Article 147Indemnity for Unjust Termination of Services

If the period of household service is fixed, Sec. 30 (Social and Other Benefits) of R.A. No. 10361 requires that a domestic worker who has rendered at least one (1) month of service be covered by the SSS, PhilHealth, and HDMF or Pag-IBIG, and be entitled to all the benefits in accordance with the pertinent provisions provided by law. Sec.

22 (Assignment to Non-household Work) of R.A. No. 10361 provides the assignment of a domestic worker to work in a commercial, industrial or agricultural enterprise at a wage rate lower than that provided for agricultural or nonagricultural workers. In such cases, the domestic worker shall be paid the applicable minimum wage. Sec.

9 (Right to Education and Training) of R.A. No. 10361 provides that 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.

5 (Standard of Treatment) of RA No. 10361 prohibits the employer or any member of the household from subjecting a domestic worker or "kasambahay" to any kind of abuse nor inflicting 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) of R.A. No. 10361 requires the employer to 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. 32 (Termination of Service) of R.A.

No. 10361 provides: "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 23 of 159 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.