HOUSE OF KEPRI

FIFTEENTH CONGRESS
Second Regular Session

commitree REPORTNO. 2166_

Suommtes by the Comme pig Leas
ae Hovse Bil No BL EA

OGMAY 2012

ana Employment on

amending its approval in subsitut House Bills No. 454, 553, 729. 837”
7, 7815, 2400, 2559 3717 4277, 4477, 4753 4896, $289, and SB Ne

Te
Sponsors’ Reps Emit Ong. Acnaid M Cosalan, Juan C. Ponce-Enrite, Jr., aa

Juan Edgardo M Angara

on Labo: and Emptoyin:
454 introduced by Reps Juan
ar. Augusto Boboy Syuco, Pr
vador F, Cabaluna Ill, enutied

i which were referred House Bil! No
M. Angara, Rachel Marguente B. ce
arco R Guilas, Susan A. Yap, anc

“AN ACT
PROVIDING FOR ADDITIONAL BENEFITS AND PROTECTION
TO THE HOUSEHELPERS THEREBY AMENDING FOR THIS
PURPOSE ARTICLES 141, 142, 143, 148 AND 151 OF CHAPTER
Jl P.D. 442, AS AMENDED, OTHERWISE KNOWN AS "THE
LABOR CODE OF THE PHILIPPINES",

HE No S€3, introduced by Rep
o eres, antitied

vua> © Ponce Enrile, Jr, and Neri

AN ACT
INSTITUTING POLICIES GOVERNING THE HOUSEHOLD
EMPLOYMENT INDUSTRY, ESTABLISHING A STANDARD OF
PROTECTION AND PROMOTING THE WELFARE OF
HOUSEHOLD HELPERS,

Rodriguez. Maximo B. Rodriguez, Jr
Marguerite B. del Mar, ana Marcelino

are entitled



AN ACT

INSTITUTING REGULATORY POLICIES FOR THE HOUSEHOLD
EMPLOYMENT INDUSTRY, ESTABLISHING STANDARDS OF
PROTECTION AND PROMOTION OF THEIR WELFARE AND OF
THEIR FAMILIES, AMENDING FOR THE PURPOSE PERTINENT
PROVISIONS OF PRESIDENTIAL DECREE NO. 442,
OTHERWISE KNOWN AS THE LABOR CODE OF THE
PHILIPPINES AND FOR OTHER PURPOSES,

HB No. 837. introduced ey Reps. Jose Carlos L. Cari, Angela 8. Palmones. Rodel
Mt Betocabe, Alfredo B. Garb, Jr Albert Raymond S. Garcia, Rosenda Ann
Seampo, Emil t. Ong, Pedro B Acharon, Jr Danilo Ramon S. Femandez
wrencio ©. Garay. Raymond Demosrite C. Mendoza, Ronald M. Cosaian, Juan
gardd M. Angara Arturo B Robes. Emerenciana “Emmi A. de Jesus, Sonny
F Collantes. Romeo M Jalosjes. Jr. Seth Frederick P. Jalosios, and Salvador P
Cabatune 4i, entitled

AN ACT
INCREASING THE MINIMUM WAGE OF HOUSEHELPERS,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7655, AND
PROVIDING FOR THE MANDATORY COVERAGE OF
HOUSEHELPERS IN THE NATIONAL HEALTH INSURANCE
PROGRAM {NHIP) UNDER THE PHILIPPINE HEALTH
INSURANCE CORPORATION (PHILHEALTH),

HB No 1149. introduced by Reps. Diosdaaa JM Macapagal-Aroyo, Gloria M.
Macapagal-Arrcyo Juan Miguel “Mikey” Macapagal-Arroyo, Angelo B, Palmones.
Rosenda Ann Ocampo, Augusto Boboy Syjuco, Ph.D. Carol Jayne B. Lopez.
dor P. Cabaluza 1ll, entitiec

AN ACT
ESTABLISHING A MAGNA CARTA FOR THE KASAMBAHAY,
AMENDING FOR THIS PURPOSE, BOOK fil, ARTICLES 141-152
OF PRESIDENTIAL DECREE NO. 442, AS AMENDED,
OTHERWISE KNOWN AS “THE LABOR CODE OF THE
PHILIPPINES",

HE No. 1201 introduced by Reps Marcelino R Teodoro, Christopher S. Co
Rodel M Batocabe, and Alfreao A. Garoin. Jr.. enutied

AN ACT
PROVIDING FOR ADDITIONAL BENEFITS AND PROTECTION
TO THE HOUSEHELPERS THEREBY AMENDING FOR THIS
PURPOSE ARTICLES 147,142, 143, 148 AND 181 OF CHAPTER
lil CF P.D.442, AS AMENDED, OTHERWISE KNOWN AS “THE
LABOR CODE OF THE PHILIPPINES”,


HB No. 1815, introduced by Reps Emmeine Y Aglipay, Christopher S. Co
Rodel M. Batocabe, Alfredo A Garbir Jr Marla Evita R Arago. Maria Carmen
Zamora-Apsay, Neri J Colmanares Walden F Bello, Emi G Calixto-Rubig’
ana Kaka J. Bag-Ao. entitled.

