Number 9.

(f) Trainee – any person who, after reaching twenty (20)

years of age, is conscripted into the Armed Forces for
Republic Act No. 6948             April 9, 1990
military training;
AN ACT STANDARDIZING AND UPGRADING THE
(g) Active Service – any active duty in the regular or
BENEFITS FOR MILITARY VETERANS AND THEIR
reserve components of the Armed Forces;
DEPENDENTS
(h) Overseas Service – includes any period of military
Be it enacted by the Senate and House of
service commencing from the date of departure from
Representatives of the Philippines in Congress
the Philippines for service in foreign territory and
assembled::
terminating upon the date of return to Philippine soil;
TITLE I
(i) Dependent – any spouse, child or parent who is
PRELIMINARY PROVISIONS
wholly under the care and support of the veteran;
Section 1. Declaration of Policy. – It is hereby declared
(j) Surviving Spouse – the lawful widow or widower of
to be the policy of the State to help foster the
the deceased veteran, or the innocent spouse if he or
socioeconomic security and general well-being of the
she was legally separated by final judicial decree from
country's veterans in recognition of their patriotic
the deceased;
services in times of war and peace for the cause of
(k) Children – includes any child entitled to support from
freedom and democracy; for the attainment of national
the veteran under existing laws;
unity, independence, and socioeconomic advancement;
(l) Minor Children – those who are below eighteen (18)
and for the maintenance of peace and order, in keeping
years of age;
with the goals of the Government and the aspirations of
(m) Incompetent – describes the state of legal, physical
the people.
or mental incapacity which makes one wholly
Section 2. Definitions. – For the purpose of and when
dependent upon another for care and support;
used in this Act, the following terms shall be construed
(n) Parents – includes, in the absence of parents by
in the sense indicated unless the context of a particular
nature, a father or mother by adoption and, in the
provision clearly indicates that a different sense is
absence of a legal parent, any person who stood in loco
intended:
parentis to the veteran at least one (1) year prior to his
(a) Veteran – any person who rendered military service
entry into the active service;
in the land, sea or air forces of the Philippines during
(o) Indigent Parents – those whose aggregate income
the revolution against Spain, the Philippine-American
from all sources is deemed inadequate for daily
War, World War II, including Filipino citizens who served
sustenance or places them in the class of those below
in Allied Forces in the Philippine territory and foreign
the poverty line, as determined by the Philippine
nationals who served in Philippine forces, the Korean
Veterans Affairs Office based on official figures released
Campaign, the Vietnam Campaign, the Anti-Dissidence
by the appropriate government agency;
Campaign, or other wars and military campaigns; or
(p) Political Prisoner – a person who, for acts punishable
who rendered military service in the Armed Forces of
for public rather than for private reasons which were
the Philippines and has been honorably discharged or
directed against the welfare, safety and security of the
separated after at least six (6) years total cumulative
enemy occupation forces during World War II in
active service, or sooner separated due to death or
connection with underground activities or the
disability arising from a wound or injury received or
resistance movement, was imprisoned, maltreated and
sickness or disease incurred in line of duty while in the
killed, or died in prison due to ailment or injury; and
active service;
(q) Administrator – the head of the Philippine Veterans
(b) Military Personnel – officers, enlisted personnel,
Affairs Office.
draftees and trainees in the active service of the Armed
TITLE II
Forces of the Philippines;
VETERAN'S BENEFITS
(c) Officer – any person holding a commission in the
PART A.
