22.

Rights of Kasambahay

ARTICLE II

RIGHTS AND PRIVILEGES

SEC. 5. Standard of Treatment. – The employer or any member of the household shall not
subject a domestic worker or “kasambahay” to any kind of abuse nor inflict any form of physical
violence or harassment or any act tending to degrade the dignity of a domestic worker.

SEC. 6. Board, Lodging and Medical Attendance. – The employer shall provide for the basic
necessities of the domestic worker to include at least three (3) adequate meals a day and
humane sleeping arrangements that ensure safety.

The employer shall provide appropriate rest and assistance to the domestic worker in case of
illnesses and injuries sustained during service without loss of benefits.

At no instance shall the employer withdraw or hold in abeyance the provision of these basic
necessities as punishment or disciplinary action to the domestic worker.

SEC. 7. Guarantee of Privacy. – Respect for the privacy of the domestic worker shall be
guaranteed at all times and shall extend to all forms of communication and personal effects.
This guarantee equally recognizes that the domestic worker is obliged to render satisfactory
service at all times.

SEC. 8. Access to Outside Communication. – The employer shall grant the domestic worker
access to outside communication during free time: Provided, That in case of emergency, access
to communication shall be granted even during work time. Should the domestic worker make
use of the employer’s telephone or other communication facilities, the costs shall be borne by
the domestic worker, unless such charges are waived by the employer.

SEC. 9. Right to Education and Training. – The employer shall 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 or technical and vocational training. The employer shall
adjust the work schedule of the domestic worker to allow such access to education or training
without hampering the services required by the employer.

SEC. 10. Prohibition Against Privileged Information. – All communication and information
pertaining to the employer or members of the household shall be treated as privileged and
confidential, and shall not be publicly disclosed by the domestic worker during and after
employment. Such privileged information shall be inadmissible in evidence except when the suit
involves the employer or any member of the household in a crime against persons, property,
personal liberty and security, and chastity.
21. Distinguish sickness and injury under employees compensation act and those
incidents and which are compensable?

"Sec. 2. Grounds for compensation. — When an employee suffers personal injury from any
accident arising out of and in the course of his employment, or contracts tuberculosis or other
illness directly caused by such employment, or either aggravated by or the result of the nature
of such employment, his employer shall pay compensation in the sums and to the person
hereinafter specified. The right to compensation as provided in this Act shall not be defeated or
impaired on the ground that the death, injury or disease was due to the negligence of a fellow
servant or employee, without prejudice to the right of the employer to proceed against the
negligent party."

"Sec. 4. Injuries not covered. — Compensation shall not be allowed for injuries caused: (1) by
the voluntary intent of the employee to inflict such injury upon himself or another person; (2) by
drunkenness on the part of the laborer who had the accident; and (3) by notorious negligence of
the same."

"Sec. 4-A. Right to additional compensation. — In case of the employee's death, injury or
sickness due to the failure of the employer to comply with any law, or with any order, rule or
regulation of the Workmen's Compensation Commissioner or the Industrial Safety Bureau, or
should the employer violate the provisions of Act Numbered Three thousand seventy-one or fail
to install and maintain safety appliances, or take other precautions for the prevention of accident
or occupational disease, he shall be liable to pay an additional compensation equal to fifty per
centum of the compensation fixed in this Act."

23. Activities the minors are not allowed ?

Under Republic Act No. 9231, children below the age of 15 are not allowed to be employed in
any public or private establishment except when they work directly under the sole responsibility
of their parents or guardian or when their participation in public entertainment or public
information is essential. In any of the exceptions, the employer, parent or guardian should first
secure working child permit from DOLE before engaging the services of the child.

SECTION 5

Prohibition on the Employment of Children in Worst Forms of Child Labor

No child shall be engaged in the worst forms of child labor. The phrase “worst forms
of child labor” shall refer to any of the following:

(a) All forms of slavery, as defined under the

“Anti-trafficking in Persons Act of 2003”or practices similar to slavery suchas sale and
trafficking of children, debt bondage and serfdom and forcedor compulsory labor,
including recruitment of children for use in armed conflict.

(b) The use, procuring, offering or exposing of a child for prostitution, for the
production of pornography or for pornographic performances;
(c) The use, procuring or offering of a child for illegal or illicit activities, including the
production or trafficking of dangerous drugs or volatile substances prohibited under
existing laws; or (d) Work which, by its nature or the circumstances in which it is
carried out, is hazardous or likely to be harmful to the health, safety or morals of
children, such that it:

i. Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; or

ii. Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful
psychologically or may prejudice morals; or

iii. Is performed underground, underwater or at dangerous heights; or

iv. Involves the use of dangerous machinery, equipment and tools such as power-driven
or explosive power-actuated tools; or

v. Exposes the child to physical danger such as, but not limited to the dangerous feats
of balancing, physical strength or contortion, or which requires the manual transport of
heavy loads; or

vi.Is performed in an unhealthy environment exposing the child to hazardous working

conditions, elements, substances, co-agents or processes involving ionizing,
radiation, fire, flammable substances, noxious components and the like, or to
extreme temperatures, noise levels or vibrations; or

vii. Is performed under particularly difficult conditions; or

viii. Exposes the child to biological agents such as bacteria, fungi, viruses, protozoa,
nematodes and other parasites; or

ix. Involves the manufacture or handling of explosives and other pyrotechnic products.

SECTION 6 - Prohibition on the Employment of Children in Certain

Advertisements –No child below 18 years of age shall be employed as a model in any
advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks,
tobacco and its byproducts, gambling or any form of violence or pornography.