Article 168Labor and Agrarian Laws and Social Legislation, p. 168

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

Section 26. Pay Slip. – The employer shall at all times

provide the domestic worker with a copy of the pay slip

containing the amount paid in cash every pay day, and

indicating all deductions made, if any. The copies of the

pay slip shall be kept by the employer for a period of three

(3) years.

Section

27.

Prohibition

on

Interference

in

the

Disposal of Wages. – It shall be unlawful for the employer

to interfere with the freedom of any domestic worker to

dispose of the latter’s wages. The employer shall not force,

compel

or

oblige the domestic worker to purchase

merchandise, commodities or other properties from the

employer or from any other person, or otherwise make

use of any store or services of such employer or any other

person.

Section

28.

Prohibition

Against

Withholding

of

Wages. – It shall be unlawful for an employer, directly or

indirectly, to withhold the wages of the domestic worker.

If the domestic worker leaves without any justifiable

reason, any unpaid salary for a period not exceeding

fifteen (15) days shall be forfeited. Likewise, the employer

shall not induce the domestic worker to give up any part

of the wages by force, stealth, intimidation, threat or by

any other means whatsoever.

Section 29. Leave Benefits. – A domestic worker who

has rendered at least one (1) year of service shall be

entitled to an annual service incentive leave of five (5)

days with pay: Provided, That any unused portion of said

annual leave shall not be cumulative or carried over to the

succeeding years. Unused leaves shall not be convertible

to cash.

Section 30. Social and Other Benefits. – A domestic

worker who has rendered at least one (1) month of service

shall be covered by the Social Security System (SSS), the

Philippine Health Insurance Corporation (PhilHealth), and

the Home Development Mutual Fund or Pag-IBIG, and

shall be entitled to all the benefits in accordance with the

pertinent provisions provided by law.

Premium

payments

or

contributions

shall

be

shouldered by the employer. However, if the domestic

worker is receiving a wage of Five thousand pesos

(P5,000.00) and above per month, the domestic worker

shall

pay

the

proportionate

share

in

the

premium

payments or contributions, as provided by law.

The domestic worker shall be entitled to all other

benefits under existing laws.

Section 31. Rescue and Rehabilitation of Abused

Domestic Workers. – Any abused or exploited domestic

worker shall be immediately rescued by a municipal or

city social welfare officer or a social welfare officer from

the Department of Social Welfare and Development

(DSWD) in coordination with the concerned barangay

officials.

The

DSWD

and

the

DILG

shall

develop

a

standard

operating

procedure

for

the

rescue

and

rehabilitation

of

abused

domestic

workers,

and

in

coordination with the DOLE, for possible subsequent job

placement.

ARTICLE V POST EMPLOYMENT

Section 32. Termination of Service. – Neither the

domestic worker nor the employer may terminate the

contract before the expiration of the term except for

grounds provided for in Sections 33 and 34 of this Act. If

the domestic worker is unjustly dismissed, the domestic

worker shall be paid the compensation already earned

plus the equivalent of fifteen (15) days work by way of

indemnity.

If

the

domestic

worker

leaves

without

justifiable reason, any unpaid salary due not exceeding

the equivalent fifteen (15) days work shall be forfeited. In

addition, the employer may recover from the domestic

worker

costs

incurred

related

to

the

deployment

expenses, if any: Provided, That the service has been

terminated within six (6) months from the domestic

worker’s employment.

If

the

duration

of

the

domestic

service

is

not

determined either in stipulation or by the nature of the

service, the employer or the domestic worker may give

notice to end the working relationship five (5) days before

the intended termination of the service.

The domestic worker and the employer may mutually

agree upon written notice to pre-terminate the contract

of employment to end the employment relationship.

Section 33. Termination Initiated by the Domestic

Worker.

–

The

domestic

worker

may terminate the

employment

relationship

at

any

time

before

the

expiration of the contract for any of the following causes:

(a) Verbal or emotional abuse of the domestic worker

by the employer or any member of the household;

(b) Inhuman treatment including physical abuse of

the domestic worker by the employer or any member of

the household;

(c) Commission of a crime or offense against the

domestic worker by the employer or any member of the

household;

(d) Violation by the employer of the terms and

conditions

of

the

employment

contract

and

other

standards set forth under this law;

(e)

Any

disease prejudicial to the health of the

domestic worker, the employer, or member/s of the

household; and

(f) Other causes analogous to the foregoing.

Section 34. Termination Initiated by the Employer. –

An employer may terminate the services of the domestic

worker at any time before the expiration of the contract,

for any of the following causes:

(a)

Misconduct

or

willful

disobedience

by

the

domestic worker of the lawful order of the employer in

connection with the former’s work;

(b) Gross or habitual neglect or inefficiency by the

domestic worker in the performance of duties;

(c) Fraud or willful breach of the trust reposed by the

employer on the domestic worker;

(d) Commission of a crime or offense by the domestic

worker

against

the

person

of the employer or any

immediate member of the employer’s family;

(e) Violation by the domestic worker of the terms and

conditions

of

the

employment

contract

and

other

standards set forth under this law;

(f)

Any

disease

prejudicial

to

the health of the

domestic worker, the employer, or member/s of the

household; and

(g) Other causes analogous to the foregoing.

Section 35. Employment Certification. – Upon the

severance of the employment relationship, the employer

shall issue the domestic worker within five (5) days from

request

a

certificate

of

employment

indicating

the

nature, duration of the service and work performance.

ARTICLE VI PRIVATE EMPLOYMENT AGENCIES

Section

36.

Regulation

of

Private

Employment

Agencies (PEAs). – The DOLE shall, through a system of

licensing

and

regulation,

ensure

the

protection

of

domestic workers hired through the PEAs.

The PEA shall be jointly and severally liable with the

employer for all the wages, wage-related benefits, and

other benefits due a domestic worker.

The provision of Presidential Decree No. 442, as

amended, otherwise known as the "Labor Code of the

Philippines", on qualifications of the PEAs with regard to

nationality, net worth, owners and officers, office space

and other requirements, as well as non-transferability of

license and commission of prohibited practices, shall

apply.

In

addition,

PEAs

shall

have

the

following

responsibilities:

© Compiled By RGL

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