Anti-Age Discrimination in Employment Law - Imprisonment of not less than 3 months but not more
Republic Act 10911 than 2 years
1. Who are covered?
All employers, labor contractors or subcontractors, labor
organizations, and publishers.
2. What are the prohibited acts?
Employer
- Print or publish, or cause to be printed or published, in
any form of media, including the internet, any notice of
advertisement relating to employment suggesting
preferences, limitations, specifications, and discrimination
based on age;
- Require the declaration of age or birth date during the
application process;
- Decline any employment application because of the
individuals age;
- Discriminate against an individual in terms of
compensation, terms and conditions or privileges of
employment on account of such individuals age;
- Deny any employees or workers promotion or
opportunity for training because of age;
- Forcibly lay off an employee or worker because of old
age; or
- Impose early retirement on the basis of such employees
or workers age.
Labor Contractor or Subcontractor
- Refuse to refer for employment or otherwise discriminate
against any individual because of such persons age
Labor Organization
- Deny membership to any individual because of such
individuals age;
- Exclude from its membership any individual because of
such individuals age; or
- Cause or attempt to cause an employer to discriminate
against an individual
Publisher
- Print or publish any notice of advertisement relating to
employment suggesting preferences, limitations,
specifications, and discrimination based on age.
3. Are there exceptions to the prohibition on age
limitation?
Age is a bona fide occupational qualification
- Age is a bona fide occupational qualification reasonably
necessary in the normal operation of a particular business
or where the differentiation is based on reasonable factors
other than age;
Bona fide seniority system
- The intent is to observe the terms of a bona fide seniority
system that is not indicated to evade the purpose of this
Act
Bona fide employee retirement or a voluntary early
retirement plan
- The intent is to observe the terms of a bona fide
employee retirement or a voluntary early retirement plan
consistent with the purpose of this Act: Provided, That
such retirement or voluntary retirement plan is in
accordance with the Labor Code, as amended, and other
related laws
The action is duly certified by the Secretary of Labor and
Employment
4. What are the penalties?
At the discretion of the court
- Fine of P50,000.00 but not more than P500,000.00
- If the offense is committed by a corporation, trust, firm,
partnership or association or other entity, the penalty shall
be imposed upon the guilty officer or officers of such
corporation, trust, firm, partnership or association or
entity.
5. Which agency will implement the Anti-Age
Discrimination Bill?
The Department of Labor and Employment (DOLE) shall
have the authority to investigate and require the keeping
of records necessary for the administration of this Act. The
Secretary of Labor and Employment shall formulate the
necessary Implementing Rules and Regulations (IRR)
within 90 days from effectivity of the law.
MATERNITY BENEFITS UNDER SSS
- The maternity benefit is a daily cash allowance
granted to a female member who was unable to work due
to childbirth or miscarriage.
Qualifying conditions:
The maternity benefit is offered only to female SSS
members. A member is qualified to avail of this benefit if:
1. She has paid at least three monthly contributions
within the 12-month period immediately
preceding the semester of her childbirth or
miscarriage.
2. She has given the required notification of her
pregnancy to SSS through her employer if
employed; or submitted the maternity notification
directly to the SSS if separated from employment,
a voluntary or self-employed member.
Application:
A. Notification Procedures
For Employees and Employers:
As soon as a member becomes pregnant, she must
immediately notify her employer of such pregnancy and
the probable date of her childbirth at least 60 days from
the date of conception by accomplishing the SSS
Maternity Notification Form and by submitting proof of
pregnancy.
The employer must, in turn, notify the SSS through the
submission of the maternity notification form and proof of
pregnancy immediately after the receipt of the notification
from the employee member.
Notification may be made over the counter at an SSS
branch, or online through the SSS Website
(www.sss.gov.ph), in which the member/employer must be
a registered user.
For Unemployed, Self-employed and Voluntary
Members:
Unemployed, self-employed or voluntary paying members
should notify the SSS directly.
Effects of failure or delay in notification
If the employee fails to notify the employer, or the SSS, in
the case of an unemployed, self-employed or voluntarily
paying member, the maternity benefit application may be
denied.