regular or reserve components of the Armed Forces, or
Educational Benefits
probationary officer, or cadet of the Philippine Military
Section 3. Eligibility. – A veteran of the Philippine Army
Academy or of the flying or naval schools of the Armed
or of any recognized or deserving guerrilla organization
Forces of the Philippines;
who took active participation in the resistance
(d) Enlisted Person – any person enlisted in the Armed
movement and/or in the liberation drive against the
Forces;
enemy during World War II, or of the Philippine
(e) Draftee – any person who, upon completion of
Expeditionary Forces to Korea, or of the Philippine Civic
trainee service, is drafted into selective emergency
Action Group or Philippine Contingent in Vietnam, who
military service for eighteen (18) months or more;
has never heretofore enjoyed educational benefit under
Philippine law nor under United States law, who desires
to study; or one (1) child of a veteran in whose favor he
renounces such right; or the surviving spouse or a child
of a deceased veteran in whose favor the same is
applied for by the surviving spouse, or legal guardian;
shall, upon certification of the Administrator, be
admitted to any school, college, university or institution
authorized by the Government, with all school fees,
including tuition, matriculation, athletic, library,
laboratory, medical, military training, diploma and
graduation fees, at the expense of the Government,
subject to the rules and conditions promulgated by the
Administrator.
PART B.
Disability Pension
Section 4. Eligibility. – The disability pension as provided
for in this Act shall apply to any veteran who was in the
service of the Philippine Army or guerrilla forces
between the eighth of December, Nineteen hundred
and forty-one and the third of July, Nineteen hundred
and forty-six; of the Armed Forces of the Philippines and
the Philippine Constabulary who was in the active
service on and after the fourth of July, Nineteen
hundred and forty-six; of the Philippine Expeditionary
Forces to Korea who was in the service overseas
between the fifteenth of September, Nineteen hundred
and fifty and the thirty-first of May, Nineteen hundred
and fifty-five; and of the Philippine Civil Action Group or
Philippine Contingent in Vietnam who was in the service
overseas between the thirty-first of August, Nineteen
hundred and sixty-four and the twentieth of December,
Nineteen hundred and sixty-nine.
Section 5. Pension Rates. – A veteran who is disabled
owing to sickness, disease, wounds, or injuries
sustained in line of duty shall be given monthly pension
in accordance with the rates prescribed hereunder,
unless he is actually receiving a similar pension for the
same disability from other government funds or from
the United States Government:
(a) If and while the disability is rated anywhere from ten
to thirty per centum (10%-30%), the monthly pension
shall be Six hundred pesos (P600.00);
(b) If and while the disability is rated forty per centum
(40%), the monthly pension shall be Six hundred
seventy-five pesos (P675.00);
(c) If and while the disability is rated fifty per centum
(50%), the monthly pension shall be Seven hundred fifty
pesos (P750.00);
(d) If and while the disability is rated sixty per centum
(60%), the monthly pension shall be Eight hundred
twenty-five pesos (P825.00);
(e) If and while the disability is rated seventy per
centum (70%), the monthly pension shall be Nine
hundred pesos (P900.00);
(f) If and while the disability is rated eighty per centum
(80%), the monthly pension shall be Nine hundred
seventy-five pesos (P975.00);
(g) If and while the disability is rated ninety per centum
(90%), the monthly pension shall be One thousand fifty
pesos (P1,050.00); and
(h) If and while the disability is total or rated one
hundred per centum (100%), the monthly pension shall
be One thousand one hundred twenty-five pesos
(P1,125.00) plus One hundred fifty pesos (P150.00) each
for the spouse and unmarried minor children.
Section 6. Effectivity of Pension. – The date of effectivity
of the pension that may be awarded to an applicant will
be based on the conditions specified hereunder:
(a) As regards officers and enlisted personnel of the
Philippine Army and guerrilla organizations of World
War II, on the day the application is received but in no
case earlier than the date of the approval of this Act;
and
(b) As regards all other veterans:
(1) On the date immediately following the date of
discharge if the application was filed within one (1) year
after the veteran's separation from the service; or
(2) On the day the application was received if the
application was filed beyond one (1) year after the
veteran's separation from the service.
Section 7. Re-evaluation. – Periodic re-evaluation or
redetermination of a veteran's disability, in appropriate
cases, shall be the responsibility of the Disability Rating
Board of the Philippine Veterans Affairs Office. The AFP
Medical Center and the Veterans Memorial Medical
Center, upon request by the Board, shall make available
the clinical records, disability work sheets and other
pertinent papers and documents and shall conduct x-
ray, laboratory test, and other examinations on the
veteran concerned. Such medical examinations and
tests may also be undertaken by any other government
hospital nearest the residence of the veteran
concerned, upon request by the Board. The Board shall
formulate the procedures necessary to carry out its re-
evaluation or redetermination activities.
