Araw ng Kasambahay: January 18

I.
Sec. 19
Sec. 6

Terms and Conditions of Employment of Domestic Workers

The employer shall
Health and safety SAFEGUARD the health and safety of the DW
- With due consideration of the peculiar nature of DW
Free Board,
PROVIDE for the basic necessities of the DW to include:
Lodging, and
a. At least 3 adequate meals a day
Medical
b. Humane sleeping arrangements
Attendance
c. Appropriate rest and assistance
a. in case of illness or injuries sustained during
service without loss of benefits

Sec. 20

Daily Rest Period

Sec. 21

Weekly Rest
Period

Sec. 22

Sec. 23

Sec. 24

Appropriate
Compensation for
Assignment to
Non-Household
Work
Extent of Duty

Minimum Wage
of DWs

Sec. 25

Payment of
Wages

Sec. 26

Pay slip

Sec. 25

13 month pay

Sec. 27

Leave benefits

Sec. 28

th

Social Security,
PhilHealth and
Pag-Ibig Fund

Medical attendance - limited to ailments contracted by

househelper while IN THE SERVICE of the employer
o Does not include hospitalization

*CANNOT withdraw or hold in abeyance basic necessities as

punishment or disciplinary action to the DW
8 hours per day
At least 24 consecutive hours
Agreement in writing on Schedule of weekly rest day
On day chosen by DW on religious grounds = respected
a. Offset a day of absence with a particular rest day
b. Waive a particular rest day in return for an equivalent
daily rate of pay
c. Accumulate rest days not exceeding 5 days
d. Other similar arrangements
CANNOT assign DW to non-household work
-

If assigned: must be given a wage not lower than that

provided for agricultural or non-agricultural workers
- Paid the applicable minimum wage
May ALLOW DW to temporarily perform a task for another
household
Conditions:
1. Any liability that will be incurred by the DW on account
of such arrangement shall be borne by the original
employer
2. DW who temporarily works for another household
- Original employer to charge any amount from
household
NCR P2,500
Chartered cities & first class mun. P2,000
Other mun. P1,500
Who reviews and adjusts: Regional Tripartite and Productivity
Wage Boards
1. In cash
2. Directly to the DW;
3. And at least once a month.
*not by means of coupons, tokens etc.
DW shall be given a copy
- Content:
o Amount paid
o Deductions
*copies shall be kept by the employer for 3 years
DWs are entitled
Annual Service Incentive Leave = 5 days with pay
- Rendered at least 1 year of service
Unused portion of annual leave: neither cumulative nor
convertible to cash
1. Rendered at least 1 month of service
a. DW receive monthly wage of less than P5k = all
contributions shall be borne by the employer

b. DW receive 5k and above = DW and Employer

II.
Sec. 5

Rights and Privileges of Domestic Workers

The employer shall
Right to Humane Treatment (or any member of the household) not SUBJECT a
DW to any kind of
1. Abuse
2. Physical violence
3. Harassment
4. Any act tending to degrade the dignity of a
DW.

Sec. 7

Right to Privacy

Sec. 8

Access to Outside
Communications

Sec. 9

Right to Education and

Training

III.

IV.
Sec. 14

*any abused or exploited DW shall be immediately

rescued by a municipal or city social welfare officer
from DSWD.
RESPECT the privacy of the DW at all times
- Extends to ALL FORMS of communication
and personal effects
GRANT DW access to outside communication
DURING FREE TIME
>>>exception: during EMERGENCY (means can be
granted access even during work time)
If the DW makes use of the employers
telephone and other communication factilities
o Costs shall be borne by the
DW or
Employer (if he waives)
1. AFFORD the DW the opportunity to finish
basic education
2. May ALLOW access to ALS, higher education
or technical and vocational training
3. ADJUST the work schedule of the DW to
- allow such access to education or training
without hampering the services required by
the employer

Obligations of DWs
a. Render satisfactory service at all times (Sec. 7)
b. Observe the terms and conditions of the employment contract
c. PRIVILEGED IN CHARACTER (PRIVILEGED COMMUNICATION) (Sec. 3)
i. Refrain from publicly disclosing any communication or
information
1. Pertaining to the employer or members of the household
during and after employment
ii. Effect: INADMISSIBLE in EVIDENCE
iii. EXCEPTION: when the suit
1. involves the employer or any member of the household
2. in a crime against persons, property, personal liberty and
security, and chastity
Prohibited Activities (Employer can oblige)
Prohibition Against
Deposits for Loss or
Damage

Sec. 15

Prohibition on Debt
Bondage

Employer
CANNOT
OBLIGE the
employee

Sec. 27
Prohibition on
Interference in the
Disposal of Wages

Employer

For loss of damage to tools,

materials, furniture and equipment
in the household
1. To render service as
a. SECURITY for
b. or in payment for a
debt
2. where the length and
nature of service is not
clearly defined
3. or when the value of the
service is not reasonably
applied in the payment of
the debt
1. Interfere with freedom of
any DW to dispose of her
wages
2. Oblige DW to purchase
merchandise, commodities
or other properties from
the employer or from any
other person etc.

Sec. 28

CANNOT
Prohibition against
Withholding of Wages

V.

1. Directly or indirectly,
withhold the wages
2. Induce the DW to give up
any part of the wages by
a. Force
b. Stealth
c. Intimidation
d. Or by other means

When employment relation can be terminated

With Just Cause
Without Just Cause
DW or employer can
DW or employer can terminate ER:
terminate employment
1. At the END of the STIPULATED Period
relations ANYTIME
With no stipulated period giving 5 days ADVANCE
NOTICE
DW
Employer
1. FORFEITS SALARY
1. LIABLE for
equivalent to 15 days
INDEMNITY =
Effect of termination
2. Liable for
equivalent to 15
without notice or before
DEPLOYMENT
days pay
the stipulated period
expenses
a. If done within
6 months
from hiring
a. Just causes for termination of employment
By the DW

By the Employer

VI.

Certificate of Employment
a. When:
i. upon severance of the employment relationship
ii. within 5 days from request
b. content:
i. nature
ii. duration of the service and work performance

VII.

Criminal Acts
a. Criminal Sanction (Sec. 40) = fine: P10k P40k