Professional Documents
Culture Documents
entitled to, it was ruled that the settlement was not reasonable given their length of
service - 25 years and 19 years, and considering that they were without jobs and with
families to support and therefore in dire straits when they executed the release/quitclaim
affidavits. (Radio Mindanao Network, Inc. et al vs. Ybarela, Jr. et al., G. R. No. 198662,
Sept. 12, 2012)
Not all quitclaims are per se invalid or against public policy, except (1) where
there is clear proof that the waiver was wangled from an unsuspecting or gullible
person, or (2) where the terms of settlement are unconscionable on their face. Thus,
the quitclaim executed by an employee dismissed due to redundancy has been upheld
where pursuant thereto he was paid the following (a) a redundancy premium/separation
pay, on top of his entitlement under the banks retirement plan; (b) proportionate 13 th
month pay; (c) cash conversion of his outstanding vacation and sick leave credits; and,
if applicable, (d) the return of his Provident Fund contributions; and, (e) cash surrender
value of his Insurance. (Morales vs. Metropolitan Bank and Trust Co., G. R. No.
182475, November 21, 2012)
PROBATIONARY EMPLOYMENT; STANDARDS
Punctuality is a reasonable standard imposed on every employee, whether in
government or private sector. As a matter of fact, habitual tardiness is a serious offense
that may very well constitute gross or habitual neglect of duty, a just cause to dismiss a
regular employee. Assuming that the employee was not apprised of the standards
concomitant to her job, it is but common sense that she must abide by the work hours
imposed by the bank. The rule on reasonable standards made known to the employee
prior to engagement should not be used to exculpate a probationary employee who acts
in a manner contrary to basic knowledge and common sense, in regard to which there is
no need to spell out a policy or standard to be met.
Furthermore, the employer had not been remiss in reminding the employee,
through memoranda, of the standards that should be observed in aspiring for
regularization. (Carvajal vs. Luzon Development Bank et al., G. R. No. 186169, August
1, 2012)
OFW; CONTRACT ALTERATION OR SUBSTITUTION;
PROHIBITED PRACTICE UNDER ARTICLE 34, LABOR CODE.
Where the POEA-approved two-year employment contracts of the OFWS were
altered in the workplace through the issuance of appointment letters increasing the
period thereof to three years at a reduced salary rate and changing their positions as
aluminum fabricator/installer to ordinary laborer, it was held that the agency committed a
prohibited practice under Article 34 of the Labor Code and illegal recruitment under
Article 38 of the same Code, as amended by R. A. No. 8042. (PERT/CPM Manpower
Exponent Co., Inc. vs. Vinuya et al., G. R. No. 197528, Sept. 05, 2012)
OFW; R. A. NO. 10022; RETROACTIVE EFFECT
AND CONSTITUTIONALITY OF AMENDMENT
The retroactive application of the Serrano ruling which declared unconstitutional
the clause in Section 10, paragraph 5 of R. A. No. 8042, limiting to three months the
payment of salaries to illegally dismissed OFWS. But the amendment introduced by R.
A. No. 10022, which lapsed into law on March 8, 2010, restoring the provision of R. A.
No. 8042 declared unconstitutional cannot be given retroactive effect not only because
there is no express declaration of retroactivity in the law, but because retroactive
application will result in an impairment of a right that had accrued to the OFWs by virtue
of the Serrano ruling-entitlement to their salaries for the unexpired portion of their
employment contracts. In any case, whether or not R. A. is constitutional is an issue
that awaits its proper day in court; the appropriate ruling will be made when the issue is
2
squarely before the Court. (PERT/CPM Manpower Exponent Co., Inc. vs. Vinuya et al.,
G. R. No. 197528, Sept. 5, 2012)
OFW; COMPENSABILITY OF ILLNESS
It is not necessary that the nature of the employment be the sole and only reason
for the illness suffered by the seafarer. It is sufficient that there is a reasonable linkage
between the disease suffered by the employee and his work to lead a rational mind to
conclude that his work may have contributed to the establishment or, at the very least,
aggravation of any pre-existing condition he might have had.
It has thus been held that the malignant tumor contracted by the Third Officer of a
crude tanker is compensable although this was not among the injury or illnesses
specified in the Philippine Overseas Employment Agency Standard Employment
Contract (POEA-SEC), considering that under the said contract these illnesses not
specifically listed therein as compensable are disputably presumed as work-related and
that he was frequently exposed to the crude oil that the vessel was carrying and which
had hazardous chemical components that could possibly contribute to the formation of
cancerous masses. (David vs. OSG Shipmanagement Manila, Inc., G. R. No. 197205,
September 26, 2012)
OFW; SEAFARER; DEATH; COMPENSABILITY
Under the POEA Standard Employment Contract Governing the Employment of
All Filipino Seamen On-Board Ocean-Going Vessels (POEA-SEC) no compensation
shall be payable for any injury, incapacity, disability or death resulting from a willful act
on his own life by the seaman as long as the employer can prove that the same is
directly attributable to him. It has thus been ruled that the death of a seaman who
jumped into the sea twice and drowned on the second try is not compensable despite
his wifes claim that he was suffering from a mental disorder; she did not present any
evidence, witness or medical report to support her claim. (Crewlink, Inc. et al vs.