Section 8. Exemption. – A disabled veteran shall be
exempted from periodic examination and re-rating in
the following cases:
(a) When the disability is considered as static;
(b) When the disability is permanent in nature or of
such character that there is no likelihood of
improvement; or
(c) When the veteran is already fifty-seven (57) years of
age or over.
PART C.
Pension for Veterans of the Revolution
Section 9. Eligibility. – Any veteran who served in the
Philippine Revolution and the Philippine-American War
any time during the period between the twenty-third of
August, Eighteen hundred and ninety-six, and the sixth
of May, Nineteen hundred and two, shall be entitled to
a monthly pension of Six hundred pesos (P600.00) plus
One hundred fifty pesos (P150.00) each for his spouse
and unmarried minor children.
PART D.
Old-Age Pension
Section 10. Eligibility. – A veteran who is at least sixty-
five (65) years old shall be paid an old-age pension of
Five hundred pesos (P500.00) monthly unless he is
actually receiving a similar pension for the same
consideration from other government funds or from the
United States Government.
Section 11. Entitlement of Surviving Spouse. – The
surviving spouse of a veteran who died after having
received old-age pension shall be paid a pension of Five
hundred pesos (P500.00) monthly until she remarries or
dies, and the surviving spouse of a veteran who died
without having received old-age pension shall, if she
does not remarry, be paid a pension of Five hundred
pesos (P500.00) monthly when she reaches the age of
sixty-five (65) and until she remarries or dies, unless she
is actually receiving a similar pension for the same
consideration from other government funds or from the
United States Government.
PART E.
Death Pension
Section 12. Eligibility. – For the death of a veteran in
line of duty or at any time after honorable discharge or
separation from the service as a result of wounds or
injury received or sickness or disease incurred in line of
duty or as a consequence of the performance of such
duty, and of a political prisoner who died in prison or
was killed by the enemy armed forces during World War
II, the surviving spouse and unmarried minor children
or, in default thereof, the indigent parents, except those
who for the same reason are actually receiving a similar
pension from other government funds or from the
United States Government, may be given a pension of
Five hundred pesos (P500.00) a month for the surviving
spouse and Two hundred fifty pesos (P250.00) a month
for each unmarried minor child until the surviving
spouse remarries or dies, and until the minor child dies,
marries, or reaches the age of eighteen (18), or Two
hundred fifty pesos (P250.00) for each indigent parent,
with the right of accretion, until they die: Provided,
however, That only fifty per centum (50%) of the rates
herein prescribed shall be awarded to the surviving
spouse and minor children, or indigent parents of a
veteran of the Armed Forces of the Philippines who, in
line of duty, died of injury or ailment which was not
incurred in war or in a military campaign against
aggression, dissidence, rebellion or sedition nor as a
direct result of such war or military campaign.
Section 13. Pension for the Surviving Spouse of a
Veteran of the Revolution. – The surviving spouse of a
veteran of the revolution against Spain or the
Philippine-American War shall be entitled to a monthly
pension of Six hundred pesos (P600.00) until she
remarries or dies, the provisions of the next preceding
section notwithstanding, unless she is actually receiving
a similar pension from other government funds.
Section 14. Termination of Right of Death Gratuity and
Entitlement to Death Pension in Lieu Thereof  . –
Without prejudice to the receipt of death gratuity
benefits provided for under the Employees'
Compensation Law, the right to death gratuity granted
to the next of kin of military personnel of the Armed
Forces of the Philippines who died in line of duty,
pursuant to the provisions of Section Six of Republic Act
Numbered Five hundred seventy-three and Sections
Three and Four of Republic Act Numbered Six hundred
ten, as amended, shall cease upon the approval of this
Act and, in lieu thereof, they shall be eligible to death
pension as provided in this Act: Provided, however, That
where the right to the said gratuity has already accrued
prior to the approval of this Act, the next of kin
concerned shall have the option to either waive the
entitlement thereto or to receive the death pension:
Provided, finally, That in the case of a next of kin who
has already been paid the aforesaid gratuity, he may
apply for death pension herein granted on condition
that the death gratuity received shall be refunded from
such future payments of death pension in a reasonable
monthly amount as may be determined by the
Philippine Veterans Affairs Office until the death
gratuity is fully refunded.