AN ACT
PROVIDING FOR THE MAGNA CARTA OF HOUSEHOLD

HELPERS,

HB No 2400. introduced by Reps Romeo M Acop, and Angefo 3. Palmores.
anthed

AN ACT
PROVIDING FOR ADDITIONAL BENEFITS AND PROTECTION
TO THE HOUSEHELPERS THEREBY AMENDING FOR THIS
PURPOSE ARTICLES 141, 142, 143, 148 AND 151 OF CHAPTER
ti, P.D, 442, AS AMENDED, OTHERWISE KNOWN AS THE
"LABOR CODE OF THE PHILIPPINES”, AND FOR OTHER

PURPOSE,
HB Ne. 2559 introduced by Rep. Joseph Victor G Eyerc’to entitled

AN ACT
PROVIDING FOR ADDITIONAL BENEFITS AND PROTECTION
TO THE HOUSEHELPERS, THEREBY AMENDING FOR THIS
PURPOSE, ARTICLES 141, 142, 148 AND 151 OF CHAPTER tI!
P.O. 442, AS AMENDED, OTHERWISE KNOWN AS "THE LABOR,
CODE OF THE PHILIPPINES",

HB No, 3717 introduced by Regs Tobvas “Toby” M. Tiangco. Joseph Victor G
Ejercito and Nicanor M, Briones, entitled

AN ACT
PROVIDING FOR ADDITIONAL BENEFITS AND PROTECTION
TO THE HOUSEHELPERS THEREBY AMENDING FOR THIS
PURPOSE ARTICLES 141, 142, 143, 148 AND 151 OF CHAPTER
UI OF P.O, 442, AS AMENDED, OTHERWISE KNOWN AS "THE
LABOR CODE OF THE PHILIPPINES”,

HB No. 4277, introduced by Reps Raymond Cemocrito C. Mendoza Angela B
Palmones, and Rodante D. Marcoleta ertled

AN ACT
INSTITUTING REGULATORY POLICIES FOR DOMESTIC
WORKERS, ESTABLISHING STANDARDS FOR THE
PROTECTION AND PROMOTION OF THEIR WELFARE AND OF
THEIR FAMILIES, AMENDING FOR THIS PURPOSE PERTINENT
PROVISIONS OF PRESIDENTIAL DECREE NO, 442,


OTHERWISE KNOWN AS THE LABOR CODE OF THE
PHILIPPINES AND FOR OTHER PURPOSES,

HB No. 4477. introduced by Ree Emi. Org enttiec

AN ACT
INCREASING THE MINIMUM EMPLOYABLE AGE OF
HOUSEHELPERS TO 18 YEARS OF AGE, THEREBY AMENDING
FOR THIS PURPOSE ARTICLE 141 OF PRESIDENTIAL DECREE
NO. 442 (PD 442), AS AMENDED, OTHERWISE KNOWN AS THE
LABOR CODE OF THE PHILIPPINES,

43 No 4752, introduced ay Rep. Cataira C Bagasina. ertitled

AN ACT
GRANTING THIRTEENTH MONTH-PAY TO ALL QUALIFIED
HOUSEHOLD HELPERS NATIONWIDE

HB No 4896, introduced by Reps. Lani Mercado-Revilla, Ryan Lurs V. Singson
ara Raden C Sakaiuran, entitle?

ANACT
PROVIDING FOR ADDITIONAL BENEFITS AND PROTECTION
TO HOUSEHOLD HELPERS THEREBY AMENDING FOR THIS
PURPOSE ARTICLES 141, 142, 143. 148 AND 151 OF CHAPTER
il OF PRESIDENTIAL DECREE NO. 442, AS AMENDED,
OTHERWISE KNOWN AS “THE LABOR CODE OF THE
PHILIPPINES”