Teringtering et al., G. R. No. 166803, October 11, 2012)
OFW; SEAFARERS CLAIM FOR DISABILITY
BENEFITS; DISPUTE RESOLUTION MECHANISM.
Where the seafarer and his employer are covered by a collective bargaining
agreement, the formers claim for disability benefits must be submitted for resolution by
the grievance and arbitration committees provided for in the CBA, and the failure by a
party or seaman to so refer the dispute to the prescribed dispute resolution mechanism
bars any legal or other action. This is warranted by the clear language of the parties
CBA on the matter, and in recognition of the States preference for voluntary modes of
dispute settlement. (Ace Navigation Co., Inc. et al vs. Fernandez, G. R. No. 197309,
October 10, 2012)
OFW; DISCIPLINARY ACTION; JURISDICTION; APPEAL
Although Republic Act No. 8042, through its Section 10, transferred the original
and exclusive jurisdiction to hear and decide money claims involving overseas Filipino
workers from the POEA to the Labor Arbiters, the law did not remove from the POEA the
original and exclusive jurisdiction to hear and decide all disciplinary action cases and
other special cases administrative in character involving such workers. The obvious
intent of Republic Act No. 8042 was to have the POEA focus its efforts in resolving all
administrative matters affecting and involving such workers. The decision of the POEA
is appealable to the Secretary of Labor and Employment and not to the NLRC. (Eastern
Mediterranean Maritime Ltd. et al. vs. Surio et al., G. R. No. 154213, August 23, 2012)
TRANSFER; VALIDITY
3
An employer has the right to transfer or assign its employees from one office or
area of operation to another in pursuit of its legitimate business interest, provided there
is no demotion in rank or diminution of salary, benefits, and other privileges; and the
transfer is not motivated by discrimination or bad faith, or effected as a form of
punishment or demotion without sufficient cause.
While petitioners may claim that their transfer to Manila will cause added
expenses and inconvenience, we agree with the CA that, absent any showing of bad
faith or ill motive on the part of the employer, the transfer remains valid. (Mojar, et al.
vs. Agro Commercial Security Service Agency, Inc. et al., G. R. No. 187188, June 27,
2012)
ARTICLE 100 OF LABOR CODE; WHEN NOT DEEMED VIOLATED.
The term benefits used in the non-diminution rule under Article 100 of the Labor
Code refers to monetary benefits or privileges with monetary equivalents. Such benefits
or privileges form part of the employees wage or compensation making them
enforceable obligations. It has thus been held that the removal by the employer of the
chairs used while working by its bottling operators for over thirty(30) years is not
violative of the non-diminution rule considering that the benefit is not susceptible of
pecuniary estimation. Furthermore, in exchange for the removal of the chairs, the
working time of the operators was reduced and their break period was increased, and
the use of chairs by workers for long periods while at work is hazardous to ones health.
(Royal Plant Workers Union vs. Coca-Cola Bottlers Philippines, Inc.-Cebu Plant, G. R.
No. 198783, April 15, 2013)
WAGES
The talent fees of P400.00 paid to a hotel pianist per three hours of
performance from 7:00 p.m. to 10:00 p.m., three to six nights a week, has been held to
be included in the term wage because the same was fixed on the basis of his talent
and skill and the quality of the music he played during the hours of performance each
night, taking into account the prevailing rate for similar talents in the entertainment
industry. (Legend Hotel (Manila) et al vs. Realuyo, G. R. No. 153511, July 18, 2012)
VISITORIAL POWER
In the exercise of the visitorial power under Article 128 of the Labor Code, the
DOLE Secretary can make a determination of the existence of an employer-employee
relationship; such determination is, however, merely preliminary, incidental to the
DOLEs primary function of enforcing labor standards provisions. The visitorial power
would be rendered nugatory if the alleged employer can by the simple expedient of
disputing the employer-employee relationship force the referral of the matter to the
NLRC. (Superior Packaging Corporation vs. Balagsay et al., G. R. No. 178909, October
10, 2012)
RIGHT TO SELF-ORGANIZATION; CAPATAZES.
Capatazes whose functions consisted of supervising and instructing the miners,
mackers and other rank-and-file workers under them, assessing and evaluating their
performance, making reports and recommending new systems and procedure of work
as well as guidelines for the discipline of employees have been held not to be rank-andfile employees. They are an extension of the management, and as such they may
influence the rank-and-file workers under them to engage in slowdowns or similar
activities detrimental to policies, interests or business objectives of the employers.
(Lepanto Consolidated Mining Co. vs. The Lepanto Capataz Union, G. R. No. 1507086,
February 18, 2013)
COLLECTIVE BARGAINING; PENDENCY OF
PETITION FOR CANCELLATION OF UNION REGISTRATION.
4
The pendency of petition for the cancellation of the registration of the bargaining
agent does not preclude collective bargaining. The majority status of the bargaining
agent is not affected by the pendency of the petition for cancellation. (Digital
Telecommunications Philippines, Inc. vs. Digitel Employees Union et al., G. R. Nos.
184903-04, October 10, 2012)
LEAVE; WHEN NOT DEEMED A STRIKE
The leave taken by five(5) employees on the birthday of the company president
cannot be deemed a strike considering that they went on leave for various reasons and
were in different places to attend to their personal needs or affairs; that they did not
even go to the premises of the company to petition the latter for redress of their
grievances; and that to demonstrate their good faith, they reported for work in the
afternoon when they received text messages asking them to do so. There was
therefore no concerted or mutually contrived or planned action performed in unison
There was not even any indication that the leave taken by five(5) employees paralyzed
the company operation on that day as alleged by the company. (Naranjo et al vs.
