Labor Relations Kasambahay Law Report.docx

POST EMPLOYMENT When the employment relation can be terminated?

If there is just cause – the domestic worker or the employer can terminate the employment relations anytime. If there is no just cause – the domestic worker of the employer can terminate the employment relations: a) At the end of the stipulated period; or b) If no stipulated period – by giving 5 days advance notice. Effect of termination without notice or before the stipulation period If the stipulated period or the 5-day advance notice is observed, the following are the consequences: a) He forfeits any unpaid salary equivalent to 15 days; and b) He is liable for the deployment expenses, if the termination is done within six (6) months from hiring.

On the part of the employer He is liable for indemnity in an amount equivalent to 15 days pay.1 The just causes for termination of employment by the domestic worker The domestic worker may validly terminate the employment relationship at any time 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.2 The just causes for termination of employment by the employer The employer can terminate the services of the domestic worker 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;

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Sec. 32, Domestic Worker Act Sec. 33, ibid.

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.3 Certificate of Employment 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.4

PRIVATE EMPLOYMENT AGENCIES

Liability of private employment agencies Private employment agencies are jointly and severally liable with the employer for all the wages, and other benefits due a domestic worker.5 Responsibility of private employment agencies The responsibilities of private employment agencies are the following: 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.6

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Sec. 34, ibid. Sec. 35, ibid. 5 Sec. 36, ibid. 6 Sec. 36, ibid. 4

SETTLEMENT OF DISPUTES

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.7 SPECIAL PROVISIONS

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.8

Araw ng mga kasambahay January 18 (the date of approval of the law) has been designated as the “Araw ng mga kasambahay”.9 PENAL AND MISCELLANEOUS PROVISIONS Criminal Sanctions The performance of criminal acts will subject the offender to a fine not less than Ten thousand pesos (P10,000.00) but not more than Forty thousand pesos (P40,000).10

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.11

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.12

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Sec. 37, Ibid. Sec. 38, Ibid. 9 Sec. 39, Ibid. 10 Sec. 40, Ibid. 11 Sec. 41, Ibid. 12 Sec. 42, Ibid. 8