

 Migrant workers can be deployed in:

1. Countries with an established labor and social laws protecting migrant workers
2. Countries that are signatories or has ratified multilateral conventions to protect migrant
workers
3. Countries where the Philippines has a bilateral agreement to mutually protect migrant
workers

May all filipino workers who want to be migrant workers be allowed to be deployed?

 No, not all filipinos who want to be migrant workers will be deployed. The Migrant Workers and
Overseas Filipinos Act only allows skilled workers for deployment when there is already a
mechanism to determine such.

What constitutes illegal recruitment? C2HEPUT

 Illegal recruitment constitutes canvassing, contracting, hiring, enlisting, procuring, utilizing or

transporting workers, undertaken by a non-licensed person engaged in recruitment as provided
under the Labor Code.

Can a licensed person be charged with illegal recruitment? CHIF2PN

 Yes, a licensed person may be charged with illegal recruitment when he commits any of the
following acts:
1. Change any amount in the schedule of allowable fees prescribed by DOLE
2. Recruits workers in jobs harmful to public health or morality
3. Induce or attempt to induce a worker to leave his current employment, unless such
inducement is to relieve the worker from oppressive working conditions.
4. Failure to deploy a contracted worker without valid reason
5. Giving false information for securing a license or authority to recruit
6. Publish false advertisement relating to recruitment
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7. Allowing a non-filipino citizen to own or manage a recruitment agency

What are the types of illegal recruitment?

 The following are the types of illegal recruitment:

1. Simple illegal recruitment
2. Illegal recruitment constituting economic sabotage

The second type of illegal recruitment can be further broken down into two: syndicated and large scale
illegal recruitment. For syndicated, it must be committed by at least three persons, conspiring with each
other to perform the illegal recruitment. For large scale, it must be committed against three or more
persons.

What are the penalties?

 The penalties for illegal recruitment are as follows:

1. For simple illegal recruitment, the penalty shall be reclusion temporal and a fine of 1M to
2M.
2. For illegal recruitment constituting economic sabotage, the penalty shall be life time
imprisonment and a fine of 2M to 5M.

Note: Maximum penalty if committed against a minor or committed by an agency with no license.

Further, if the illegal recruitment was committed by an alien, an additional penalty of deportation will be
instituted.

These penalties are also coupled with revocation of license.

Who has jurisdiction?

 The RTC has jurisdiction.

What is the prescription?

 The prescription is 5 years for simple illegal recruitment.

 The prescription is 20 years for illegal recruitment with economic sabotage.

PATERNITY LEAVE ACT

What is paternity leave?

 Paternity leave is a benefit granted to married male employees who are cohabiting with their wife
who is about to give birth or had a miscarriage, allowing said male employees to avail 7 day paid
leaves.

What are the requisites to be eligible for paternity leave?

 The following are the requisites to avail paternity leave:

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1. Beneficiary must be married and is cohabiting with his spouse who is about to give birth or
had a miscarriage
2. Is a public or private employee
3. Paternity leave is only available up to the first four deliveries
4. He must have communicated the pregnancy to his employer

When can paternity leave be availed of?

 Paternity leave can be availed of before, during or after the birth of his wife.
 If after, it must not be later than 60 days from said delivery.

What are the penalties of violating this act?

 The penalties are the following:

1. A fine not exceeding 25k
2. Imprisonment from 30 days to 6 months