PART F.
Hospitalization, Medical Care and Treatment
Section 15. Eligibility. – The Philippine Veterans Affairs
Office shall provide hospitalization, medical care and
treatment in the Veterans Memorial Medical Center, in
the veterans wards of selected government hospitals or
in such other medical facility that it may designate to
veterans of the Philippine Revolution and the
Philippine-American War, World War II, Korean
Campaign and Vietnam Campaign; military retirees,
disabled veterans receiving disability pensions under
this Act; their eligible dependents and such other
persons as may be authorized pursuant to the rules and
regulations promulgated by the Philippine Veterans
Affairs Office as approved by the Secretary of National
Defense: Provided, That eligible dependents shall be
limited to the spouse, unmarried minor children or
children who are mentally or physically incompetent
regardless of age, and dependent parents or foster
parents regardless of the veteran's civil status.
Section 16. Veterans Memorial Medical Center. – The
Veterans Memorial Medical Center shall be the primary
medical facility for the hospitalization and medical care
of eligible veterans and dependents and, for this
purpose, shall be upgraded and expanded to provide
two hundred (200) additional beds for a total capacity
of seven hundred (700) beds to accommodate all
eligible beneficiaries as defined in the preceding
section.
Section 17. Veterans Wards. – The Philippine Veterans
Affairs Office shall enter into agreement with selected
government hospitals including regional, provincial,
district and municipal hospitals for the establishment of
veterans wards, with an initial aggregate capacity of at
least one thousand (1,000) beds, to provide
hospitalization and medical care to eligible veterans and
dependents: Provided, That there will be at least one (1)
government hospital with a veterans ward in each
province and in each city which is not a provincial
capital.
Section 18. Hospitalization in Other Government
Hospitals. – In cases where it is more convenient and
expedient for the veterans and their dependents, they
may be admitted free of charge into any hospital or
health institution of the national, provincial or city
government, other than those specifically designated
for veterans medical service, pursuant to arrangements
between the Philippine Veterans Affairs Office and the
Secretary of Health.
PART G.
Burial Benefits
Section 19. Burial Flag. – The Philippine Veterans Affairs
Office shall furnish a flag to drape the casket of each
deceased veteran. After the interment of the veteran,
the flag so furnished shall be presented to his next of
kin in an appropriate manner.
Section 20. Burial Assistance. – Unless the next of kin of
a deceased veteran is entitled to a similar benefit from
the United States Government, he shall be given Four
thousand pesos (P4,000.00) as burial assistance upon
application therefor in due form which shall be filed
within two (2) years from the death of the veteran
concerned.
TITLE III
GENERAL PROVISIONS
Section 21. Non-Prescription of Claims. – Except as
herein otherwise provided, the application for the
benefits and compensation granted under this Act shall
not prescribe.
Section 22. Application. – All applications for benefits
granted under this Act shall be filed with the Philippine
Veterans Affairs Office except those for disability
pensions of officers and enlisted personnel of the
Armed Forces of the Philippines which shall be filed
with the General Headquarters, Armed Forces of the
Philippines which shall receive, docket and process such
claims prior to transmittal to the Philippine Veterans
Affairs Office. Payment of claims, as finally adjudicated
by the Administrator, shall be made by the Philippine
Veterans Affairs Office.
Section 23. Exemption of Pension from Income Tax,
Attachment, Levy, Garnishment. – Any pension granted
a beneficiary under this Act shall not, wholly or partly,
to subject to income tax, attachment, execution,
forfeiture, or retention under any legal or equitable
proceedings, either while in the possession of the
Philippine Veterans Affairs Office or any of its officers,
while in transit, or already in the hands of the
beneficiary, nor shall any lien of any kind or under any
consideration be imposed thereon.
