Domestic Drivers are not included

under the Kasamabahay Law but

under the Labor Code

Under the Implementing Rules and Regulations of R.A. 10361 or the “Domestic Workers
Act” or “Batas Kasambahay,” Section 2 excludes family drivers under its coverage. Thus,
the Labor Code of the Philippines1 still applies, particularly Article 141 which states:

“Article 141. Coverage. This Chapter shall apply to all persons rendering
services in households for compensation.
"Domestic or household service" shall mean service in the employer’s home
which is usually necessary or desirable for the maintenance and enjoyment
thereof and includes ministering to the personal comfort and convenience of
the members of the employer’s household, including services of family
drivers.”

Just Cause for termination

by employer

Just cause is lawful or valid ground for termination of employment arising from causes
directly attributable to the fault or negligence of an employee. These are considered serious or grave
in nature and attended by willful or wrongful intent or they reflected adversely on the moral
character of the employees. Article 149 of the Labor Code provides that a househelper may only be
terminated upon expiry of his contract with the employer or by just cause, thus:

Article 149. Indemnity for unjust termination of services. If the period of household
service is fixed, neither the employer nor the househelper may terminate the
contract before the expiration of the term, except for a just cause. If the
househelper is unjustly dismissed, he or she shall be paid the compensation
already earned plus that for fifteen (15) days by way of indemnity.
If the househelper leaves without justifiable reason, he or she shall forfeit any
unpaid salary due him or her not exceeding fifteen (15) days.

The dismissal under just causes imposed by the employer is taken as a punishment for the
employees acts or omission. Article 282 enumerates the grounds that may be used by an employer as
a just cause for termination of an employee or househelper’s services. The said provision states:

“Article 282. Termination by employer. An employer may terminate an

employment for any of the following causes:

Serious misconduct or willful disobedience by the employee of the lawful

orders of his employer or representative in connection with his work;

Gross and habitual neglect by the employee of his duties;

Fraud or willful breach by the employee of the trust reposed in him by his
employer or duly authorized representative;

Commission of a crime or offense by the employee against the person of his

employer or any immediate member of his family or his duly authorized
representatives; and

Other causes analogous to the foregoing.”

With regard to the last ground, examples of analogous cases may also be considered such as:

1. Abandonment. Abandonment is a form of neglect of duty. Abandonment is present when

the employee leaves his job with a clear and deliberate intent end his employment with no
intention of coming back to work.2

1 P.D. 442 (1974)

2 Ultra Villa Food Haus, et. al v. Renato Geniston, et. al. G.R. No. 120473 June 23, 1999
 2. Gross inefficiency. Gross inefficiency is analogous to and closely related to gross neglect
for both involve acts or omissions on the part of the employee resulting in damage to the
employer or to his business.3
3. Disloyalty/conflict of interest. Disloyalty exists when one asserts an interest, or performs
acts adverse to one’s employer, such as secretly engaging in a business which renders him a
competitor and rival of his employer. It constitutes a breach of an implied condition of the
contract of employment4.
4. Dishonesty. Acts of dishonesty deemed to be patently inimical to the employer is analogous
to breach of trust and is a valid cause for termination of employment.

Duration of Notice for

Termination

The Labor Code provides for the service of termination notice to a househelper
under Article 150 which states that:

“Article 150. Service of termination notice. If the duration of the household service
is not determined either in stipulation or by the nature of the service, the
employer or the househelper may give notice to put an end to the
relationship five (5) days before the intended termination of the service.”

In short, an employer may terminate the services of a domestic driver upon service of notice for
termination as determined by:

1. Stipulation for serving notice of termination

2. By nature of the service
3. If not determined, five (5) days before the intended termination of service

No Separation Pay if
Termination is Based
On Grounds under
Just Cause

The termination of an employee based on Article 282 of the Labor Code on just cause
prevents the latter from being entitled to payment of separation benefits. Section 7, Rule I, Book
VI, of the Omnibus Rules Implementing the Labor Code provides:

“Sec. 7. Termination of employment by employer. – The just causes for

terminating the services of an employee shall be those provided in Article 282
of the Code. The separation from work of an employee for a just cause
does not entitle him to the termination pay provided in Code, without
prejudice, however, to whatever rights, benefits and privileges he may have
under the applicable individual or collective bargaining agreement with the
employer or voluntary employer policy or practice.”

3 Lim vs. NLRC, G.R. No. 118434, July 26, 1996.

4 Elizalde International vs. Court of Appeals, G.R. No. L40553 February 26, 1981