Application Requirements
a. For Notification
For Employee , Unemployed/Self-
Employed/Voluntary members
Maternity Notification Form
UMID or SSS biometrics ID card or two (2)
other valid IDs, both with signature and at
least one (1) with photo and date of birth
Proof of pregnancy (ultrasound report)
For Reimbursement
For Employed Members
Maternity Notification Form duly stamped and
received by SSS
Maternity Reimbursement Form
UMID or SSS biometrics ID card or two (2)
other valid IDs, both with signature and at
least one (1) with photo and date of birth
To ensure receipt of benefits by members, authorized
company representatives who file maternity benefit claim
must present the member's SSS digitized ID or E-6
acknowledgement stub with two valid IDs (at least one
with photo). This requirement is in addition to the
presentation by the company representative's own SSS
digitized ID and blue-card.
For Separated Members
Maternity Reimbursement Form
Certification from last employer showing
the effective date of separation from
employment or notice of company's
closure/strike or certification from the
Department of Labor and Employment that
the employee or employer has a pending
labor case.
Certification that no advance payment was granted (if
confinement days applied for are within or prior to
separation).
UMID or SSS biometrics ID card or two (2) other valid
IDs, both with signature and at least one (1) with photo
and date of birth
For Self-Employed/Voluntary
Members
Maternity Notification Form duly stamped and
received by SSS
Maternity Reimbursement Form
UMID or SSS biometrics ID card or two (2) other valid
IDs, both with signature and at least one (1) with
photo and date of birth
Additional Requirements
Normal delivery - certified true
or authenticated copy of duly registered birth
certificate. In case the child dies or is a
stillborn, duly registered death or fetal death
certificate.
Caesarean delivery - certified or authenticated
copy of duly registered birth certificate and
certified true copy of operating room
record/surgical memorandum.
Miscarriage or abortion -
obstetrical history stating the number of
pregnancy certified by the attending physician
and dilatation and curettage (D&C) report for
incomplete abortion, pregnancy test before and
after abortion with age of gestation and
hystopath report for complete abortion.
C. Filing Procedure
Claims may be filed at the nearest SSS office. However,
processing will be done at the branch where the employer
and employee records are based. You can also watch our
How-To video for a more detailed instruction.
The maternity benefit shall be paid only for the first four
(4) deliveries or miscarriages starting May 24, 1997 when
the Social Security Act of 1997 (RA 8282) took effect.
Benefit Computation
- The maternity benefit is equivalent to 100 per cent of the
member's average daily salary credit multiplied by 60
days for normal delivery or miscarriage, 78 days for
caesarean section delivery.
Benefit Computation:
1. Exclude the semester of contingency (delivery or
miscarriage).
A semester refers to two consecutive quarters
ending in the quarter of sickness.
A quarter refers to three consecutive months
ending March, June, September or December.
2. Count 12 months backwards starting from the
month immediately before the semester of
contingency.
3. Identify the six highest monthly salary credits
within the 12-month period.
Monthly salary credit salary credit means the
compensation base for contributions and benefits related
to the total earnings for the month. (The maximum
covered earnings or compensation is P16,000 effective
January 1, 2014).
1. Add the six highest monthly salary credits to get
the total monthly salary credit.
2. Divide the total monthly salary credit by 180 days
to get the average daily salary credit. This is
equivalent to the daily maternity allowance.
3. Multiply the daily maternity allowance by 60 (for
normal delivery or miscarriage) or 78 days (for
caesarean section delivery) to get the total
amount of maternity benefit.
For example, let us say that an SSS member gives birth
in December 2013.
a. The semester of contingency would be
from July 2013 to December 2013.
b. The 12-month period before the
semester of contingency would be from
July 2012 to June 2013.
c. Let us assume that the six highest
monthly salary credits are P15,000 each.
Thus, the total monthly salary credit
would be P90,000 (P15, 000 x 6).
d. The daily maternity allowance would be
P500 (P90,000/180).
e. The total maternity benefit due
would be P30,000 (P500 x 60 days)
for normal
delivery/miscarriage/ectopic
pregnancy not requiring operation,
or P39,000 (P500 x 78) for caesarian
cases or ectopic pregnancy
requiring operation.
IMPORTANT!
The maternity benefit shall be paid only for the
first four (4) deliveries or miscarriages starting
May 24, 1997 when the Social Security Act of
1997 (RA8282) took effect.