Biomedica Health Care, Inc. et al., G. R. No. 193789, September 19, 2012)
UNFAIR LABOR PRACTICE
The employers suspension of collective bargaining negotiations with the union
and placing the union funds in escrow in view of an intra-union dispute between two
factions have been held to constitute unfair labor practice, it appearing that the intraunion dispute had already been finally settled. (De la Salle University vs. De la Salle
University Employees Association, G. R. No. 169254, August 23, 2012)
The closure of the company despite the existence of an assumption order over a
labor dispute occasioned by its reluctance to negotiate with the union, coupled with the
creation of a new corporation performing similar functions, leaves no iota of doubt that
the closure was to defeat the security of tenure of the union-member employees and
interfere with, restrain or coerce them in the exercise of their right to self-organization.
(Digital Telecommunications Philippines, Inc. vs. Digitel Employees Union et al., G. R.
Nos. 184903-04, October 10, 2012)
CONSTRUCTIVE DISMISSAL
Verbal abuse committed against a bus driver by a co-employee cannot warrant a
claim for constructive dismissal of the former, mot especially where the latter is not
vested with the authority to dismiss, and as a matter of fact the company had repeatedly
urged the driver to report for work. (Verdadero vs. Barney Autolines Group of
Companies Transport, Inc. et al., G. R. No. 195428, August 29, 2012)
CONSTRUCTIVE DISMISSAL
The reassignment of a college dean as a professor in another college in the
university has been held not to be a constructive dismissal, considering that her term as
college dean had expired and hence no demotion had occurred. (Barba vs. Liceo de
Cagayan University, G. R. No. 193857, November 28, 2012)
SECURITY GUARDS; FLOATING STATUS.
Temporary off-detail or floating status is the period of time when security
guards are in between assignments or when they are made to wait after being relieved
from a previous post until they are transferred to a new one. It takes place when, for
instance, the security agencys clients decide not to renew their contracts with the
agency, resulting in a situation where the available posts under its existing contracts are
less than the number of guards in its roster. For as long as such temporary inactivity
does not continue for a period exceeding six months, it has been ruled that placing an
5
thereof within which to answer it; it was ruled that the notice was severely deficient and
in violation of Article 277 of the Labor Code. (Naranjo et al vs. Biomedica Health Care,
Inc. et al., G. R. No. 193789, September 19, 2012)
DISMISSAL; SEPARATION PAY IN THE EVENT OF CLOSURE.
Where the cessation of the employers business was not directly brought about
by serious business losses or financial reverses but by reason of the enforcement of a
judgment against it, it was ruled that the employer should be required to pay separation
pay to the affected employees. (Ever Electrical Manufacturing, Inc. (EEMI) et al vs.
Samahang Manggagawa ng Ever Electrical/NAMAWU Local 224 represented by
Felimon Panganiban, G. R. No. 194795, June 13, 2012)
REINSTATEMENT
Article 223 of the Labor Code provides that in case there is an order of
reinstatement, the employer must admit the dismissed employee under the same terms
and conditions, or merely reinstate the employee in the payroll. The order shall be
immediately executory; Thus, the employer cannot escape liability by simply invoking
that the employee did not report for work. The law states that the employer must still
reinstate the employee in the payroll. Where reinstatement is no longer viable as an
option, separation pay equivalent to one(1) month salary for every ear of service could
be awarded as an alternative. (3rd Alert Security and Detective Services, Inc. vs.
Romualdo Navia, G. R. No. 200653, June 13, 2012)
REINSTATEMENT IN THE PAYROLL; WHEN PROPER.Pending appeal, reinstatement in the payroll, and not physical restoration of the
employees to their former positions, would be proper where they have accused the
employer of being directly complicit in the plot to expel them from the union and to
terminate their employment, while the employer has charged the employees with trying
to sabotage the peace of the workplace in furthering their dispute with the union. The
resentment and enmity between the parties have so strained their relationship and even
provoked antipathy and antagonism, as amply borne out by the physical clashes that
had ensured every time the employees attempted to enter the employers compound;
the formers presence in the workplace will not only be distracting but even disruptive.
(Radio Philippines Network, Inc., et al. vs. Yap et al., G. R. No. 187713, August 1, 2012)
SEPARATION PAY IN LIEU OF REINSTATEMENT
Where the company president uttered harsh, degrading and bad words at the
workers at the time they were denied entry to the company premises, and their
dismissal was effected in a swift fashion and in gross violation of their right to due
process thus indicating that they were no longer wanted in the company, coupled with
their filing a complaint with the DOLE, revealing a relationship governed by antipathy
and antagonism, it was held that payment of separation pay in lieu of reinstatement is
warranted based on strained relations. (Naranjo et al vs. Biomedica Health Care, Inc. et
al., G. R. No. 193789, September 19, 2012).