45 No 5289. introduced by Reo Eulog.o“Amang’ R. Magsaysay. entitled

AN ACT
PROVIDING EDUCATIONAL OFPORTUNITIES TO HOUSEHOLD
HELPERS AND FOR OTHER PURPOSES,

ar3 SB Ne. 73, inroduced by Senator srggoy Ejercite-Estrada, entitles

AN ACT
PROVIDING FOR ADDITIONAL BENEFITS AND PROTECTION
TO THE HOUSEHELPERS THEREBY AMENDING FOR THIS
PURPOSE, ARTICLES 141, 142, 143, 148 AND 151 OF CHAPTER
Il P.O, 442, AS AMENDED, OTHERWISE KNOWN AS THE
‘LABOR CODE OF THE PHILIPPINES’

ed the same and recommends that the attacned Ho.se Bai No

ase aber


AN ACT +
INSTITUTING REGULATORY POLICIES FOR DOMESTIC WORK
THEREBY ESTABLISHING STANDARDS OF PROTECTION TO *
PROMOTE THE WELFARE OF DOMESTIC WORKERS

be approved in substitution of House Bills No, 454, 553, 729, 837, 1140, 1201,
1815, 2400, 2559, 3717, 4277, 4477, 4753, 4896, 5289, and SB No. 78, with
Reps. Juan Edgardo M. Angara, Rachel Marguerite B. del Mar,
Juan C. Ponce Enrile, Jr., Neri J. Golmenares, Rufus 8. Rodriguez, Maximo B.
Rodriguez, Jr, Jose Carlos L. Cari, Angelo B. Palmones, Diosdado JM
Macapagal-Arroyo, Gloria M. Macapagal-Arroyo, Marcelino R, Teodoro,
Christopher S. Co, Emmeline Y. Aglipay, Romeo M. Acop, Joseph Victor G.
Ejercito, Tobias “Toby" M. Tiangco, Raymond Democrita C. Mendoza, Emil L
Ong, Catalina C. Bagasina, Lani Mercado;Revilla, Ryan Luis V. Singson, Eulogio
“Amang’ R. Magsaysay, Augusto Boboy Syjuco, Ph.D., Eduardo R. Gullas, Susan
A. Yap, Salvador P, Cabaluna Ill, Ma. Amelita A. Calimbas-Villarosa, Rodel M.
Batocabe, Alfredo B. Garbin, Jr, Albert Raymond 8. Garcia, Rosenda Ann
Ocampo, Pedro B, Acharon, Jr, Danilo Ramon §. Fernandez, Florencio C.
Garay, Ronald M. Cosalan, Arturo B. Robes, Emerenciana "Emmi" A. de Jesus,
Sonny P. Coliantes, Romeo M. Jalosjos, Jr, Seth Frederick P. Jaloslos, Juan
Miguel “Mikey” Macapagal-Arroyo, Carol Jayne B. Lopez, Maria Evita R. Arago,
Maria Carmen Zamora-Apsay, Walden F. Bello, Emi G. Calixto-Rubiano, Kaka J.
Bag-Ao, Nicanor M, Briones, Rodante D. Marcolela, Raden C, Sakaluran, and
Philip A. Pichay as authors thereof.

Respectfully submitted,

EMIL LYON:
Chairm:
Committee on Labor and Employment

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES
QUEZON CITY


ee

on

Rese hic pines
HOUSE OF REPRESENTATIVES

Quear Sry

Fifteenth Congress
Second Recuiat Session

eid

House Bill No.

ifuoduced 5y Reps Juan Edgardo M. Angara, Reshe! Marguerite B. der
Juan C. Ponce Enrile, ur, Neri ¢ Coimaneres. Ruius 8. Rodriguez Maxims 8.
Rodriguez Jr, Jose Carlos L Cari, Angelo E. Palmones, Diosdad: JM
Macapagal-Arroyo, Gions M. MacapeoatArroyo, Marcelino R. Teczor
Shrisiopher S Co, Emmeline ¥. Aglipay, Romeo M. Acop, Josepn Vicar C
<iercito. Tabias *Toby" M. Tiangco, Reymond Democrita C. Mendoza, &
Ong, Catalina C. Bagas.ra, Lani Mercaco-Revilla, Ryan Luis v. Singson, Eu
lamang" R. Magsaysay. Auguste Botoy Syjuco, PAD, Eduarde R Ge
Susan A. Yap, Salvado 2. Cavatuna I ta. Amelila A. Calimbas-V
Rodei M Batocabe Alfredo B. Garbin, Jr, Albert Raymond S Garo, Resende
Ann Ocampo, Pedro 8 Acharon, ge. Cardo Ramon S. Fernandez, Florersc ©
Saray Ronald Vi Cosa‘en, Acro 5. Robes, Emerenciara “Emmi A. de vesus
Sonny P. Collantes, Romeo M Jaiosyos, Ir, Sein Frederick ?. salcsios
Miguel “Mikey” Macapaga-Arroyc, Carch Jayne & Lopez, Maria Eula R Ar

ana Carmen Zamore-ansay Walden F. Seltc, Emi G. Calixio-Ruviane Kax3 «
Bag-Ao, Nicanor M Bricnes, Redante 5. Marcoieta. Racen C. Sakaleras 373