For employed members, the benefit is
advanced by the employer to the qualified
employee, in full, within 30 days from the date of
filing of the maternity leave application. The SSS,
in turn, shall immediately reimburse the employer
100 percent of the amount of maternity benefit
advanced to the female employee upon receipt of
satisfactory proof of such payment and legality
thereof.
If the employee member gives birth or suffers miscarriage
without the required contributions having been remitted
by the employer, or the employer fails to notify the SSS,
the employer will be required to pay to the SSS damages
equivalent to the benefits the employee would otherwise
have been entitled to.
For separated/voluntary/self-employed
members, the amount of benefit is paid directly to them
by the SSS.
 A female member cannot claim for sickness
benefit for a period of 60 days for normal
delivery or miscarriage or 78 days for caesarean
delivery within which she has been paid the
maternity benefit. As a rule, no member can be
entitled to two benefits for the same period.
 REPUBLIC ACT NO. 10151
AN ACT ALLOWING THE EMPLOYMENT OF NIGHT
WORKERS, THEREBY REPEALING ARTICLES 130 AND
131 OF PRESIDENTIAL DECREE NUMBER FOUR
HUNDRED FORTY-TWO, AS AMENDED, OTHERWISE
KNOWN AS THE LABOR CODE OF THE PHILIPPINES
Be it enacted by the Senate and House of Representatives
of the Philippines in Congress assembled:
SECTION 1. Article 130 of the Labor Code is hereby
repealed.
SEC. 2. Article 131 of the Labor Code is hereby repealed.
SEC. 3. The subsequent articles in Boot Three, Title III,
Chapter I to Chapter IV of Presidential Decree No. 442 are
hereby renumbered accordingly.
SEC. 4. A new chapter is hereby inserted after Book Three,
Title III of Presidential Decree No. 442, to read as follows:
Chapter V
Employment of Night Workers
Art. 154. Coverage. This chapter shall apply to all
persons, who shall be employed or permitted or suffered
to work at night, except those employed in agriculture,
stock raising, fishing, maritime transport and inland
navigation, during a period of not less than seven (7)
consecutive hours, including the interval from midnight to
five oclock in the morning, to be determined by the
Secretary of Labor and Employment, after consulting the
workers representatives/labor organizations and
employers.
Night worker means any employed person whose work
requires performance of a substantial number of hours of
night work which exceeds a specified limit. This limit shall
be fixed by the Secretary of Labor after consulting the
workers representatives/labor organizations and
employers.
Art. 155. Health Assessment, At their request, workers
shall have the right to undergo a health assessment
without charge and to receive advice on how to reduce or
avoid health problems associated with their work:
(a) Before taking up an assignment as a night worker;
(b) At regular intervals during such an assignment; and
(c) If they experience health problems during such an
assignment which are not caused by factors other than the
performance of night work.
With the exception of a finding of unfitness for night
work, the findings of such assessments shall not be
transmitted to others without the workers consent and
shall not be used to their detriment.
Art. 156. Mandatory Facilities. Suitable first-aid facilities
shall be made available for workers performing night work,
including arrangements where such workers, where
necessary, can be taken immediately to a place for
appropriate treatment. The employers are likewise
required to provide safe and healthful working conditions
and adequate or reasonable facilities such as sleeping or
resting quarters in the establishment and transportation
from the work premises to the nearest point of their
residence subject to exceptions and guidelines to be
provided by the DOLE.
Art. 157. Transfer. Night workers who are certified as
unfit for night work, due to health reasons, shall be
transferred, whenever practicable, to a similar job for
which they are fit to work.
If such transfer to a similar job is not practicable, these
workers shall be granted the same benefits as other
workers who are unable to work, or to secure employment
during such period.
A night worker certified as temporarily unfit for night work
shall be given the same protection against dismissal or
notice of dismissal as other workers who are prevented
from working for reasons of health.
Art. 158. Women Night Workers. Measures shall be
taken to ensure that an alternative to night work is
available to women workers who would otherwise be
called upon to perform such work:
(a) Before and after childbirth, for a period of at least
sixteen (16) weeks, which shall be divided between the
time before and after childbirth;
(b) For additional periods, in respect of which a medical
certificate is produced stating that said additional periods
are necessary for the health of the mother or child:
(1) During pregnancy;
(2) During a specified time beyond the period, after
childbirth is fixed pursuant to subparagraph (a) above, the
length of which shall be determined by the DOLE after
consulting the labor organizations and employers.