Under the doctrine of strained relations, the payment of separation pay is
considered an acceptable alternative to reinstatement when the latter option is no
longer desirable or viable. On one hand, such payment liberates the employee from
what could be a highly oppressive work environment. On the other hand, it releases the
employer from the grossly unpalatable obligation of maintaining in its employ a worker it
could no longer trust. Moreover, the doctrine of strained relations has been made
applicable to cases where the employee decides not to be reinstated and demands for
separation pay. (Apo Chemical Mfg. Corporation et al vs. Bides, G. R. No. 186002,
September 19, 2012)
for payment of the employees amortization on her car loan, or in the alternative, the
return of the car to the former, is not a labor, but a civil dispute. It involves debtorcreditor relations, rather than employer-employee relations. (Manese et al., G. R. No.
170454, October 11, 2012)
AWARD OF DAMAGES
The award of moral and exemplary damages has been held to be proper where it
was established that even prior to the date of termination, the employee was already
barred from entering the company premises, deprived access to her office computer,
excluded from the bundy clock, and was made to sign documents in the guise of
payment of her separation pay; that a number of new employees were hired and even
assigned to her former department, and that she suffered mental torture because the
cause of her dismissal was not clear and substantiated. (General Milling Corporation
vs. Viajan, G. R. No. 181738, January 30, 2013)
CERTIORARI
The review of labor cases is confined to questions of jurisdiction or grave abuse
of discretion. The alleged absence of employer-employee relationship cannot be raised
for the first time on appeal. The resolution of this issue requires the admission and
calibration of evidence and the LA and the NLRC did not pass upon it in their decisions.
We cannot permit petitioner to change its theory on appeal. It would be unfair to the
adverse party who would have no more opportunity to present further evidence, material
to the new theory, which it could have done had it been aware earlier of the new theory
before the LA and the NLRC. (Duty Free Philippines Services, Inc., vs. Manolito Q. Tria,
G. R. No. 174809, June 27, 2012)
EMPLOYERS BURDEN OF PROOF IN ILLEGAL DISMISSALS; WHEN NOT
APPLICABLE.The rule that the employer bears the burden of proof in illegal dismissal cases
finds no application when the employer denies having dismissed the employee. The
employee must first establish by substantial evidence the fact of dismissal, before
shifting to the employer the burden of proving the validity of such dismissal. (Grand
Asian Shipping Lines, Inc. et al vs. Galvez et al., G. R. No. 178184, January 29, 2014)
NLRC; ADMISSION OF EVIDENCE SUBMITTED FOR THE FIRST TIME ON
APPEAL.
Labor tribunals, such as the NLRC, are not precluded from receiving evidence
submitted on appeal as technical rules are not binding in cases submitted before them.
In fact, labor officials should use every and reasonable means to ascertain the facts in
each case speedily and objectively, without regard to technicalities of law or procedure,
all in the interest of due process. Thus, it has been ruled that the NLRC could admit
documents submitted to it on appeal to prove the serious misconduct and habitual
neglect of duty committed by the employer. (Surigao del Norte Electric Cooperatives,
Inc. et al vs. Gonzaga, G. R. No. 187722, June 10, 2013)
VOLUNTARY ARBITRATOR; JURISDICTION
The Voluntary Arbitrator has jurisdiction to pass upon the legality of the
employees dismissal notwithstanding the fact that according to the parties submission
Agreement the issue was mainly whether or not the employee was entitled to separation
pay and the sales commission reserved for him by the company. This is because the
issue of separation pay emanates from the employees allegation of illegal dismissal.
The Voluntary Arbitrator has plenary jurisdiction and authority to interpret an agreement
to arbitrate and to determine the scope of his own authority when the agreement is
10
vague, subject only, in proper cases, to the certiorari jurisdiction of the Court. (7 K
Corporations vs. Albarico, G. R. No. 182295, June 26, 2013)
PROJECT EMPLOYMENT
Where the appointment letter showed that the employee was hired as a transit
mixer driver for the batching plant project for the period from June, 2000 until June,
2001; that it was provided therein that he was a project employee whose employment
was co-terminus with the completion of the project or any phase thereof; and that after
the completion of the project or phase thereof, he was free to seek other employment of
his choice; it was ruled that the driver was a project employee there being no showing
that he signed the appointment letter under duress, or that the period fixed therein was
imposed to preclude acquisition of tenurial security by the employee; it was ruled that
the driver was a project employee. It was further ruled that where he was dismissed
without a valid or just cause prior to the expiration of the duration of employment, he
would be only entitled to the wages corresponding to the unexpired portion of his
employment but not to reinstatement considering that the project to which he was
assigned was already completed. (Concrete Solutions, Inc. etc. vs. Cabusas, G. R. No.
177812, June 19, 2013)
FACTUAL REVIEW UNDER RULE 45; WHEN WARRANTED
The rule that only questions of law may be raised in a petition brought under Rule 45 of
the Rules of Court is not without exception. Factual review may warrant when the factual
findings of the NLRC are contrary to those of the Labor Arbiter and the CA; or when the CAs
findings of fact, supposedly premised on the absence of evidence, are contradicted by
evidence on record. In this case, the Labor Arbiter and the CA found no just cause to warrant
the dismissal of respondent. The NLRC, however, found otherwise. A factual review is,
therefore, in order. (Apo Cement Corporation vs. Baptisma, G. R. No. 176671, June 20, 2012)
TRANSFERS; GUIDELINES
Concerning the transfer of employees, these are the following jurisprudential
guidelines: (a) a transfer is a movement from one position to another of equivalent rank,
level or salary without break in the service or a lateral movement from one position to
another of equivalent rank or salary; (b) the employer has the inherent right to transfer
or reassign an employee for legitimate business purposes; (c) a transfer becomes
unlawful where it is motivated by discrimination or bad faith or is effected as a form of
punishment or is a demotion without sufficient cause; (d) the employer must be able to
show that the transfer is not unreasonable, inconvenient, or prejudicial to the employee.