Section 24. Fraudulent Claims. – When fraud is shown
to have been committed by or with the knowledge of an
applicant for any of the benefits granted under this Act,
the application shall be disapproved or, if the
application is already approved, such approval and the
award of the benefit shall be voided as of the date of its
effectivity and all other benefits under this Act which
are due or to become due to the applicant shall be
forfeited without prejudice to the filing of the necessary
court action for the fraud committed: Provided,
however, That the party or parties to the fraud, upon
conviction, shall be punished by a fine of not more than
Two thousand pesos (P2,000.00), or by imprisonment
for not more than six (6) months, or by both such fine
and imprisonment, at the discretion of the court, in
addition to the refund of such amount the Philippine
Veterans Affairs Office has paid in monthly pension or
otherwise disbursed in connection with the fraudulent
claim.
Section 25. Human Rights Violation. – Benefits under
this Act may be withheld if the Commission on Human
Rights shall certify to the General Headquarters of the
Armed Forces of the Philippines that the veteran
concerned has been found guilty by final judgment of a
gross human rights violation while in the service. This
factor shall not be considered taken against his next of
kin.
Section 26. Service Fee or Compensation. – Unless
otherwise expressly authorized by the Philippine
Veterans Affairs Office, no fee or compensation shall be
charged any veteran or beneficiary for any service REPUBLIC ACT NO. 10361]
rendered in the course of official business or transaction
relating to any claim, nor shall any retention or AN ACT INSTITUTING POLICIES FOR THE
deduction of any amount from any pension be allowed. PROTECTION
Section 27. Authority of Officers to Administer Oath, AND WELFARE OF DOMESTIC WORKERS
Take Testimony. – The legal officers, investigators,
regional veterans assistance representatives, and
The Domestic Workers Act is an act that
organic contact officers of the Philippine Veterans
Affairs Office may administer such oaths as may be covers the protection and welfare of domestic
necessary in the conduct of investigations or in the workers, who have long been a part of Filipino
performance of such other duties as the Administrator culture. It’s been in Congress for 16 years, and
may expressly authorize pertaining to claims for the is seen as a landmark law that strengthens
benefits granted under this Act: Provided, however,
That other officials not mentioned herein may
respect, protection, and promotion of the rights
administer oath only when properly authorized by the and welfare of domestic workers
Administrator and only for documents in support of or kasambahay in Filipino.
claims for benefits granted under this Act.
Section 28. Adjustment of Pensions. – All pensions What is a “Kasambahay”
authorized under this Act shall accordingly be adjusted
to the same extent and with the same date of effectivity
A TYPICAL KASAMBAHAY. They should
of any general adjustment of the salaries and wages of
the personnel of the National Government and/or the always be treated with respect since they
Armed Forces of the Philippines as may be authorized in practically keep you and your house going
the ensuing fiscal years after the approval of this Act while you’re at school or work, but they should
and funds for this purpose shall be provided by the
also respect you. The Kasambahay Law is
Department of Budget and Management.
Section 29. Implementing Rules and Regulations. – The here to make sure that happens. (Image
Department of National Defense shall formulate the grabbed from Official Gazette)
necessary rules and regulations to implement the
provisions of this Act. The rules and regulations issued  
pursuant to this section shall take effect fifteen (15)
days after publication in a newspaper of general
The law defines a kasambahay as one of the
circulation.
Section 30. Appropriations. – The amount of One billion following:
two hundred ninety-eight million pesos
(P1,298,000,000.00) is hereby appropriated to carry out • General househelp, otherwise known
the initial implementation of this Act. Thereafter, such as katulong
sums as may be necessary for its continued
implementation shall be included in the annual General
• Nursemaid or yaya
Appropriations Act.
Section 31. Separability Clause. – If any provision of this
Act shall be held invalid, the remaining provisions shall • Cook
be given full force and effect as completely as if the
provision held invalid had not been included herein. • Gardener
Section 32. Repealing Clause. – All laws, rules,
regulations, orders, circulars and memoranda • Laundry person
inconsistent with any provision of this Act are hereby
repealed or modified accordingly.
