QuestionsQuestions (Republic Act No. 10361)
RA 10361 is the “Domestic Workers Act,” also known as the “Batas Kasambahaya.”
The State commits to respect, promote, protect, and realize fundamental principles and rights at work (e.g., abolition of child labor, elimination of forced labor, non-discrimination, and prevention of trafficking), adhere to internationally accepted working conditions, protect domestic workers from abuse/harassment/violence/economic exploitation and hazardous work, and promote gender-sensitive measures for safe and healthful working conditions.
It applies to all domestic workers employed and working within the Philippines.
A domestic worker is any person engaged in domestic work within an employment relationship (e.g., househelp, ayaya, cook, gardener, laundry person) excluding those who perform domestic work only occasionally or sporadically and not on an occupational basis. It also excludes children under a foster family arrangement provided with access to education and incidental educational allowance.
Debt bondage is rendering of service by the domestic worker as security/payment for a debt where the length and nature of service is not clearly defined or when the value of the service is not reasonably applied to payment of the debt.
The contract must be executed by and between the domestic worker and employer before commencement of service, in a language/dialect both understand. It must include: duties/responsibilities, period of employment, compensation, authorized deductions, hours of work and additional pay, rest days and leaves, board/lodging/medical attention, agreements on deployment expenses (if any), loan agreement (if any), termination of employment, and any other lawful condition agreed upon.
No share in recruitment or finder’s fees shall be charged against the domestic worker, whether hired through a private employment agency or a third party.
The employer may require a medical/health certificate, barangay and police clearance, NBI clearance, and duly authenticated proof of age. For agency-facilitated hiring, Sections 12(a)-(d) become standard requirements. Costs are borne by the prospective employer or agency/PEA, as the case may be.
Section 14 prohibits requiring deposits from which deductions may be made for reimbursement of loss/damage to household tools/materials/furniture/equipment. Section 15 prohibits placing the domestic worker under debt bondage.
Employment below 15 years is prohibited. “Working children” (15 to below 18) are allowed under strict conditions referenced in RA 7610 and must receive minimum wage and benefits under RA 10361. Employers convicted for offenses against working children face an increased penalty and are prohibited from hiring working children.
Section 5 prohibits any abuse, physical violence, harassment, or degrading acts. Section 6 requires at least three adequate meals a day, humane sleeping arrangements ensuring safety, and appropriate rest/assistance in illnesses/injuries without loss of benefits. Basic necessities cannot be withdrawn/held back as punishment.
Section 7 guarantees privacy of the domestic worker, including communications and personal effects, subject to the obligation to render satisfactory service. Section 8 grants access to outside communication during free time (and even during work time in emergencies). If the worker uses the employer’s communication facilities, costs are generally borne by the worker unless waived by the employer.
Daily: an aggregate daily rest period of eight (8) hours per day. Weekly: at least twenty-four (24) consecutive hours of rest in a week, scheduled in writing, with special consideration for religious preference regarding the weekly rest day.
Minimum wage is: P2,500/month for NCR; P2,000/month for chartered cities and first-class municipalities; and P1,500/month for “mother municipalities.” After one year from effectivity, RTPWBs review and adjust periodically.
Wages must be paid on time directly in cash at least once a month; deductions are only those mandated by law unless allowed through written consent. Wages cannot be paid through promissory notes/vouchers/coupons/tokens/tickets/chits or anything other than cash wage. Domestic workers are entitled to 13th month pay. Employers must provide pay slips and keep copies for 3 years. Employers cannot interfere with the worker’s disposal of wages or force purchase of employer’s goods/services. Withholding wages is unlawful; if the domestic worker leaves without justifiable reason, unpaid salary up to 15 days may be forfeited (and wage relinquishment cannot be forced by threat/stealth/intimidation).
After at least one month of service, the domestic worker must be covered by SSS, PhilHealth, and Pag-IBIG, with benefits under applicable laws. Employers shoulder premiums/contributions, except if the worker earns P5,000/month or more, then the domestic worker pays the proportionate share as provided by law.
Domestic worker may terminate for: verbal/emotional abuse; inhuman treatment incl. physical abuse; employer/household commission of a crime/offense against the worker; employer violation of contract/standards; any disease prejudicial to health of worker/employer/household; or analogous causes. Employer may terminate for: misconduct/willful disobedience of lawful order; gross/habitual neglect or inefficiency; fraud/willful breach of trust; worker’s commission of crime/offense against employer or immediate family member; violation of contract/Act standards; prejudicial disease; or analogous causes.
Labor-related disputes are elevated to the DOLE Regional Office having jurisdiction over the workplace, without prejudice to filing civil/criminal actions in appropriate cases. The DOLE Regional Office must exhaust conciliation and mediation efforts before a decision is rendered.