It has been held that the transfer of the employee from Category Buyer to Provincial
Coordinator was not unreasonable, inconvenient, or prejudicial to her. She failed to
dispute that the job classifications of Category Buyer and Provincial Coordinator are
similar, or that they command a similar salary structure and responsibilities. The
Provincial Coordinators position does not involve mere clerical functions but requires
the exercise of discretion from time to time, as well as independent judgment, since the
Provincial Coordinator gives appropriate recommendations to management and
ensures the faithful implementation of policies and programs of the company. It even
has influence over a Category Buyer because of its recommendatory function that
enables the Category Buyer to make right decisions on assortment, price and quantity
of the items to be sold by the store. (Peckson vs. Robinsons Supermarket Corporation
et al., G. R. No. 198534, July 3, 2013)
REINSTATEMENT WITHOUT BACKWAGES
As a general rule, an illegally dismissed employee is entitled to reinstatement (or
separation pay, if reinstatement is not viable) and payment of full backwages. In certain
11
cases, however, the Court has carved out an exception to the foregoing rule and
thereby ordered the reinstatement of the employee without backwages on account of
the following: (a) the fact that dismissal of the employee would be too harsh of a
penalty; and (b) that the employer was in good faith in terminating the employee.
(Integrated Microelectronic, Inc. vs. Pionilla, G. R. No. 200222, August 28, 2013)
LOSS OF CONFIDENCE; WHEN A GROUND FOR DISMISSAL.
Loss of confidence applies to: (1) employees occupying positions of trust and
confidence, the managerial employees; and (2) employees who are routinely charged
with the care and custody of the employers money or property which may include rankand-file employees. Examples of rank-and-file employees who may be dismissed for
loss of confidence are cashiers, auditors, property custodians, or those who, in the
normal routine exercise of their functions, regularly handle significant amounts of money
or property. (Century Iron Works, Inc. vs. Baas, G. R. No. 184116, June 19, 2013)
PAYMENT OF SEPARATION BASED ON SOCIAL JUSTICE; REQUISITES.
As a general rule, an employee who has been dismissed for any of the just
causes enumerated under Article 282 of the Labor Code is not entitled to a separation
pay.
In exceptional cases, however, the Court has granted separation pay to a legally
dismissed employee as an act of "social justice" or on "equitable grounds." In both
instances, it is required that the dismissal (1) was not for serious misconduct; and (2)
did not reflect on the moral character of the employee. In the subsequent case
of Toyota Motor Philippines Corporation Workers Association (TMPCWA) v. National
Labor Relations Commission, (2007) it was further elucidated that "in addition to serious
misconduct, in dismissals based on other grounds under Art. 282 like willful
disobedience, gross and habitual neglect of duty, fraud or willful breach of trust, and
commission of a crime against the employer or his family, separation pay should not be
conceded to the dismissed employee.
Consequently, where the executive was dismissed from work because she
intentionally circumvented a strict company policy, manipulated another entity to carry
out her instructions without the companys knowledge and approval, and directed the
diversion of funds, which she even admitted doing under the guise of shortening the
laborious process of securing funds for promotional activities from the head office.
These transgressions were serious offenses that warranted her dismissal from
employment and proved that her termination from work was for a just cause. Hence,
she is not entitled to a separation pay. (Unilever Philippines, Inc. vs. Rivera, G. R. No.
201701, June 2, 2013)
SHIP CAPTAIN
EMPLOYEES.
AND
CHIEF
ENGINEER;
CONSIDERED
MANAGERIAL
The ship captain is considered a managerial employee since his duties involve
the governance, care and management of the vessel. The chief engineer is also a
managerial employee for he is tasked to take complete charge of the technical
operations of the vessel. As captain and as chief engineer, they perform functions
vested with authority to execute management policies and thereby hold positions of
responsibility over the activities in the vessel. Indeed, their position requires the full
trust and confidence of their employer for they are entrusted with the custody, handling
and care of company property and exercise authority over it. (Grand Asian Shipping
Lines, Inc. et al vs. Galvez et al., G. R. No. 178184, January 29, 2014)
12
13
14
(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.
15
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.
16
18
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
19
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 preterminate 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;
20
(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, wagerelated 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
21
ARTICLE X
FINAL PROVISIONS
SEC. 43. Separability Clause. If any provision or part of this Act is declared invalid or
unconstitutional, the remaining parts or provisions not affected shall remain in full force
and effect.
SEC. 44. Repealing Clause. All articles or provisions of Chapter III (Employment of
Househelpers) of Presidential Decree No. 442, as amended and renumbered by
Republic Act No. 10151 are hereby expressly repealed. All laws, decrees, executive
orders, issuances, rules and regulations or parts thereof inconsistent with the provisions
of this Act are hereby repealed or modified accordingly.
SEC. 45. Effectivity Clause. This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) national newspapers of
general circulation.
Approved,
(Sgd.) FELICIANO BELMONTE
JR.Speaker of the House
of Representatives
This Act which is a consolidation of Senate Bill No. 78 and House Bill No. 6144 was
finally passed by the Senate and the House of Representatives on November 27, 2012
and November 26, 2012, respectively.