Philip A Pichay en ---— -

AN ACT
INSTITUTING REGULATORY POLICIES FOR DOMESTIC WORK THEREBY
ESTABLISHING STANOARDS OF PROTECTION TO PROMOTE THE
WELFARE OF DOMESTIC WORKERS

Be st enacted by the Senate and the House cf Recresentétives o° ihe
Philippines in Congress essembled

SECTION 1. Short Title - Tris Act shai ce known as tne “Dore:
Workers Act”

SEC. 2. Declaration of Policies. - ls hereby Jecared thar

ary sovia forse a
meta oF

ber 2s a 2"
reetize t

a) The State strongly a¥
committed to respect. prerole 9"
rights at work ivcluding cur rot



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Os

WIRY ly
RESsre

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38

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31

32

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join organizations of their own choosing, abolition of child labor, elimination of alt
eins of forced labor, discrimination in employment and eccupation, and
traficking in persons, especially women and children:

b) The State adheres to intemationaily accepted working conditions for
workers in general, and establishes labor standards for domestic workers in
panicular towards decent employment and income, enhanced coverage of sociat
protection, sespect for human rights, and strengthened social dialogue;

¢) 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 ental health,

d) The State, in protecting working women and recognizing their special
needs to ensure safe and healthful working conditions, promote gender-sensitive
treasures in the formulation and implementation of policies and programs
affecting the local domestic work industry; and

e) The State recognizes the vital rale of legitimate labor organizations,
employers’ organizations and non-governmental organizations INGOs) as
pariners in the protection and promotion of the welfare of domestic workers.

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 Tefers 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) Domestic Work refers to work performed in or for a household or
households.

c) 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 shali exclude any persen who performs domestic work only
occasionatly or sporadically and not on ar: occupational basis.

d) Employer refers to any person wro engages and controls the services
‘of a domestic worker and is party to the employment contract.


ty de

~

8
c

@) Household refers tc the immediate members of the family or the
occupants of the house thet are directly provided services by the domestic
worker,

{) Pnvate Employment Agency refers to any individual, legitimate
partnership, corperation or entity engaged in the recruitment and placement of
domestic workers for ioca! employment,

4g) 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 transgertatior Advances or loans by the domestic worker are not
included in the definition of deployment expenses.

ARTICLE tt
Rights and Privileges

SEC. 5. Standard of Treatment. - The employer or any member of the
household shail not subject a domestic worker or “kasambahay’ to any kind of
abuse nor inffict 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
shail 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 privacy and safety.

The employer shat provide appropriate rest and assistance to the
domestic warker in case of jinesses and injuries sustained during service
without loss of benefits.

At ne instance stiail tie 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 alt times and shall extend to all forms of
communication and persona! effects This guarantee equally recognizes that the
domestic worker is obliged ts ender satisfactory service at all times.

SEC. 8. Access to Outside Communication. The employer shall grant
ihe domestic worker access '9 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 facility. the costs sitail be borne by the domestic worker, unless such
charges are waived by the empioyer.



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SEC.9 Right to Education and Training. - The employer may allow the
domestic worker access to pasic education, and as far as practicable, higher
education or technical and vocational training. The employer shali adjust the
work schedule of the domestic worker to ailow such access to education or
training without hampering the performance of the domestic worker to the
satisfaction of the empioyer.

SEC. 10. Freedom of Association. - Domestic workers shall have the
freedom to form or join organizations of their own choosing for purposes net
contrary to iaw.

SEC. 11. Prohibition Against Privileged Information - All
communication and information pertaining to the employer shall be treated as
privileged and confidential, and shai not be publicly disclosed by the domestic
worker during and after employment.

ARTICLE Ill
Pre-Emplayment

SEC. 12. 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 shail 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,

¢) compensation;

d) authorized deductions.

e) hours of work and overtinre;

f) rest days and allowable leaves,

g) board. lodging and medical attention;

h) agreements on deployment expenses, if any;

i) loan agreement:

}) termination of empioyment: and

k) any other lawful condition agreed upon by both parties.

The Department of Labor and Emptoyment (DOLE) shall develop a model
employment contract for darestic workers which shall, at all times. be made
available free of charge !o domestic wotkers, employers, representative
organizations, and the genera! pubic. The COLE shall widely disseminate
information 10 domestic workers and employers on the use of such model

employment contract.



1 The private employment agency snall keeg a copy of al: empioyment
cortracts of domestic workers ard shall be made available fer verficatior and
inspection by the DOLE

SEC. 13. Pre-Employment Requirement. - Prior to tne execution 2f the
employment contract. the empioye- may require the following frors the doresite

worker.

certificate issuec by a iocal goverment

a) Medica certificate or a ne;
health officer:

b} Barangay and police clearance:

c) Nationa! Bureau of Investigation (NBI) clearance; and

d) Duly authenticated birtn centificate or if not available. any other
document snowing the age of the domestic worker such as vote’s

identification care. captsmial 2cord. or passport

cay

The cost ef the foregoing shal! te bome by the prospective employer cr
agency. as the case may be.

