Article 166Labor and Agrarian Laws and Social Legislation, p. 166

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

realize the fundamental principles and rights at work

including, but not limited to, abolition of child labor,

elimination of all forms of forced labor, discrimination in

employment and occupation, and trafficking in persons,

especially women and children;

(b) The State adheres to internationally accepted

working

conditions

for

workers

in

general,

and

establishes

labor

standards

for

domestic workers in

particular,

towards decent employment and income,

enhanced

coverage

of

social

protection,

respect for

human rights and strengthened social dialogue;

(c) The State recognizes the need to protect the rights

of domestic workers against abuse, harassment, violence,

economic exploitation and performance of work that is

hazardous to their physical and mental health; and

(d) The State, in protecting domestic workers and

recognizing

their

special

needs

to

ensure safe and

healthful working conditions, promotes gender-sensitive

measures in the formulation and implementation of

policies and programs affecting the local domestic work.

Section 3. Coverage. – This Act applies to all domestic

workers employed and working within the country.

Section 4. Definition of Terms. – As used in this Act,

the term:

(a) Debt bondage refers to the rendering of service by

the domestic worker as security or payment for a debt

where the length and nature of service is not clearly

defined or when the value of the service is not reasonably

applied in the payment of the debt.

(b) Deployment expenses refers to expenses that are

directly used for the transfer of the domestic worker from

place of origin to the place of work covering the cost of

transportation. Advances or loans by the domestic worker

are

not

included

in

the

definition

of

deployment

expenses.

(c) Domestic work refers to work performed in or for a

household or households.

(d) Domestic worker or "Kasambahay" refers to any

person engaged in domestic work within an employment

relationship such as, but not limited to, the following:

general househelp, nursemaid or "yaya", cook, gardener,

or laundry person, but shall exclude any person who

performs domestic work only occasionally or sporadically

and not on an occupational basis.

The term shall not include children who are under

foster family arrangement, and are provided access to

education

and

given

an

allowance

incidental

to

education, i.e. "baon", transportation, school projects and

school activities.

(e) Employer refers to any person who engages and

controls the services of a domestic worker and is party to

the employment contract.

(f) Household refers to the immediate members of

the family or the occupants of the house that are directly

provided services by the domestic worker.

(g) Private Employment Agency (PEA) refers to any

individual, legitimate partnership, corporation or entity

licensed to engage in the recruitment and placement of

domestic workers for local employment.

(h) Working children, as used under this Act, refers to

domestic workers who are fifteen (15) years old and above

but below eighteen (18) years old.

ARTICLE II RIGHTS AND PRIVILEGES

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section

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.

ARTICLE III PRE-EMPLOYMENT

Section 11. Employment Contract. – An employment

contract shall be executed by and between the domestic

worker and the employer before the commencement of

the service in a language or dialect understood by both

the domestic worker and the employer. The domestic

worker shall be provided a copy of the duly signed

employment contract which must include the following:

(a) Duties and responsibilities of the domestic worker;

(b) Period of employment;

(c) Compensation;

(d) Authorized deductions;

(e)

Hours

of

work

and

proportionate

additional

payment;

(f) Rest days and allowable leaves;

(g) Board, lodging and medical attention;

(h) Agreements on deployment expenses, if any;

(i) Loan agreement;

(j) Termination of employment; and

(k) Any other lawful condition agreed upon by both

parties.

The Department of Labor and Employment (DOLE)

shall develop a model employment contract for domestic

workers which shall, at all times, be made available free of

charge to domestic workers, employers, representative

organizations and the general public. The DOLE shall

widely disseminate information to domestic workers and

© Compiled By RGL

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