(Sgd.) MARILYN B. BARUAYAPSecretary General
House of Representatives
23
the employer in all matters in connection with the performance of the work except as to
the results thereof.
RULE II
HIRING OF KASAMBAHAY
SECTION 1. Mode of Hiring. A Kasambahay can be hired directly by the
employer or indirectly through a licensed PEA.
SECTION 2. Cost of Hiring. The employer shall shoulder the cost of hiring of a
Kasambahay, whether he/she is hired through a PEA or a third party.
In no case shall the recruitment or finders fees be charged against the
Kasambahay.
SECTION 3. Deployment Expenses. The employer, whether the Kasambahay
is hired directly or through a PEA, shall pay the expenses directly used for his/her
transfer from place of origin to the place of work.
The employer may recover deployment costs from the Kasambahay whenever
the employment relationship is terminated within six (6) months without just cause.
SECTION 4. Pre-Employment Requirements. Prior to the execution of the
employment contract, the employer may require the following from the Kasambahay:
(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 Kasambahay such as voters identification card,
baptismal record or passport.
The foregoing shall be the standard requirements when the employment of the
Kasambahay is facilitated through a PEA.
The cost of the foregoing shall be borne by the prospective employer or the
agency, as the case may be.
SECTION 5. Employment Contract. Before the commencement of the
service, a written employment contract between the Kasambahay and the employer
shall be accomplished in three (3) copies. The contract shall be in a language or dialect
understood by both the Kasambahay and the employer, and shall include the following:
(a) Duties and responsibilities of the Kasambahay, which include the
responsibility to render satisfactory service at all times;
(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, if any;
(j) Termination of employment; and
(k) Any other lawful condition agreed upon by both parties.
26
(c) One Thousand Five Hundred Pesos (Php1,500.00) a month for those
employed in other municipalities.
After one (1) year from the effectivity of the Batas Kasambahay and periodically
thereafter, the Regional Tripartite Wages and Productivity Boards (RTWPBs) shall
review and if proper, determine and adjust the minimum wage rates of Kasambahay in
accordance with their rules and regulations taking into account the peculiarities of the
Kasambahay employment arrangement.
SECTION 3. Mode of Payment of Wages. The Kasambahay shall be paid
his/her wages in cash. No payment by means of promissory notes, vouchers, coupons,
tokens, tickets, chits, or any object other than cash shall be allowed.
SECTION 4. Frequency of Payment of Wages. The Kasambahay shall be
paid his/her wages at least once a month.
SECTION 5. Daily Rest Period. The Kasambahay shall be entitled to an
aggregate daily rest period of eight (8) hours per day.
SECTION 6. Weekly Rest Period. The Kasambahay shall be entitled to at
least twenty-four (24) consecutive hours of rest in a week. The employer and the
Kasambahay shall agree in writing on the schedule of the weekly rest day but the
preference of the Kasambahay, when based on religious grounds, shall be respected.
Nothing in this provision shall deprive the Kasambahay 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.
SECTION 7. Service Incentive Leave. A Kasambahay who has rendered at
least one (1) year of service shall be entitled to an annual service incentive leave of at
least five (5) days with pay.
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.
SECTION 8. Thirteenth-Month Pay. The Kasambahay who has rendered at
least one (1) month of service is entitled to a thirteenth-month pay which shall not be
less than one-twelfth (1/12) of his/her total basic salary earned in a calendar year.
The thirteenth-month pay shall be paid not later than December 24 of every year.
SECTION 9. Social Security Benefits. A Kasambahay who has rendered at
least one (1) month of service shall be covered by the Social Security System (SSS),
Employees Compensation Commission (ECC), Philippine Health Insurance Corporation
(PhilHealth), and Home Development Mutual Fund or Pag-IBIG, and shall be entitled to
all the benefits in accordance with their respective laws, rules and regulations.
Benefits under the SSS include sickness, maternity, disability, retirement, death
and funeral. A unified benefit package under PhilHealth includes Inpatient Hospital Care
and Outpatient Care.
Mandatory premium payments or contributions shall be shouldered by the
employer. However, if the Kasambahay is receiving a monthly wage rate of Five
29
Thousand Pesos (Php5,000.00) and above, the Kasambahay shall pay the
proportionate share in the premium payments or contributions, as provided by law.
In the event the Kasambahay avails of certain loan privileges from Pag-IBIG
Fund which require the payment of additional or upgraded contributions, the said
additional or upgraded contributions shall be shouldered solely by the Kasambahay.
The SSS, Pag-IBIG and PhilHealth shall develop a unified system of registration
and enrollment within six (6) months from the issuance of this IRR.
SECTION 10. Deduction for Loans/Debts. In case there are loans/debts, an
agreement may be made to deduct from the wages of the Kasambahay an amount
which shall not exceed 20% of his/her wages in a month.
An employer may agree to extend loan assistance to the Kasambahay at an
amount not exceeding the equivalent of his/her six (6) months salary.
This Section shall not apply to working children.
SECTION 11. Standard of Treatment. The Kasambahay shall be treated with
respect by the employer or any member of the household. He/she shall not be
subjected to any kind of abuse, including repeated verbal or psychological, nor be
inflicted with any form of physical violence or harassment or any act tending to degrade
his/her dignity, as defined under the Revised Penal Code, Violence Against Women and
their Children Law (RA 9262), Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act (RA 7610) as amended by RA 9231, Anti-Trafficking
in Persons Act of 2003 (RA 9208), and other applicable laws.