SEG. 14, Recruitment and Finder's Fees. - Regardess of whether the
domestic worker was hired thraugh a private employment agency ov a third garty
no share in the recruitment or fircer's fees shall be charged against the domestic
worker by the said private emp cyment agency or third party

SEC. 15. Deposits for Loss or Damage. ~ It shall be unlawtul for the
emaloyer or ary other cerson te require @ domestic worker to maka deposits
from which deductions shali be made for the reimbursement cf loss or damage to
jocls. materials, furniture ard equipment in the househoic

SEC. 16 Prohibition on Debt Bondage. - It snall be uniawful for the
employer or any person acting o> behaif of tre employer to place the donesiic
worker under debt bondage

SEC. 17. Prohibition on the Employment of Minors as Domestic
Worker. — li shall be unlawful to empioy ary person below eighteen (18! years of
age as a domestic worker. All domestic workers below the minimum age
presently empioyed shal: contirue thetr empioyment as such wittin a pe d of
bne (1) year from the effectvry of this Act: Provided, That they are no!
perforning any dangerous or Razardcus work: Provided further That the, shal
be entitles to education, “nimi wage and ail the benefits prescribed -n ths

Act.

The DOLE, the Department of Social Work and Development (S¥/0},
and the Department of the Interior and Local Government (DILG), in coord:naticn
with other concemed government agencies, NGOs people's organizations. and
t_media institutions sha! immediately develoo and implement an intensive and

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continuous information and education campaign that will ensure the total
elimination of the employment of minors as domestic workers

SEC. 18. Employer's Reportorial Duties. - The employers shall register
all domestic workers unger their employment in the Registry of Domestic
Workers in the barangay where the employer's address is located. The DILG
shalt, in cocrdination with the DOLE. formtlate a registration system for this
purpose

SEC. 19. Skills Training, Assessment and Certification. - To ensure
productivity and assure quality services the DOLE, through the Technica’
Educaticn anc Skills Oavelapment Authority (TESDA), shall facilitate access of
domestic workers to efficient training. assessment and certification based on 2
dusy-eromulgated training regulation

ARTICLE IV
Employment — Terms and Conditions

SEC. 20. Health and Safety. ~ The employer shall safeguard the safety
and health of the domestic worker :n accordance with laws, ruies and “eguiat‘ons:
with due consideration of the peculiar nature of domestic work

SEC. 21. Daily Rest Period. - The domestic worke’ shall be eptitied to an
aggregate daily rest period of eight (8) hours per day.

SEC. 22. Weekly Rest Period.- The domestic worker shail be entitled ‘o
at least twenty-four (24) consecutive hours of rest in a week. The employer ard
the domestic worker shall agree ir: writing on the schedule of the weekly rest cay
of the domestic worker: Provided That tre empioyer shall respect the preference
of the domestic worker as to ther weekly rest day when such prefererce is
based on religious grounds. Nothing in this provision shall deprive the domestic
worker and the employer from agreeing tc te fotlow.ng:

a) Offsetting a day of absence witn a particular rest day
b} Waiving @ particular rest aay in return for an equivalent daily rae of

pay:
©) Accumulating rest days not exceeding five (5) days, or
d) Other similar arrangements.

SEC. 23. Assignment to Non-Household Work. — No domestic worker
shail be assigned to work in a commerc al industrial or agricuitural enterprise at
a wage rate lower than that provided fo~ agricultural or non-agricultu’ei worke

SEC. 24. Extent of Duty. - The somestic worker and the employer may
mutually agree for the former to temporarily perform a task that is outside the


4
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latter's household for ine perief't of another Pousehoic. However, an) fity that
will be incureed by the domestic worker cn account of such arrangement shal: be
borne by tie orginal employer In addition, such work performed outside the
household shal! entitle the aomestic worner to an additional payment of not less
than the exisiing minimum wage rate of a domestic worker. tt shall be unlawful
for the origina! employer {9 charge any amount from the said househeid where

the service of ine domestic worker was temporarily performed.

SEC. 25, Minimum Wage. - The Regional Tripartite Wages and
Productivity Boaids (RTWPBs} snatl, within ninety (90) days from the effectivity
of thie Aci. convene for the purgose of determining the appropriate minimum
wages of domestic workers

SEC. 26. Payment of Wages. - Wages shall be paid monthly in cash
directly to the domestic worker and not by means of promissory notes. vouchers,
coupons, tokens, tickets, chits or any object Except a8 otherwise aliowed by
law, it shall be unlawiul for the employer, directly or indirectly, to deduct any
ammount from the wage of the domestic worker.

