QuestionsQuestions (POEA MEMORANDUM CIRCULAR NO. 59)
It provides a model contract containing the minimum terms and conditions for the employment of Filipino household workers worldwide, meant to guide parties and ensure baseline worker protections. It should not prejudice other contracts that provide benefits and provisions more favorable to the worker.
It states the model contract is a minimum standard and shall not be prejudicial to other employment contracts that contain provisions and benefits over and above those in the model contract.
It refers to the employer’s residence address where the helper will work. It is important because it determines the actual work location and the scope of employment under the contract.
It states ______ years commencing from the helper’s departure from the point of origin to the site of employment. The start/end framework matters for determining when the contractual obligations apply and when repatriation and other end-of-contract benefits may be triggered.
At least one (1) rest day per week, preferably Sunday. It sets a minimum standard consistent with the policy of ensuring humane working time arrangements for domestic workers.
The employer must provide free transportation to the site and back to the point of origin upon expiration of contract, when the contract is terminated through no fault of the helper, and due to force majeure.
The employer must furnish the helper free of charge with suitable and sanitary living quarters and adequate food or food allowance.
The employer must provide free medical and dental services, including facilities and medicine.
Vacation leave with full pay of not less than 15 calendar days for every year of service, to be availed of upon completion of the contract. For contract renewal, the employer must provide free round-trip economy class air ticket.
Personal life and accident insurance provided by the employer, or workmen’s compensation benefits for work-connected illness or injuries or death in accordance with pertinent laws of the host country.
The employer must repatriate the remains and personal belongings to the Philippines. If repatriation is not possible, disposal may be done upon prior approval of the helper’s next of kin or by the Philippine Embassy.
It requires the employer to assist the helper in remitting a percentage of salary through proper banking channels.
The employer may terminate for serious misconduct or willful disobedience of lawful orders; gross habitual neglect; or violation of laws of the host country. The helper shall shoulder the repatriation expenses.
The helper may terminate without just cause by serving written notice at least one month in advance. Without such notice, the helper shall shoulder return transportation costs.
Just causes include maltreatment; employer’s violation of the contract; and acts such as deliberate non-payment of salary, physical molestation, and physical assault. The employer shall pay for repatriation expenses.
Either party may terminate when illness/disease/injury makes continued employment prohibited by law or prejudicial to the helper’s or employer’s/household’s health. Repatriation expenses are shouldered by the employer.
The dispute must be referred by either party to the Philippine Embassy, which attempts amicable settlement. If unresolved, the embassy official refers the matter to appropriate labor authorities in the host country for adjudication, without prejudice to legal actions the aggrieved party may take.
The employer must treat the helper justly and humanely and may not use physical violence. The helper must work solely for the employer and immediate household; the employer cannot require the helper to work in another residence or in commercial/industrial/agricultural enterprises.
It is unlawful to deduct any amount from the helper’s regular salary except compulsory contributions prescribed by law, and such deductions must be supported by a corresponding receipt.
No provisions may be altered, amended, or substituted without written approval of the Philippine Embassy of POEA. The employer must provide the helper a copy of the contract duly verified/processed by POEA.