SECTION 12. Board, Lodging and Medical Attendance. The Kasambahay
shall be provided by the employer free basic necessities to include the following:
(a) At least three (3) adequate meals a day taking into consideration the
Kasambahays religious beliefs and cultural practices.
(b) Humane sleeping condition that respects the persons privacy for live-in
arrangement; and
(c) Appropriate rest and medical assistance, including first-aid medicine, in case
of illnesses and injuries sustained during service without loss of benefits.
For Kasambahay under live-out arrangement, he/she shall be provided space for
rest and access to toilet.
At no instance shall the employer withdraw or hold in abeyance the provision of
these basic necessities as punishment or disciplinary action to the Kasambahay.
SECTION 13. Guarantee of Privacy. The Kasambahay shall, at all times, be
respected of his/her privacy, including his/her privacy of communication and personal
effects.
SECTION 14. Access to Outside Communication. The Kasambahay shall be
granted access to outside communication during free time. In case of emergency,
access to communication shall be granted even during work time.
Should the Kasambahay use the employers telephone or other communication
facilities, the costs shall be borne by the Kasambahay, unless waived by the employer.
SECTION 15. Opportunities for Education and Training. The Kasambahay
shall be afforded the opportunity to finish basic education, consisting of elementary and
secondary education. He/she may be allowed access to alternative learning systems
30
31
(c) The original employer shall be responsible for any liability incurred by the
Kasambahay on account of such arrangement; and
(d) The original employer is not charging any amount from the other household
for the arrangement.
The other household where the Kasambahay is temporarily assigned is solidarily
liable with the original employer for any nonpayment of wages during such temporary
assignment.
The temporary performance referred herein shall not exceed thirty (30) days per
assignment.
It shall be unlawful for the original employer to charge any amount from the said
household where the service of the Kasambahay was temporarily performed.
SECTION 12. Health and Safety. The employer shall safeguard the safety and
health of the Kasambahay in accordance with the standards which the DOLE shall
develop through the Bureau of Working Conditions (BWC) and the Occupational Safety
and Health Center (OSHC) six (6) months after the promulgation of this IRR. The said
standards shall take into account the peculiar nature of domestic work.
RULE VI
STANDARDS FOR EMPLOYMENT OF WORKING CHILDREN
SECTION 1. General Prohibition. It shall be unlawful to employ any person
below fifteen (15) years of age as Kasambahay.
SECTION 2. Employment of Working Children. Pursuant to Republic Act No.
9231 (An Act Providing for the Elimination of the Worst Forms of Child Labor and
Affording Stronger Protection for the Working Child, Amending for this Purpose Republic
Act No. 7610, As Amended, Otherwise known as the Special Protection of Children
Against Child Abuse, Exploitation and Discrimination Act), working children shall not be
subjected to the following:
(a) Work for more than eight (8) hours a day and beyond forty (40) hours a week;
(b) Work between ten oclock in the evening and six oclock in the morning of the
following day; and
(c) Work which is hazardous or likely to be harmful to the health, safety or morals
of children, as defined under existing laws and regulations.
SECTION 3. Benefits of Working Children. Working children shall be entitled
to minimum wage, and all benefits provided under the Batas Kasambahay, which
include access to education and training.
SECTION 4. Programs for the Elimination of Worst Forms of Child Labor in
Domestic Work. The DOLE, through the National Anti-Child Labor Committee
(NCLC) and in collaboration with the NCLC member-agencies, shall continue to
implement programs to withdraw, rescue, and rehabilitate working children below fifteen
(15) years of age. The NCLC shall ensure that working children and their families are
provided with access to education, access to productive resources, and that measures
are in place to ensure compliance with the standards for employment of children in
domestic work as prescribed in this Rule.
33
RULE VII
POST EMPLOYMENT
SECTION 1. Pre-Termination of Employment. (a) In case the duration of
employment is specified in the contract, the Kasambahay and the employer may
mutually agree upon notice to terminate the contract of employment before the
expiration of its term.
(b) In case the duration is not determined by stipulation or by nature of service,
the employer or the Kasambahay may give notice to end the employment relationship
five(5) days before the intended termination of employment.
SECTION 2. Termination of Employment Initiated by the Kasambahay. The
Kasambahay 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 Kasambahay by the employer or any
member of the household;
(b) Inhuman treatment including physical abuse of the Kasambahay by the
employer or any member of the household;
(c) Commission of a crime or offense against the Kasambahay 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 IRR;
(e) Any disease prejudicial to the health of the Kasambahay, the employer, or
member/s of the household; and
(f) Other causes analogous to the foregoing.
If the Kasambahay leaves without cause, any unpaid salary due, not exceeding
the equivalent of fifteen (15) days work, shall be forfeited. In addition, the employer may
recover from the Kasambahay deployment expenses, if any, if the services have been
terminated within six (6) months from employment.