SEC. 27. Pay Slip - The employer shall at ali times provide the domestic
worker with a copy of his or ner gay stip containing the amount paid in cash every
pay day, and indicating al! deductions made. if any,

SEC, 28. 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

SEC 29. Prohibition Against Withholding of Wages. - It shail be
untawful for an employer. directly or indirectly, to withhold the wages of the
domestic worker. Likewise, the employer shall not induce the domestic worker to
give up any pari of the wages by force, stealth, intimidation, threat or by any
other means whatsoever

SEC. 30. Leave and Other Benefits. - A domestic worker who has
rendered at least one (1) year of service shail be entitled to an annua! service
incentive leave of five (5) with pay: Provided. That any unused portion of said
annual leave shall not be cumuiative or carried over to the succeeding years
Unused leaves shall not be corvertible to cash.

The domestic worker shail be entitled to all other benefits under existing
laws.


ARTICLE V
Settlement of Disputes

SEC. 31. Mechanism for Settlement of Disputes. - The Katarungang
Pamberangay shall serve as the pamary resort in settling disputes arising from
the ampleyment contract of empioyment relationship between the domestic
worker and the employer

Unresolved disputes shal! be elevated to the DOLE regional office having
jurisdiction over the workpiace without prejudice to the filing of a criminal action n
appropriate cases. The DOLE Regional Office shall decide the case within sixty
(0) days from date of filing after exhausting all efforts to conciliate and mediate

the dispute

SEC. 32. Rescue and Rehabilitation of Abused Domestic Workers, ~
Any abused or explcited domestic worker shail be immediately rescued by a
muricipat or city social welfare officer or a social welfare officer from the DSWD
in coordination with the concerned barangay officials The DSWD and the DILG
shall develop a standard operations procedure for the rescue and rehabilitation of
abused domestic workers, and in coordination with the DOLE, for possible
subsequent job placement

ARTICLE Vi
Post Employment

SEC. 33. Termination of Service. — Neither the domestic worker nor the
employer may terminate the contract before the expiration of the term except for
ds provided for in Sections 34 ang 25 of this Act. If the domestic worker is
justly dismissed, the domestic worker shall be paid the compensation already
eared 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 equivaient fiftegn (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 demestic worker's employment.

The domestic worker and employer may mutually agree upon written
netice to pre-terminate the cantract of employment to end the employment
relationship

SEC, 34. 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 follewing causes:


mmestic worker by the employer or

physical abuse of the domestic
ey rot any member of the housenotd;
the domestic worker

ur any mermer of the household;

dy foliation a the empioyer of the tems and conditions of the
& amaloyment contract and other standards set forth under this law:
“ 2) Communicabe disease and
. A) Other causes analogous to the foregoing

38. Termination Initiated by the Employer. - An employer may
1 services of the Lomestic worker at any time before the expiration of
he foltuwng causes.

conduct 0: wilifui disobedience by the domestic worker
sder of the empioyer in connection with the former's work,
abdnai

lect o* inefficiency by the domestic
ce of duties;
of tre trust reposed by the employer on the

Fea

domesho worker
Ime or offense by the domestic worker against
or any wmmediate member of the

sloyers tor
jation by ine a
vent Cs

arof the terms and conditions of the
ang other standards set forth under this law;
ses. and

to the foregoing

Employinent Certification. - Upon the severance of the
issue the domestic worker within
xe of employment indicating the nature,
srmance

ARTICLE VII
Private Employment Agencies

Regulation uf Private Employment Agencies (PEAs). -
through of licensing and regulation ensure the
through private employment agencies

4 SEC 37.
‘8 The DOLE shail,
protection ef dom
EAs)

Ne. 442, as amended, oinerwise
s," on qualifications of PEAs with

38 The picvision



hye

we

Sox

AEGIS

}
1
1

Es

6
37

of kcense and commission of

fea

ments, as weil as 1
ted practimes, shall apply

3
3
=

In addition, PEAS shail have the follow:ng responsibilities:

2) Ensure that aomestic wo-xers are not charged or fevied any recruitment
placement fees:

the er
mptoyer

lgymani agreement between the domestic worker

pilates ic terms and conditions of employment
and ali tle benefits preserbed by this Act;

¢) Provide a pre-employment ortentation driefing to the domestic worker
and the employer 2bour their rights and responsibilities in accordance
with this Act,

a) Keep copies of employner contracts and agreements pertaining to
recruited domestic wo-xers -shich shall be made available curing
inspections or whenev squred hy the DOLE or loca! government
officials;

