Declaration of Policies
- Labor is a primary social force.
- The State commits to respect, promote, and protect fundamental labor rights including freedom from child labor, forced labor, discrimination, and trafficking.
- Adoption of internationally accepted labor standards for domestic workers aimed at decent employment income and social protection.
- Recognition of domestic workers' rights to protection from abuse, harassment, violence, and economic exploitation.
- Promotion of gender-sensitive policies for safe and healthy working conditions.
Coverage
- Applies to all domestic workers employed and working within the Philippines.
Definitions
- Debt Bondage: Work rendered as security/payment for debt without clear terms.
- Deployment Expenses: Costs directly related to transferring a domestic worker to work location.
- Domestic Work: Work performed in or for a household.
- Domestic Worker (Kasambahaya): Person engaged in domestic work under employment relationships (e.g., househelp, nursemaid, cook), excluding occasional or foster children.
- Employer: Person engaging and controlling the domestic worker.
- Household: Family members or occupants directly receiving domestic services.
- Private Employment Agency (PEA): Licensed entity recruiting and placing domestic workers locally.
- Working Children: Domestic workers aged 15 to below 18 years.
Standard of Treatment
- Employers or household members must not abuse, physically harm, harass, or degrade domestic workers.
Board, Lodging, and Medical Attendance
- Employers must provide three adequate meals daily, safe sleeping arrangements, and medical assistance during illness or injury without withdrawing these as punishment.
Guarantee of Privacy
- Domestic workers must have their privacy respected including communication and personal effects, while maintaining service obligations.
Access to Outside Communication
- Domestic workers have the right to communicate externally during free time; in emergencies, even during work hours. Costs for using employer's communication are borne by the worker unless waived.
Right to Education and Training
- Employers must allow access and adjustment of schedules for education (basic, alternative, technical, or vocational) without hampering service.
Prohibition Against Privileged Information Disclosure
- Domestic workers must keep employer's private information confidential unless involved in specific criminal cases.
Employment Contract
- A written employment contract must be executed before work starts, in a language understood by both parties, outlining duties, period, compensation, deductions, working hours, rest, board, medical attention, expenses, termination, and other lawful conditions.
- DOLE is mandated to develop and disseminate a model contract freely.
- PEAs must keep contracts available for inspection.
Pre-Employment Requirements
- Employers may require medical certificate, barangay and police clearances, NBI clearance, and authenticated proof of age.
- These requirements are standard if hired through PEAs; employer or agency bears the cost.
Recruitment and Finder's Fees
- Domestic workers shall not be charged recruitment or finder's fees by agencies or third parties.
Prohibition of Deposits for Loss or Damage
- Employers cannot require domestic workers to make deposits for reimbursement of loss or damage.
Prohibition on Debt Bondage
- Debt bondage of a domestic worker is unlawful.
Employment Age
- No person below 15 years can be employed as a domestic worker.
- Working children (15-18 years) are entitled to protections, benefits, and minimum wage; penalties apply to employers abusing child workers.
Employers' Reportorial Duties
- Employers must register domestic workers in the local barangay registry; DILG and DOLE to establish the system.
Skills Training and Certification
- DOLE and TESDA shall facilitate skills training, assessment, and certification to enhance productivity and service quality.
Health and Safety
- Employers must safeguard domestic workers' health and safety considering the nature of domestic work.
Daily and Weekly Rest Periods
- Domestic workers are entitled to 8 hours daily rest and 24 continuous hours weekly rest, with scheduling agreements respecting religious preferences.
- Flexibility allowed to offset rest days, accumulate rest days (up to 5), or waive rest days for pay.
Assignment to Nonhousehold Work
- Domestic workers cannot be assigned to commercial, industrial, or agricultural work at wages below minimum wage; additional payment required for work outside the household.
- Employer bears liabilities and cannot charge fees for temporary external deployment.
Minimum Wage
- Minimum wages set at P2,500/month (NCR), P2,000/month (chartered cities/first class municipalities), and P1,500/month (other municipalities).
- RTPWBs shall review and adjust wages periodically.
Payment of Wages
- Wages must be paid in cash directly to workers at least once a month on time.
- No deductions except as mandated by law.
- Payment in promissory notes or tokens is forbidden.
- Domestic workers entitled to 13th month pay.
Pay Slip
- Employers must provide pay slips showing amount and deductions each payday and retain copies for 3 years.
Prohibition on Interference with Wage Disposal
- Employers cannot compel workers to buy goods or use services from employer or related persons.
Prohibition Against Withholding Wages
- Withholding wages is unlawful; forfeiture of up to 15 days salary applies if worker leaves without justifiable reason.
- Employers cannot induce wage abandonment by force, threats, or stealth.
Leave Benefits
- After one year of service, domestic workers are entitled to 5 days annual service incentive leave with pay.
- Unused leave is non-cumulative and non-convertible to cash.
Social and Other Benefits
- Domestic workers with at least one month of service must be covered by SSS, PhilHealth, and Pag-IBIG, with employer paying contributions except for those earning P5,000 or more who share contributions.
- Workers entitled to other benefits under existing laws.
Rescue and Rehabilitation of Abused Workers
- Abused domestic workers shall be rescued by social welfare officers in coordination with barangay officials.
- DSWD and DILG to create rescue and rehabilitation procedures with DOLE for job placement.
Termination of Service
- Contract termination allowed only for lawful grounds; unjust dismissal entitles workers to compensation plus 15 days indemnity.
- Notice requirements apply when no fixed term exists; mutual written agreement allowed for early termination.
Grounds for Termination by Domestic Worker
- Includes verbal/emotional abuse, physical abuse, crimes against worker, violation of contract, health-related diseases, and analogous causes.
Grounds for Termination by Employer
- Includes misconduct, neglect, fraud, crimes against employer/family, contract violations, health hazards, and analogous causes.
Employment Certification
- Employers must issue a certificate of employment within 5 days upon request indicating service details and performance.
Regulation of Private Employment Agencies (PEAs)
- DOLE to license and regulate PEAs.
- PEAs jointly liable with employers for domestic workers' wages and benefits.
- PEAs must ensure no recruitment fees charged to workers, provide pre-employment orientation, maintain contract copies, assist in complaints, and cooperate in rescue operations.
Settlement of Disputes
- Labor disputes lodged with DOLE Regional Office for conciliation and mediation before adjudication.
- Criminal offenses handled in regular courts.
Information Program
- DOLE to coordinate with agencies to implement nationwide information campaigns on the Act's provisions.
Designation of "Araw ng mga Kasambahaya"
- The day the Act is approved shall be designated as "Araw ng mga Kasambahaya" (Domestic Workers Day).
Penalties
- Violations punished with fines between P10,000 and P40,000 plus possible civil or criminal actions.
Transitory and Non-Diminution Clauses
- Existing employment arrangements must conform to this Act within 60 days.
- Wage adjustments effective after wage order issuance.
- The Act does not diminish any existing benefits.
Implementing Rules and Regulations
- Secretary of Labor, DSWD, DILG, PNP, and NGOs to promulgate implementing rules within 90 days.
Separability Clause
- Invalidity of any provision does not affect the rest of the Act.
Repealing Clause
- Repeals inconsistent provisions of PD No. 442 and other laws related to employment of househelpers.
Effectivity
- The Act takes effect 15 days after publication in official or national newspapers.