• Any working children or domestic workers 15
Section 33. Effectivity. – This Act shall take effect upon
its approval. years or older but not over the age of 18
Approved: April 9, 1990
• Anyone who regularly performs domestic
work in one household on an occupational
basis, also known as a live-out arrangement
The following, however, are not considered
as kasambahay:
• Service providers
• Family drivers
• Children under foster family management
• Anyone who performs work occasionally or
sporadically and not on an occupational or
regular basis (i.e. sideline)
How to hire a kasambahay
With the passage of the law, kasambahays are
now treated as regular employees. This means
you’ll need an employment contract between
you and the kasambahay. The norm in the
country is to ask if any of your friends know of
someone who’s looking for a job, but
nowadays it’s better to go through a private
employment agency (i.e. a maid provider) to
get rid of all the hassle.
The employment contract should be written in
a language or dialect understood by you and
the kasambahay, and should contain the
following:
• The kasambahay’s duties and responsibilities
• Period of employment
• Compensation and authorized deductions
ARTICLE
GENERAL PROVISIONS
Section 1. Short Title. – This Act shall be known as
the "Domestic Workers Act" or "Batas Kasambahay".
Section 2. Declaration of Policies. – It is hereby
declared that:
(a) The State strongly affirms labor as a
primary social force and is committed to
respect, promote, protect and realize the
fundamental principles and rights at work
including, but not limited to, abolition of child
labor, elimination of all forms of forced labor,
discrimination in employment and occupation,
and trafficking in persons, especially women
and children;
(b) The State adheres to internationally
accepted working conditions for workers in
general, and establishes labor standards for
domestic workers in particular, towards decent
employment and income, enhanced coverage
of social protection, respect for human rights
and strengthened social dialogue;
(c) The State recognizes the need to protect
the rights of domestic workers against abuse,
harassment, violence, economic exploitation
and performance of work that is hazardous to
their physical and mental health; and
(d) The State, in protecting domestic workers
and recognizing their special needs to ensure
safe and healthful working conditions,
promotes gender-sensitive measures in the
formulation and implementation of policies
and programs affecting the local domestic
work.
ARTICLE IV
EMPLOYMENT – TERMS AND CONDITIONS
SEC. 19. Health and Safety. – The employer
shall safeguard the health and safety of the
domestic worker in accordance with laws, rules
and regulations, with due consideration of the
peculiar nature of domestic work.
SEC. 20. Daily Rest Period. – The domestic
worker shall be entitled to an aggregate daily
I rest period of eight (8) hours per day.
SEC. 21. Weekly Rest Period. – The domestic
worker shall be entitled to at least twenty-four
(24) consecutive hours of rest in a week. The
employer and the domestic worker shall agree
in writing on the schedule of the weekly rest
day of the domestic worker: Provided, That the
employer shall respect the preference of the
domestic worker as to the weekly rest day
when such preference is based on religious
grounds. Nothing in this provision shall deprive
the domestic worker and the employer from
agreeing to the following:
(a) Offsetting a day of absence with a particular
rest day;
(b) Waiving a particular rest day in return for an
equivalent daily rate of pay;
(c) Accumulating rest days not exceeding five
(5) days; or
(d) Other similar arrangements.
SEC. 22. Assignment to Nonhousehold
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.
SEC. 23. Extent of Duty. – The domestic
worker and the employer may mutually agree
for the 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.
SEC 24. Minimum Wage. – The minimum
wage of domestic workers shall not be less
than the following:
(a) Two thousand five hundred pesos
(P2,500.00) a month for those employed in the
National Capital Region (NCR);
(b) Two thousand pesos (P2,000.00) a month
for those employed in chartered cities and first
class municipalities; and
(c) One thousand five hundred pesos
(P1,500.00) a month for those employed in
other municipalities.
After one (1) year from the effectivity of this
Act, and periodically thereafter, the Regional
Tripartite and Productivity Wage Boards
(RTPWBs) shall review, and if proper,
determine and adjust the minimum wage rates
of domestic workers.