2} Assist Jomestic worke's

against their ernploya:s; and

Cooperate with gove

abused o7 exploited dor

respect to complaints or grievances

‘es in rescue cperations involving

ARTICLE VIN
Special Provisions

SEC. 38. Accreditation of Non-Governmental Organizations (NGOS). -
All NGOs inteading to assist come any manner shall first register
and seek accreditation from the OSWO. Accredited NGOs may develop their
own programs and project
vights and promoting the wei

SEC. 39. Capability Busing of the Lupong Tagapamayapa. - The
DILG shail, in coordination with the DOLE, deveiop and implement a capability
building program for the Lupong Togapameyapa on the provisions of this Act
immediately after the enactment of tus ‘aw

SEC. 40. Domestic Workers’ Day. The Araw ng Mga Kasambanay”
shail be cornmemorated snauaily on the date of the enactment of this law

SEC. 41. Information Program. — Te DOLE shall, in coordination with
the DKG, develop ana impiement 2 continuous infermation dissemination
program on the provisions cf ths Act. both at the national and local lev
immediately after the enactment af this law.

is


ARTICLE IX
Penal and Miscellaneous Provisions

SEC. 42. Penalty. - Any violaticn of the provisions of this Act deciared
unlawful shall be punisiable with 2 fne of not fess than Ten thousand cesos
+P19,000.00) but not more thar Forty thousand pesos (P40,000 00) without
prejudice to the filing of aoprapria‘e civil or criminal action by te aggneved carty

SEC. 43. Transitory Provision; Non-Diminution of Benefits - All
existing arrangements between a domestic worker and the employer shall be
adjusted to conform to the minimum stendards set by this Act witvir a per.od of
sixty (60) days after the effectvity o° this Act: Provided, That adjustments
pertaining to wages shall take effect mmediately after che determinaton and
issuance of the appropriate wage order by the Regional Trpartite Wages ard
Productivity Boards, but shalt rot be more than ninety (90) days from the

effectivity of this Act.

SEC. 44. Implementing Rules and Regulations. - Within ninety (90)
days from the effectivity of chis Act the Secretary of Labor and Eraploymert. the
Secretary of Social Work and Development. the Secretary of the intericr and
Local Government, and the Director-General of the PNP. in coordination with
other concemed government agencies and accredited NGOs assisting domestic
workers, shall promulgate the recessary rules and regulations for the effective
implementation of this Act.

ARTICLE X
Final Provisions

SEC. 45 Separability Clause.- If any provision or pact of this Act is
declared invalid or unconstizutional, the remaining parts or provisions not affected

shall remain in full force and effect.

SEC. 46. Repealing Clause. - Amicies 141 to 452 of 2.D. 442. as
amended, as well as Artcles 1689 to 1699 of the Civil Cede, are hereby
expressly repeated. Ail laws. decrees. executive orders, issuances, ruies and
regulations. or paris thereof inconsistent with the provisions of this /
hereby repealed or mod fied acco-cing’y

SEC. 47. Effectivity Clause. - Tris Act shall take effect fifteen (15: says
after its complete publication in tre Official Gazette o° in at teast po (Z) nasona

newspapers of general circulation

Approved,


FACT SHEET.,
House BillNo.__ 0144
iAs Approved by the Committee)

AN ACT
INSTITUTING REGULATORY POLICIES FOR DOMESTIC WORK
THEREBY ESTABLISHING STANDAROS OF PROTECTION TO
PROMOTE THE WELFARE OF DOMESTIC WORKERS, PROHIBITING
THE EMPLOYMENT OF MINORS AS DOMESTIC WORKERS, AND FOR
OTHER PURPOSES

imroduced by Reps. Juan Edgardo M. Angara, Rachel Marguerite B. de!
Mat,Juan C. Ponce Enrile, Jr, Neti J. Colmenares, Rufus B. Rodriquez
Maximo B. Rodriguez, Jr, Jose Carlos L. Cari, Angelo B. Palmones.
Diosdado JM = Macapagal-Arroyo, Gloria. M. Macapagal-Arroyo,
Marcelino R. Teodoro, Christopher $. Co, Emmeline Y. Aglipay, Romeo
M. Acop, Joseph Victor G. Ejercito. Tobias “Toby” M. Tiangco, Raymond
Democrito €. Mendoza, Emil L. Ong, Catalina C. Bagasina, Lani
Mercado-Revilla, Ryan Luis V. Singson, Eulogio “Amang” R.
Magsaysay, Augusto Boboy Syjuco, Ph.D., Eduardo R. Guilas, Susan A.
Yap. Satvador P. Cabaluna til, Ma. Ameiita A, Calimbas-Villarosa, Rodel
M. Batocabe, Alfredo 8. Garhin. Jr, Albert Raymond S_ Garcia,
Rosenda Ann Ocampo, Pedro B. Acharon, Jr, Danilo Ramon S.
Fernandez, Florencio C. Garay, Ronald M. Cosalan, Arturo B. Robes,
Emerenciana “Emmi” A. de Jesus, Sonny P. Collantes, Romeo M.
Jalosjos, Jr, Seth Frederick P. Jatosios, Juan Miguel “Mikey”
Macapagal-Arroyo, Carol Jayne B. Lopez, Maria Evita R. Arago, Maria
Carmen Zamora-Apsay, Walden F. Bello, Emi G. Calixto-Rubiano, Kaka
J. Bag-Ao, Nicanor M. Briones, Rodante D. Marcoleta, Raden C.
Sakaluran, and Philip A_ Pichay