During the periods referred to in this article:
(i) A woman worker shall not be dismissed or given notice
of dismissal, except for just or authorised causes provided
for in this Code that are not connected with pregnancy,
childbirth and childcare responsibilities.
(ii) A woman worker shall not lose the benefits regarding
her status, seniority, and access to promotion which may
attach to her regular night work position.
Pregnant women and nursing mothers may he allowed to
work at night only if a competent physician, other than the
company physician, shall certify their fitness to render
night work, and specify, in the ease of pregnant
employees, the period of the pregnancy that they can
safely work.
The measures referred to in this article may include
transfer to day work where this is possible, the provision of
social security benefits or an extension of maternity leave.
The provisions of this article shall not have the effect of
reducing the protection and benefits connected with
maternity leave under existing laws.
Art. 159. Compensation. The compensation for night
workers in the form of working time, pay or similar
benefits shall recognize the exceptional nature of night
work.
Art. 160. Social Services.Appropriate social services
shall be provided for night workers and, where necessary,
for workers performing night work.
Art. 161. Night Work Schedules. Before introducing
work schedules requiring the services of night workers, the
employer shall consult the workers representatives/labor
organizations concerned on the details of such schedules
and the forms of organization of night work that are best
adapted to the establishment and its personnel, as well as
on the occupational health measures and social services
which are required. In establishments employing night
workers, consultation shall take place regularly.
SEC. 5. The subsequent articles starting from Book Four,
Title I, Chapter I of Presidential Decree No. 442 are hereby
renumbered accordingly.
SEC. 6. Application. The measures referred to in this
chapter shall be applied not later than six (G) months from
the effectivity of this Act.
SEC. 7. Guidelines. The DOLE shah promulgate
appropriate regulations in addition to existing ones to
ensure protection, safety and welfare of night workers.
SEC. 8. Penalties. Any violation of this Act, and the rules
and regulations issued pursuant hereof shall be punished
with a fine of not less than Thirty thousand pesos
(P30,000.00) nor more than Fifty thousand pesos
(P50,000.00) or imprisonment of not less than six (6)
months, or both, at the discretion of the court. If the
offense is committed by a corporation, trust, firm,
partnership or association, or other entity, the penalty
shall be imposed upon the guilty officer or officers of such
corporation, trust, firm, partnership or association, or
entity.
 Occupational Health And Conditions Of Womens
Work
It is necessary for a working woman to balance her career
and family responsibilities. This may be insurmountable
given the conflicting demands of both, thus, a safe
working environment and access to essential services is
essential.
The Magna Carta of Women provides for mechanisms to
offset gender-based disadvantages or limitations of
women, as a result of which women are denied or
restricted in their rights and in their access to and
enjoyment of opportunities, benefits, or privileges.
Recognizing the foregoing principle, the Magna Carta of
Women and its implementing rules and regulations (IRR)
provide that the Department of Labor and Employment
(DOLE) and Civil Service Commission (CSC), for the private
and public sector, respectively, are mandated to provide
family health services. These include, but are not limited
to, (1) day care and child minding centers, (2)
breastfeeding or lactation stations with appropriate
facilities and corresponding nursing/lactation breaks, (3)
health education, (4) counselling on breastfeeding, (5)
seminars on responsible parenthood and family planning,
(6) non-sexist child-rearing, (7) shared parenting and
family responsibility, (8) annual family day and (9) flexible
work arrangements.
To ensure compliance therewith, government agencies and
private employers shall be monitored by the CSC and
DOLE, respectively. In establishing the required facilities,
the Local Government Units (LGUs) shall make compliance
thereof a pre-requisite in the grant of any form of building
and business permit.
Women Night Workers
Consistent with giving women equal access to
employment opportunities, the night work prohibition in
the Labor Code of the Philippines was repealed by
Republic Act No. 10151 (An Act Allowing Employment of
Night Workers Thereby Repealing Articles 130 and 131 of
the Labor Code) which provides the terms and conditions
for the employment of women night workers.
