Republic of the Phiippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Reguiar Session

House Bill No. _ 4472

Introduced by HONORABLE EMIL L. ONG

EXPLANATORY NOTE

Based on the study conducted by the Intemational Labour Organization (ILO),
throughout the world, around 215 million children work, many fulltime. They do not go to school
and have Kitt or no time to play. Many do not receive proper nutrition or care. They are denied
the chance to be children

The estimated number of household (or domestic) workers in the Philippines ranges
from 600,000 to 2.5 million (ILO 2004). Of the estimated 2.5 million household workers, Visayan
Forum, an NGO concemed with the plight of household workers, estimates that 1 million are
children.

Nowadays, househelpers tend to be very young, usually aged 16-17 years old. Perhaps,
the second largest group of working children, next to agricultural workers, is household helpers
‘Thus, making them vulnerable to various kinds of abuse, as their workplaces are the private
homes of their employers, and their work are hidden from public view.

The draft Kasambahay Bill proposed by ILO provides for the prohibition on the
employment of children of kasambahay, below 18 years of age, to work as kasambahay,
consistent with Republic Act No. 9231.

In view of the foragoing, and in order to provide special protection to minors below 18
years of age who are vulnerable to ali forms of abuse and other conditions prejudicial to their
development, the minimum employable age of househelpers, whether on full or part-time basis,
should be increased to 18 years old. Hence, appraval of this bill is earnestly sought.

EMILL. ON
Represer
2™* District, Northern Samar


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES. }
First Regutar Session )

4477

House Bil No.

Introduced by HONORABLE EMIL L. ONG

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

Be it enacted by the Senate and ihe House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Article 141 of Presidential Decree No. 442, as amended, otherwise known
as the Labor Code of the Philippines, is hereby further amended to read as follows:

“ART. 141. COVERAGE - This Chapter shall apply to all persons rendering
services in household for compensation, WHETHER ON FULL OR PART-TIME
BASIS.

“Domestic or househokt service" shall mean services in the employer's
home which is ususily necessary or desirable for the maintenance and
enjoyment thereof and includes ministering to the personal comfort and
convenience of the members of the employer's household, including services of
family drivers.

“ART. 141-A. MINIMUM EMPLOYABLE AGE OF HOUSEHELPERS. —
NO PERSON OF EITHER SEX, BELOW EIGHTEEN (18) YEARS OF AGE,
SHALL BE EMPLOYED AS HOUSEHELPERS.”

“ART. 141-B. PROHIBITION ON EMPLOYMENT OF CHILDREN OF
HOUSEHELPERS - THE EMPLOYMENT OF CHILDREN OF
HOUSEHELPERS WHO LIVE UNDER THE EMPLOYER'S ROOF SHALL NOT


BE ALLOWED. iN NO CASE SHALL THE CHILDREN OF HOUSEHELPERS,
BELOW 18 YEARS OLD, BE EMPLOYED OR PERMITTED TO WORK AS
HOUSEHELPERS.

SECTION 2. Separability Clause. - If any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other provisions
hereof,

SECTION 3. Repealing Clause. — AN laws, executive orders, presidential decrees,
presidential proclamations, rules and regulations of parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SECTION 4, Effectivity Clause. - This Act shall take effect fifteen (15) days after its
comptete publication in the Official Gazette or in a newspaper of general circulation

APPROVED,