Committee Referral’ COMMITTEE ON LABOR AND EMPLOYMENT
Comnnitee Chairperson: REP. EMIL L. ONG

OBJECTIVE: 10 establish standards of protection for focal domestic workers:
KEY PROVISIONS:
Covers all domestic workers employed and working within the country

Provides for a standard treatment of the conestc worker by the empoyar su

respect for the privacy of the domestic worker; allowing free access to ©
communication; allewing access to casic education, and if practicable to acvanced
training or higher education; and resrectirg the ireedom to form or join ‘egit ate
organizations,



empioyment concerns: such as requiring an employment contract
2 domestic worker and ‘he empiayer. recisiration by the amploye: ofS
domes, worker 1p the barargay, and, provision of skils faqs
roy the FESDA to professianalize GOM=Sstic work

assesament and serbfica

don ese¢ worker as a responsibibty oF the
we ty Ly include daily aS: per Od, weeh, Ter!
ms oi assignment tz mar -hossehold work. anu.
ssoraty oeformance of @ tan ouisde of the arploye’s howsencl
318 of such as este « funamun wage rates of P3.550.72
SOK PI COIAnG tor chartered sifrst class muniepatities and P2.006
pales. mandaing tae Reyonal Trpacie Wages and Proauctwity
YPB) to periodically teview Ie mMinimuin We @ vatas of damestc
c workers shall be paid mest, ang

arus tRTV
S providing that wages of cen
the provision of pay si t tne Gomestic worker by the employer di
i ve of ten (10) days with pay: maternity leave
atin, leave’ parental leave fer scio parents’ violation against women ang (ne.
s leave and special 2 tanefte icr women ej other benefits to "ot
nth month pay SSS coversge ECU coverage. Philhealth coverage anc
PASIBIG Fund membership The cuncerned government agencies shaii estaciis” 3
Laned payment and clams scneme ior comestic workers

a

sees for a mechanism 10 5
s the pritiat y
worker, Weve:

2 asptes by idenilying tne Kaiaruny:
3st 11 resolving disputes beiween the employ
wwed aiscules shalt be elevated to the DOLE

the dames!

ee wr emergency assistant dor -esiin workers by designating tne DsWwo
jan with the DILG as tre primary agency in charge of thee
day of abused kasammaliays
. 6.5 post employment concerns such as conditions of termination af s
se of termination of notes. provss.on of certificate of eipicyren!
souanen cf private reciuitrrent ars piaceinent agencies
. des for special concams such a3 accreditation by the OSWE ct non

governmental organizations intersing “oO assist domestic worsers | ceabsity-
ithe Lupong Tagapame Jach will be the frst reso in the settlernest
or giscules between the enipiaye’ ang tir camestic worker COMMPIOLS NO
by the DOLE on the [aw and deciaration of a speciel AGn-wON NS holiday

a

“arpa
wet pay for domestic Workers

fe Peovides tor a fine of PIC GOL to Pad.o

220 as Deralty for any Unlawful act provdea ©
coprepriale cwil or cnmiqa’ action Dy whe

untawiitl



see of ane emily s

ot ivigy by the eoupicyer oft
SE. Requiriny dene fess oa
Leste wi
‘ jaja: anes
t at eines es >
on the prorhscies gi
ily Fige performing da’
eBoy thet existing an angers,

euatorm: to the aa

Irene shi 7

Sueons
say besny enjoy

A by the de

RELATED LAW:

Ceapier IW Title I of the of PO val
Lebar Code of the Phnippines

ous and

y aincunt from the household ware the
porarly pertormed

“sisgosal of wages of the demest:c worker

ayes of Re domestic worker

of tons

squipment and the like fron

wakers A one yeur grace penod en the
ned except for domestic workers of
azardous work

ketween the domestic worker and the
ndards of the law within 60 day s after its

(DENG GMHULER oF SUbStIULON Of any baneft or privilege

nastie worker,

ay amended, otherwise known as. the