Notably, night workers are those whose work covers the
period from 10 p.m. to 6 a.m. the following morning,
provided, that the worker performs no less than seven (7)
consecutive hours of work. Pregnant or nursing women
night workers are given the added privilege, as far as
practicable, to be assigned to day work, before and after
childbirth for a period of at least sixteen (16) weeks which
shall be divided between the time before and after
childbirth. Where transfer to day work is not possible, a
woman employee may be allowed to extend her maternity
leave without pay or to use earned leave credits.
Duration Of Maternity Leaves
The Philippines minimum maternity benefits are limited to
sixty (60) calendar days of paid leaves for normal delivery
and seventy-eight (78) paid leaves for caesarian delivery
based on the employees average daily salary credit as
prescribed by the guidelines of the Social Security System
(SSS). A careful examination of the countrys maternity
benefits would show that it provides for less compared to
the 2000 International Labor Organization (ILO) Maternity
Protection Convention No. 183, which the Philippines has
yet to ratify. In the said ILO Convention, a woman is
entitled to a period of maternity leave of not less than
fourteen (14) weeks or ninety-eight (98) days. By far, the
Philippines lags far behind with the global standards.
Leave Benefits
Special Leave Benefits (2 Months)
Aside from the maternity leave benefits, the Magna Carta
of Women provides for special leave benefits (SLB) to
female employees who underwent surgery caused by
gynecological disorders, not limited to, dilatation and
curettage and those involving female reproductive organs,
as certified by a competent physician. Further, in DOLE
Department Order No. 112-A, it was clarified that the
benefit consists of two (2) months paid leaves based on
gross monthly compensation (salary plus allowances).To
be eligible, the availing female employee should have
rendered at least six (6) months continuous aggregate
employment service for the last twelve (12) months prior
to surgery. The benefit can only be availed of for a
maximum period of two (2) months per year. The benefit
cannot be taken from existing statutory leaves, as it is
considered in addition to leave benefits granted under
existing laws. Where the woman employee undergoes
surgery due to gynaecological disorder during her
maternity leave, she is entitled only to the difference
between the SLB and maternity leave. In the event that an
extended leave is necessary, the female employee may
use her earned leave credits.
Battered Woman Leave (10 Days)
R.A. No. 9262 (Anti Violence against Women and Children
Act of 2004) entitles women who are victims of violence
whether physical, sexual or psychological to an additional
paid leaves of up to ten (10) days. The leave benefit shall
cover the days that the woman employee has to attend to
medical and legal concerns. The leave may be extended,
without pay, when the necessity arises as specified in the
protection order.
- A requirement to apply for the battered woman leave is a
certification obtained from the Barangay Captain or
Kagawad or prosecutor or the clerk of court that an action
based on R. A. 9262 has been filed and is pending. The use
of the ten-day leave is at the option of the woman
employee. It shall be used for the days that she need to
attend to medical and legal concerns. Leaves not availed
of are non-cumulative and not convertible to cash. Indeed,
the battered woman leave is useful for women as victims
of violence. Lastly, this law is only applicable in the
Philippines.
Solo Parent Leave (7 Days)
For women who are solo parents as defined in the law, R.A.
No. 8972 (The Solo Parents Welfare Act of 2000) grants
seven (7) working days every year to any solo parent
employee who has rendered service for at least one (1)
year.
Sexual Harassment In The Workplace
In general, economic abuse, physical, sexual or
psychological harassment of women is covered by R.A. No.
9262 (Anti-Violence Against Women and Children Act of
2004). However, for purposes of sexual harassment in the
workplace, in which male employees are equally
protected, R.A. 7877 (Anti-Sexual Harassment Act of
1995) provides for a broader definition of work-related
sexual harassment. As held in Philippine Aeolus Auto-
Motive United Corporation et al., v. National Labor
Relations Commission et al., the gravamen of the offense
in sexual harassment is not the violation of the employee's
sexuality but the abuse of power by the employer.Thus,
work-related sexual harassment is committed by an
employer, employee, manager, supervisor, or any other
person who, having authority, influence or moral
ascendancy over another in a work environment,
demands, requests or otherwise requires any sexual favor
from the other, regardless of whether the demand, request
or requirement for submission is accepted. It is also
committed when the sexual favor is made as a condition
which may affect ones employment or the refusal to grant
the sexual favor would have adverse results. The law also
considers that there exists work-related sexual
harassment when the above mentioned acts would result
in an intimidating, hostile, or offensive environment for the
employee.
