QuestionsQuestions (Republic Act No. 10361)
RA No. 10361 is the “Domestic Workers Act” or “Batas Kasambahaya.” It institutes policies for the protection and welfare of domestic workers.
The State commits to respect, promote, protect, and realize fundamental rights at work (e.g., abolition of child labor, elimination of forced labor, non-discrimination, trafficking prevention), adherence to internationally accepted working conditions, protection against abuse/harassment/violence/economic exploitation, and promotion of gender-sensitive measures.
RA 10361 applies to domestic workers employed and working within the country. It excludes persons who perform domestic work only occasionally or sporadically on a non-occupational basis, and excludes foster children under foster family arrangements who have access to education and receive incidental allowances.
Domestic work is work performed in or for a household or households. Employer refers to any person who engages and controls the services of a domestic worker and is party to the employment contract.
They may not subject domestic workers to abuse, physical violence, harassment, or any act tending to degrade their dignity.
At least three adequate meals a day and humane sleeping arrangements ensuring safety. The employer must provide appropriate rest and assistance for illnesses/injuries sustained during service without loss of benefits, and may not withdraw/withhold basic necessities as punishment.
Privacy must be guaranteed at all times, extending to all forms of communication and personal effects. For outside communication, the employer must grant access during free time, and even during work time in emergencies (with communication costs borne by the domestic worker unless waived).
The employer must afford the domestic worker the opportunity to finish basic education and may allow access to alternative learning systems and, as far as practicable, higher education/technical-vocational training. The work schedule must be adjusted to allow education/training without hampering needed services.
A contract must be executed before service begins, in a language/dialect understood by both parties. The domestic worker must be given a copy. It must include duties, period of employment, compensation, authorized deductions, hours of work and overtime/additional pay, rest days/leaves, board/lodging/medical attention, agreements on deployment expenses (if any), loan agreement (if any), termination provisions, and any other lawful conditions.
Regardless of whether hired through a private employment agency or a third party, no share in recruitment or finder’s fees shall be charged against the domestic worker.
It is unlawful to require deposits from which deductions will be made for loss/damage of household tools/materials/furniture/equipment. It is also unlawful to place a domestic worker under debt bondage (i.e., rendering service as security/payment for a debt where service length/nature is not clearly defined or value is not reasonably applied).
It is unlawful to employ persons below 15 as domestic workers. Working children are those 15 to below 18 and their employment is subject to additional protections under the Act and related laws for child protection; they are entitled to minimum wage and benefits under the Act, and offenders face heightened penalties and prohibition from hiring working children.
Domestic workers are entitled to an aggregate daily rest period of 8 hours per day and at least 24 consecutive hours of rest in a week. The weekly rest day schedule must be agreed in writing, with respect to religious preference.
Wages must be paid on time directly to the domestic worker in cash at least once a month. Deductions are limited to those mandated by law unless the domestic worker provides written consent. Employers may not pay wages via promissory notes, vouchers, coupons, tokens, tickets, chits, or objects other than cash as required by the Act.
If the domestic worker has rendered at least one month of service, the employer must cover them under SSS, PhilHealth, and Pag-IBIG and the worker is entitled to benefits under pertinent laws. Premium payments/contributions are generally shouldered by the employer, except that if wage is P5,000 and above monthly, the domestic worker pays the proportionate share as provided by law.
(a) Domestic worker may terminate for verbal/emotional abuse, inhuman treatment/physical abuse, employer or household member committing a crime against the worker, violation of contract/standards, disease prejudicial to health, or analogous causes. (b) Employer may terminate for misconduct/willful disobedience to lawful orders, gross or habitual neglect/inefficiency, fraud/willful breach of trust, crime/offense by the worker against the employer or immediate family, violation of contract/standards, disease prejudicial to health, or analogous causes.
All labor-related disputes are elevated to the DOLE Regional Office with jurisdiction. DOLE Regional Office must exhaust conciliation and mediation before deciding. Ordinary crimes/offenses under the Revised Penal Code and other special penal laws must be filed with the regular courts.
Any violation declared unlawful is punishable by a fine of not less than P10,000 but not more than P40,000, without prejudice to filing appropriate civil or criminal actions by the aggrieved party.