Article 169Labor and Agrarian Laws and Social Legislation, p. 169

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

(a) Ensure that domestic workers are not charged or

levied any recruitment or placement fees;

(b) Ensure that the employment agreement between

the domestic worker and the employer stipulates the

terms and conditions of employment and all the benefits

prescribed by this Act;

(c) Provide a pre-employment orientation briefing to

the domestic worker and the employer about their rights

and responsibilities in accordance with this Act;

(d)

Keep

copies

of

employment

contracts

and

agreements pertaining to recruited domestic workers

which shall be made available during inspections or

whenever required by the DOLE or local government

officials;

(e)

Assist

domestic

workers

with

respect

to

complaints or grievances against their employers; and

(f) Cooperate with government agencies in rescue

operations

involving

abused

or

exploited

domestic

workers.

ARTICLE VII SETTLEMENT OF DISPUTES

Section 37. Mechanism for Settlement of Disputes. –

All labor-related disputes shall be elevated to the DOLE

Regional Office having jurisdiction over the workplace

without prejudice to the filing of a civil or criminal action

in appropriate cases. The DOLE Regional Office shall

exhaust all conciliation and mediation efforts before a

decision shall be rendered.

Ordinary crimes or offenses committed under the

Revised Penal Code and other special penal laws by

either party shall be filed with the regular courts.

ARTICLE VIII SPECIAL PROVISIONS

Section 38. Information Program. – The DOLE shall,

in coordination with the DILG, the SSS, the PhilHealth and

Pag-IBIG

develop

and

implement

a

continuous

information dissemination program on the provisions of

this Act, both at the national and local level, immediately

after the enactment of this law.

Section 39. "Araw Ng Mga Kasambahay". – The date

upon which the President shall approve this "Domestic

Workers Act" shall be designated as the "Araw ng mga

Kasambahay".

ARTICLE IX PENAL AND MISCELLANEOUS

PROVISIONS

Section 40. Penalty. – Any violation of the provisions

of this Act declared unlawful shall be punishable with a

fine of not less than Ten thousand pesos (P10,000.00) but

not

more

than

Forty

thousand

pesos

(P40,000.00)

without prejudice to the filing of appropriate civil or

criminal action by the aggrieved party.

Section 41. Transitory Provision; Non-Diminution of

Benefits. – All existing arrangements between a domestic

worker and the employer shall be adjusted to conform to

the minimum standards set by this Act within a period of

sixty (60) days after the effectivity of this Act: Provided,

That adjustments pertaining to wages shall take effect

immediately after the determination and issuance of the

appropriate wage order by the RTWPBs: Provided, further,

That nothing in this Act shall be construed to cause the

diminution or substitution of any benefits and privileges

currently enjoyed by the domestic worker hired directly

or through an agency.

Section 42. Implementing Rules and Regulations. –

Within ninety (90) days from the effectivity of this Act, the

Secretary of Labor and Employment, the Secretary of

Social Welfare and Development, the Secretary of the

Interior and Local Government, and the Director General

of the Philippine National Police, in coordination with

other concerned government agencies and accredited

non-government

organizations

(NGOs)

assisting

domestic workers, shall promulgate the necessary rules

and regulations for the effective implementation of this

Act.

ARTICLE X FINAL PROVISIONS

Section 43. Separability Clause. – If any provision or

part of this Act is declared invalid or unconstitutional, the

remaining parts or provisions not affected shall remain in

full force and effect.

Section

44.

Repealing

Clause.

–

All

articles

or

provisions of Chapter III (Employment of Househelpers) of

Presidential

Decree

No.

442,

as

amended

and

renumbered

by

Republic

Act

No.

10151

are

hereby

expressly repealed. All laws, decrees, executive orders,

issuances,

rules

and

regulations

or

parts

thereof

inconsistent with the provisions of this Act are hereby

repealed or modified accordingly.

Section 45. Effectivity Clause. – This Act shall take

effect fifteen (15) days after its complete publication in the

Official Gazette or in at least two (2) national newspapers

of general circulation.

© Compiled By RGL

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