R.A. No. 7877 (Anti-Sexual Harassment Act of
1995) requires the employer to prevent or deter the
commission of acts of sexual harassment and to provide
the procedures for the resolution, settlement or
prosecution of acts of sexual harassment. Towards this
end, the employer shall: (1) promulgate appropriate rules
and regulations in consultation with and jointly approved
by the employees, through their duly designated
representatives, prescribing the procedure for the
investigation of sexual harassment cases and the
administrative sanctions and, (2) create a committee on
decorum and investigation of cases on sexual harassment.
The committee shall be composed of at least one (1)
representative each from the management, the union, if
any, the employees from the supervisory rank, and from
the rank and file employees. In the event that the
employer is informed of such acts by the offended party
and no immediate action is taken, the employer shall be
solidarily liable for damages.
Non-Discrimination/Equal Remuneration For Work
Of Equal Value
Central to the protection given to women is the prohibition
of discrimination in any of its forms. R.A. No. 6725 (An Act
Strengthening the Prohibition on Discrimination Against
Women with Respect to Terms and Conditions of
Employment, Amending for the Purpose Article One
Hundred Thirty Five of the Labor Code), which amended
Article 135 (Discrimination Prohibited) of the Labor Code,
strengthened the prohibition on discrimination against
women by attaching criminal liability for wilful commission
of unlawful acts of discrimination against women, which
include, but not limited to the following: (a) payment of a
lesser compensation to a female employee as against a
male employee, for work of equal value; and (b) favoring a
male employee over a female employee with respect to
promotion, training opportunities, study and scholarship
grants solely on account of their sexes.
Also, Article 136 (Stipulation Against
Marriage) declares as unlawful to require as a condition
of employment or continuation of employment that a
woman employee shall not get married, to dismiss or to
prejudice a female employee who contracts marriage.
Moreover, Article 137 (Prohibited Acts) makes it
unlawful to deny or to discharge any woman employee for
the purpose of preventing her from enjoying the benefits
provided for in the law.
In closing, the Decent Work Country Profile The
Philippines, which was issued in October 2012 by the ILO,
noted that the various pieces of legislation enacted to
promote the interests of women at work have led to a
growing share of women in total employment and in non-
agricultural wage employment. However, an overriding
point of concern of the study is that womens average
daily basic pay is lower than that of men because these
women may be occupying lower-ranking positions. The
study noted that in 2010, women service and sales
workers were paid an average daily basic pay that is 35.7
percent lower than their men counterparts. While
legislation may have provided minimum protection to
women, such does not automatically equate to a better
quality of womens qualifications and her working terms,
standards and conditions. Thus, while the groundwork has
been laid, empowering women in the workplace is still, in
more ways than one, a work in progress.
Paternity leave refers to the benefits granted to a
married male employee in the private and public sectors
allowing him to take a leave for 7 days, with full pay, for
the first 4 deliveries of his legitimate spouse with whom he
is cohabiting.
Republic Act No. 8187, also known as the Paternity Leave
Act of 1996, grants paternity leave of seven days with full
pay to all married male employees in the private and
public sectors to enable the married male employee to
effectively lend support and assistance to his wife in her
period of recovery and in the nursing of their newly born
child.
Paternity Leave Act of 1996
AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7)
DAYS WITH FULLPAY TO ALL MARRIED EMPLOYEES
IN THE PRIVATE AND PUBLIC SECTORS FOR THE
FIRST FOUR (4) DELIVERIES OF THE LEGITIMATE
SPOUSE WITH WHOM HE IS COHABITING AND FOR
OTHER PURPOSES
SECTION 1. Short Title. - This Act shall be known as the
"Paternity Leave Act of 1996".
SECTION 2. Notwithstanding any law, rules and
regulations to the contrary, every married male employee
in the private and public sectors shall be entitled to a
paternity leave of seven (7) days with full pay for the first
four (4) deliveries of the legitimate spouse with whom he
is cohabiting. The male employee applying for paternity
leave shall notify his employer of the pregnancy of his
legitimate spouse and the expected date of such delivery.