SEC 25. Payment of Wages. – Payment of
wages shall be made on time directly to the
domestic worker to whom they are due in cash
at least once a month. The employer, unless
allowed by the domestic worker through a
written consent, shall make no deductions from
the wages other than that which is mandated
by law. No employer shall pay the wages of a
domestic worker by means of promissory
notes, vouchers, coupons, tokens, tickets,
chits, or any object other than the cash wage
as provided for under this Act.
The domestic worker is entitled to a thirteenth
month pay as provided for by law.
SEC. 26. Pay Slip. – The employer shall at all
times provide the domestic worker with a copy
of the pay slip containing the amount paid in
cash every pay day, and indicating all
deductions made, if any. The copies of the pay
slip shall be kept by the employer for a period
of three (3) years.
SEC. 27. Prohibition on Interference in the
Disposal of Wages. – It shall be unlawful for
the employer to interfere with the freedom of
any domestic worker to dispose of the latter’s
wages. The employer shall not force, compel
or oblige the domestic worker to purchase
merchandise, commodities or other properties
from the employer or from any other person, or
otherwise make use of any store or services of
such employer or any other person.
SEC 28. Prohibition Against Withholding of
Wages. – It shall be unlawful for an employer,
directly or indirectly, to withhold the wages of
the domestic worker. If the domestic worker
leaves without any justifiable reason, any
unpaid salary for a period not exceeding fifteen
(15) days shall be forfeited. Likewise, the
employer shall not induce the domestic worker
to give up any part of the wages by force,
stealth, intimidation, threat or by any other
means whatsoever.
SEC. 29. Leave Benefits. – A domestic worker
who has rendered at least one (1) year of
service shall be entitled to an annual service
incentive leave of five (5) days with
pay: Provided, That any unused portion of said
annual leave shall not be cumulative or carried
over to the succeeding years. Unused leaves
shall not be convertible to cash.
SEC. 30. Social and Other Benefits. – A
domestic worker who has rendered at least
one (1) month of service shall be covered by
the Social Security System (SSS), the
Philippine Health Insurance Corporation
(PhilHealth), and the Home Development
Mutual Fund or Pag-IBIG, and shall be entitled
to all the benefits in accordance with the
pertinent provisions provided by law.
Premium payments or contributions shall be
shouldered by the employer. However, if the
domestic worker is receiving a wage of Five
thousand pesos (P5,000.00) and above per
month, the domestic worker shall pay the
proportionate share in the premium payments
or contributions, as provided by law.
The domestic worker shall be entitled to all
other benefits under existing laws.
SEC. 31. Rescue and Rehabilitation of Abused
Domestic Workers. – Any abused or exploited
domestic worker shall be immediately rescued
by a municipal or city social welfare officer or a
social welfare officer from the Department of
Social Welfare and Development (DSWD) in
coordination with the concerned barangay
officials. The DSWD and the DILG shall
develop a standard operating procedure for the
rescue and rehabilitation of abused domestic
workers, and in coordination with the DOLE, for
possible subsequent job placement.
 What is the purpose of mandatory conciliation
and mediation conference?
 
The mandatory conciliation and mediation conference shall be
called for the purpose of (1) amicably settling the case upon a
fair compromise; (2) determining the real parties in interest;
(3) determining the necessity of amending the complaint and
including all causes of action; (4) defining and simplifying the
issues in the case; (5) entering into admissions or stipulations
of facts; and (6) threshing out all other preliminary matters.
 
 What is the effect of non-appearance of the
parties in the mandatory conciliation and mediation
conference?
The non-appearance of the complainant or petitioner during
the two (2) settings for mandatory conciliation and mediation
conference scheduled in the summons, despite due notice
thereof, shall be a ground for the dismissal of the case without
prejudice.
In case of non-appearance by the respondent during the first
scheduled conference, the second conference as scheduled in
the summons shall proceed. If the respondent still fails to
appear at the second conference despite being duly served
with summons, he/she shall be considered to have waived
his/her right to file position paper. The Labor Arbiter shall
immediately terminate the mandatory conciliation and
mediation conference and direct the complainant or petitioner
to file a  verified position paper and submit evidence in support
of his/her causes of action and thereupon render his/her
decision on the basis of the evidence on record.