Law Summary
Declaration of Policies
- Labor is a primary social force; State commits to respecting and realizing worker rights.
- Establishes labor standards specifically for domestic workers.
- Protects domestic workers against abuse, exploitation, hazardous work.
- Promotes gender-sensitive policies for safe, healthful working conditions.
Coverage
- Applies to all domestic workers employed and working within the Philippines.
Definition of Terms
- Debt bondage: Service as security/payment for debt without clear terms or fair valuation.
- Deployment expenses: Costs directly for transfer from origin to workplace, excluding worker advances.
- Domestic work: Work performed within or for a household.
- Domestic worker: Person engaged in domestic work under employment, excluding occasional workers and foster children with education allowance.
- Employer: Person engaging and controlling domestic worker services.
- Household: Immediate family or occupants serviced by domestic worker.
- 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 and household members must not subject domestic workers to abuse, physical violence, harassment or degrading acts.
Board, Lodging and Medical Attendance
- Employers must provide three adequate meals daily, humane and safe sleeping arrangements.
- Provide rest and assistance for illness/injuries without loss of benefits.
- Basic necessities cannot be withheld as punishment.
Guarantee of Privacy
- Domestic workers’ privacy respected at all times, covering communication and personal effects.
- Workers still obligated to render satisfactory service.
Access to Outside Communication
- Access during free time; emergency access even during work hours.
- Costs of employer’s communication tools used by the worker are borne by the worker unless waived.
Right to Education and Training
- Employers must allow domestic workers to finish basic education, access alternative learning, higher education or vocational training.
- Work schedules adjusted to enable educational/training access without hampering services.
Prohibition Against Privileged Information Disclosure
- Confidentiality of employer’s household information during and post-employment.
- Confidentiality exception in criminal cases involving employer or household members.
Employment Contract
- Must be in language understood by both parties, signed before service begins.
- Contract includes duties, period, compensation, deductions, hours, rest, board, loans, termination, and lawful conditions.
- DOLE to provide free model contracts and disseminate information.
- PEAs to keep contract copies for inspection.
Pre-Employment Requirements
- Employers may require medical certificates, clearances (barangay, police, NBI), authenticated birth certificates.
- Standard for PEA-facilitated employment with cost borne by employer or agency.
Recruitment and Finders Fees
- No recruitment or finders fees shall be charged to the domestic worker by agencies or third parties.
Deposits for Loss or Damage
- Employers cannot demand deposits from domestic workers for loss or damage reimbursement.
Prohibition on Debt Bondage
- Illegal to place or keep domestic worker under debt bondage.
Employment Age
- Minimum age of employment is 15 years.
- Working children (15-18 years) given specific protections and benefits.
- Enhanced penalties for offenses against working children.
Employer’s Reportorial Duties
- Employers must register domestic workers in barangay registry.
- DILG and DOLE to create registration system.
Skills Training and Certification
- DOLE and TESDA to facilitate training, assessment, and certification for domestic workers.
Health and Safety
- Employers must safeguard worker health and safety according to pertinent laws.
Daily Rest Period
- Domestic workers entitled to eight hours of daily rest.
Weekly Rest Period
- At least 24 consecutive hours of rest weekly.
- Written agreement on rest day schedule respecting religious preferences.
- Allows offsetting rest days, waivers, accumulation, or similar arrangements.
Assignment to Nonhousehold Work
- Temporary outside household work allowed with additional wage not less than minimum wage.
- Liability for such work borne by original employer.
- Employer cannot charge other households for the worker’s service.
Minimum Wage
- Minimum wages set:
- P2,500/month in NCR
- P2,000/month in chartered cities/first-class municipalities
- P1,500/month in other municipalities
- Wage boards to review and adjust rates periodically.
Payment of Wages
- Payment in cash, at least monthly, directly to domestic worker.
- Written consent required for any deductions beyond legal mandates.
- Promissory notes or non-cash wages prohibited.
- Entitlement to 13th month pay.
Pay Slip
- Employer must provide pay slip indicating payments and deductions every pay day.
- Pay slips to be kept for three years.
Prohibition on Interference in Wage Disposal
- Employers prohibited from controlling workers’ use of wages or compelling purchases from employer or others.
Prohibition Against Withholding Wages
- Illegal to withhold wages, except unpaid salary up to 15 days forfeited if worker leaves without just cause.
- No coercion to give up wages.
Leave Benefits
- Domestic workers with one year service entitled to 5 days annual service incentive leave with pay.
- Leave is non-cumulative and non-convertible to cash.
Social and Other Benefits
- Coverage under SSS, PhilHealth, and Pag-IBIG after one month of service.
- Employer shoulders premiums except where wage is P5,000 or above when worker shares.
- Access to other legally mandated benefits.
Rescue and Rehabilitation of Abused Domestic Workers
- Immediate rescue by social welfare officers upon abuse or exploitation.
- Development of standard operating procedures for rescue, rehabilitation, and job placement.
Termination of Service
- Contract termination before expiry only for specified grounds.
- Unjust dismissal results in indemnity plus earned compensation.
- Worker leaving without just cause forfeits wages not exceeding 15 days.
- Employer may recover deployment expenses if termination within 6 months.
- Written notice of 5 days for undetermined term contracts.
Termination Initiated by Domestic Worker
- Grounds include abuse, inhuman treatment, crimes by employer/household members, contract violations, prejudicial disease, and analogous causes.
Termination Initiated by Employer
- Grounds include misconduct, neglect, fraud, crimes by worker against employer or family, contract violations, prejudicial disease, and similar causes.
Employment Certification
- Upon termination, employer must provide certificate of employment within 5 days upon request.
Regulation of Private Employment Agencies (PEAs)
- DOLE to license and regulate PEAs, holding them jointly liable with employers for worker benefits.
- PEAs prohibited from charging fees to domestic workers.
- PEAs to ensure employment contract compliance, provide orientation, keep contract copies.
- PEAs assist with complaints and cooperate in rescue operations.
Mechanism for Settlement of Disputes
- Labor disputes raised to DOLE Regional Office for conciliation and mediation before decisions.
- Civil/criminal action may proceed as appropriate.
- Ordinary crimes filed with regular courts.
Information Program
- DOLE in coordination with agencies to implement information dissemination on the Act nationwide.
Designation of Araw ng Mga Kasambahaya
- The Act's approval date to be designated as Araw ng mga Kasambahaya (Day of Domestic Workers).
Penalties
- Violations punishable by fines from P10,000 to P40,000.
- Civil or criminal actions may also be pursued.
Non-Diminution of Benefits
- Existing worker-employer arrangements to be adjusted to conform to law within 60 days.
- Wage adjustments effective after wage order issuance.
- No reduction or substitution of current benefits allowed.
Implementing Rules and Regulations
- Secretaries of Labor, Social Welfare, Interior, and PNP Director General to promulgate implementing rules within 90 days.
Separability Clause
- Invalidity of any provision does not affect the remaining law.
Repealing Clause
- Repeals conflicting laws and provisions, specifically PD No. 442 Chapter III on Employment of Househelpers.
Effectivity Clause
- The Act takes effect 15 days after publication in Official Gazette or two national newspapers.