For purposes, of this Act, delivery shall include childbirth
or any miscarriage.
SECTION 3. Definition of Term. - For purposes of this
Act, Paternity Leave refers to the benefits granted to a
married male employee allowing him not to report for
work for seven (7) days but continues to earn the
compensation therefor, on the condition that his spouse
has delivered a child or suffered a miscarriage for
purposes of enabling him to effectively lend
support to his wife in her period of recovery and/or in the
nursing of the newly-born child.
SECTION 4. The Secretary of Labor and Employment, the
Chairman of the Civil Service Commission and the
Secretary of Health shall, within thirty (30) days from the
effectivity of this Act, issue such rules and regulations
necessary for the proper implementation of the provisions
hereof.
SECTION 5. Any person, corporation, trust, firm,
partnership, association or entity found violating this Act
or the rules and regulations promulgated thereunder shall
be punished by a fine not exceeding Twenty-five thousand
pesos (P25,000) or imprisonment of not less than thirty
(30)days nor more than six (6) months.
If the violation is committed by a corporation, trust or
firm, partnership, association or any other entity, the
penalty of imprisonment shall be imposed on the entity's
responsible officers, including, but not limited to, the
president, vice-president, chief executive officer, general
manager, managing director or partner directly
responsible therefor.
SECTION 6. Nondiminution Clause. - Nothing in this
Act shall be construed to reduce any existing benefits of
any form granted under existing laws, decrees, executive
orders, or any
contract agreement or policy between employer and
employee.
 [REPUBLIC ACT NO. 10361]
AN ACT INSTITUTING POLICIES FOR THE
PROTECTION
AND WELFARE OF DOMESTIC WORKERS
ARTICLE I: GENERAL PROVISIONS
SECTION 1. Short Title. This Act shall be known as the
Domestic Workers Act or Batas Kasambahay.
SEC. 2. Declaration of Policies. It is hereby declared that:
(a) The State strongly affirms labor as a primary social
force and is committed to respect, promote, protect and
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.
SEC. 3. Coverage. This Act applies to all domestic
workers employed and working within the country.
SEC. 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
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 employers 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.
ARTICLE III: PRE-EMPLOYMENT
SEC. 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
employers on the use of such model employment contract.
In cases where the employment of the domestic worker is
facilitated through a private employment agency, the PEA
shall keep a copy of all employment contracts of domestic
workers and shall be made available for verification and
inspection by the DOLE.
SEC. 12. Pre-Employment Requirement. Prior to the
execution of the employment contract, the employer may
require the following from the domestic worker:
(a) Medical certificate or a health certificate issued by a
local government health officer;
(b) Barangay and police clearance;
(c) National Bureau of Investigation (NBI) clearance; and
(d) Duly authenticated birth certificate or if not available,
any other document showing the age of the domestic
worker such as voters identification card, baptismal
record or passport.
However, Section 12(a), (b), (c) and (d) shall be standard
requirements when the employment of the domestic
worker is facilitated through the PEA.
The cost of the foregoing shall be borne by the prospective
employer or agency, as the case may be.
SEC. 13. Recruitment and Finders Fees. Regardless of
whether the domestic worker was hired through a private
employment agency or a third party, no share in the
recruitment or finders fees shall be charged against the
domestic worker by the said private employment agency
or third party.
SEC. 14. Deposits for Loss or Damage. It shall be
unlawful for the employer or any other person to require a
domestic worker to make deposits from which deductions
shall be made for the reimbursement of loss or damage to
tools, materials, furniture and equipment in the household.
SEC. 15. Prohibition on Debt Bondage. It shall be
unlawful for the employer or any person acting on behalf
of the employer to place the domestic worker under debt
bondage.
SEC. 16. Employment Age of Domestic Workers. It shall
be unlawful to employ any person below fifteen (15) years
of age as a domestic worker. Employment of working
children, as defined under this Act, shall be subject to the
provisionsof Section 10(A), paragraph 2 of Section 12-A,
paragraph 4 of Section 12-D, and Section 13 of Republic
Act No. 7610, as amended, otherwise known as the
Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act.
Working children shall be entitled to minimum wage, and
all benefits provided under this Act.
Any employer who has been sentenced by a court of law
of any offense against a working child under this Act shall
be meted out with a penalty one degree higher and shall
be prohibited from hiring a working child.
SEC. 17. Employers Reportorial Duties. The employers
shall register all domestic workers under their employment
in the Registry of Domestic Workers in the barangay where
the employers residence is located. The Department of
the Interior and Local Government (DILG) shall, in
coordination with the DOLE, formulate a registration
system for this purpose.
SEC. 18. Skills Training, Assessment and Certification. To
ensure productivity and assure quality services, the DOLE,
through the Technical Education and Skills Development
Authority (TESDA), shall facilitate access of domestic
workers to efficient training, assessment and certification
based on a duly promulgated training regulation.
ARTICLE IV: EMPLOYMENT TERMS AND CONDITIONS
SEC. 19. Health and Safety. The employer shall safeguard
the health and safety of the domestic worker in
accordance with laws, rules and regulations, with due
consideration of the peculiar nature of domestic work.
SEC. 20. Daily Rest Period. The domestic worker shall be
entitled to an aggregate daily rest period of eight (8) hours
per day.
SEC. 21. Weekly Rest Period. The domestic worker shall
be entitled to at least twenty-four (24) consecutive hours
of rest in a week. The employer and the domestic worker
shall agree in writing on the schedule of the weekly rest
day of the domestic worker: Provided, That the employer
shall respect the preference of the domestic worker as to
the weekly rest day when such preference is based on
religious grounds. Nothing in this provision shall deprive
the domestic worker and the employer from agreeing to
the following:
(a) Offsetting a day of absence with a particular rest day;
(b) Waiving a particular rest day in return for an equivalent
daily rate of pay;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.
SEC. 22. Assignment to Nonhousehold Work. No
domestic worker shall be assigned 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. 23. Extent of Duty. The domestic worker and the
employer may mutually agree for the former to
temporarily perform a task that is outside the latters
household for the benefit of another household. However,
any liability that will be incurred by the domestic worker
on account of such arrangement shall be borne by the
original employer. In addition, such work performed
outside the household shall entitle the domestic worker to
an additional payment of not less than the existing
minimum wage rate of a domestic worker. It shall be
unlawful for the original employer to charge any amount
from the said household where the service of the domestic
worker was temporarily performed.
SEC 24. Minimum Wage. The minimum wage of domestic
workers shall not be less than the following:
(a) Two thousand five hundred pesos (P2,500.00) a month
for those employed in the National Capital Region (NCR);
(b) Two thousand pesos (P2,000.00) a month for those
employed in chartered cities and first class municipalities;
and
(c) One thousand five hundred pesos (P1,500.00) a month
for those employed in other municipalities.
After one (1) year from the effectivity of this Act, and
periodically thereafter, the Regional Tripartite and
Productivity Wage Boards (RTPWBs) shall review, and if
proper, determine and adjust the minimum wage rates of
domestic workers.
SEC 25. Payment of Wages. Payment of wages shall be
made on time directly to the domestic worker to whom
they are due in cash at least once a month. The employer,
unless allowed by the domestic worker through a written
consent, shall make no deductions from the wages other
than that which is mandated by law. No employer shall
pay the wages of a domestic worker by means of
promissory notes, vouchers, coupons, tokens, tickets,
chits, or any object other than the cash wage as provided
for under this Act.
The domestic worker is entitled to a thirteenth month pay
as provided for by law.
SEC. 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.
SEC. 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
latters 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.
SEC 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.
SEC. 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.
SEC. 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.
SEC. 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
SEC. 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 workers
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.
SEC. 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.
SEC. 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 formers 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 employers 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.
SEC. 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
SEC. 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,
networth, owners and officers, office space and other
requirements, as well as nontransferability of license and
commission of prohibited practices, shall apply.
In addition, PEAs shall have the following responsibilities:
(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
SEC. 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
SEC. 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.
SEC. 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
SEC. 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.
SEC. 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.
SEC. 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
nongovernment organizations (NGOs) assisting domestic
workers, shall promulgate the necessary rules and
regulations for the effective implementation of this Act.