SECTION 3. Termination of Employment Initiated by the Employer. An
employer may terminate the employment of the Kasambahay at any time before the
expiration of the contract for any of the following causes:
(a) Misconduct or willful disobedience by the Kasambahay of the lawful order of
the employer in connection with the formers work;
(b) Gross or habitual neglect or inefficiency by the Kasambahay in the
performance of duties;
(c) Fraud or willful breach of the trust reposed by the employer on the
Kasambahay;
(d) Commission of a crime or offense by the Kasambahay against the person of
the employer or any immediate member of the employers family;
(e) Violation by the Kasambahay of the terms and conditions of the employment
contract and other standards set forth under this IRR;
(f) Any disease prejudicial to the health of the Kasambahay, the employer, or
member/s of the household; and
(g) Other causes analogous to the foregoing.
If the employer dismissed the Kasambahay for reasons other than the above,
he/she shall pay the Kasambahay earned compensation plus indemnity in the amount
equivalent to fifteen (15) days work.
34
The DOLE-Regional Office shall ensure facilities for one-stop registration for
Kasambahay during job fairs.
SECTION 3. Continuous Registration. The Punong Barangay shall designate
a Registration/Kasambahay Desk in the Barangay Hall to accommodate continuous
registration by the employers.
SECTION 4. Kasambahay Masterlist. The Punong Barangay shall maintain
and update the Kasambahay Masterlist in the barangay. The barangays through the
Kasambahay Desks shall submit reports to the local government units (LGUs), through
the PESOs on data regarding registration of the Kasambahay.
The LGUs shall submit a monthly report to the DILG for monitoring and data
analysis. The report shall be made available to the DOLE and other concerned
government agencies.
SECTION 5. Disclosure of Information. The processing of personal
information under this Rule shall be allowed, subject to compliance with the
requirements of Republic Act No. 10173 (Data Privacy Act of 2012) and other laws
allowing disclosure of information to the public and adherence to the principles of
transparency, legitimate purpose and proportionality.
RULE X
RESCUE AND REHABILITATION OF ABUSED KASAMBAHAY
SECTION 1. Rescue of Abused Kasambahay. Any abused Kasambahay
shall be immediately rescued by a municipal or city social welfare officer in coordination
with the concerned barangay officials and the proper law enforcement personnel.
SECTION 2. Definition and Coverage of Abuse. Abuse shall refer to any act
or a series of acts committed by an employer or any member of his/her household
against any Kasambahay which results in or is likely to result in physical, sexual,
psychological harm or economic abuse including threats of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to,
the following acts:
(a) Physical violence refers to acts that include bodily or physical harm;
(b) Sexual violence refers to an act which is sexual in nature, committed against
a Kasambahay. It includes, but is not limited to:
(1) Rape, sexual harassment, acts of lasciviousness, treating the Kasambahay
as a sex object, making demeaning and sexually suggestive remarks, physically
attacking the sexual parts of the Kasambahays body, forcing him/her to watch obscene
publications and indecent shows or forcing him/her to do indecent acts and/or make
films thereof.
(2) Acts causing or attempting to cause the Kasambahay to engage in any sexual
activity including prostitution by force, threat of force, physical or other harm or threat of
physical or other harm or coercion.
(c) Psychological violence refers to acts or omissions causing or likely to cause
mental or emotional suffering to the Kasambahay such as but not limited to intimidation,
threats, harassment, stalking, damage to property, public ridicule or humiliation and
repeated verbal abuse;
36
In the event that the above-mentioned services are not available at the local
level, the LSWDOs may seek the assistance from the DSWD to provide such services
to the abused Kasambahay.
At all times, the LSWDOs and DSWD shall adopt a gender responsive, rights-based and
culture-sensitive approach to service delivery to facilitate the recovery, rehabilitation and
reintegration of the Kasambahay in mainstream society. The LSWDOs shall also ensure
that the necessary after-care services are made available at least for the next six (6)
months for the reintegrated Kasambahay.
RULE XI
SETTLEMENT/DISPOSITION OF LABOR RELATED-DISPUTES
SECTION 1. Mechanism for Settlement of Disputes. (a) All labor-related
disputes shall be filed before the DOLE Field/Provincial/Regional Office having jurisdiction
over the workplace. Such disputes shall go through the thirty-day (30) mandatory
conciliation-mediation to exhaust all efforts for settlement.
SECTION 2. Appeal. Issues unresolved through settlement shall be referred to the
proper DOLE Regional Office for decisions. The same shall be appealable to the Office of
the Secretary of DOLE, whose decision shall be final and executory.
SECTION 3. Other Cases. Ordinary crimes or offenses committed by either party
under the Revised Penal Code and other special penal laws shall be filed with the
appropriate courts.
RULE XII
UNLAWFUL ACTS AND PENALTIES
SECTION 1. Unlawful Acts. The following acts are declared unlawful:
(a) Employment of Children below 15 years of age (Section 16, Batas Kasambahay);
(b) Withholding of Wages of the Kasambahay (Section 28, Batas Kasambahay);
(c) Interference in the Disposal of the wages of the Kasambahay (Section 27, Batas
Kasambahay);
(d) Requiring deposits for loss or damage (Section 14, Batas Kasambahay);
(e) Placing the Kasambahay under Debt Bondage (Section 15, Batas Kasambahay);
and
(f) Charging another household for temporarily performed tasks (Section 23, Batas
Kasambahay).
RULE XIII
SPECIAL PROVISIONS
SECTION 1. Information Dissemination and Training Program. Immediately
after the enactment of this IRR, the DOLE, in coordination with the DILG, DSWD, SSS,
ECC, PhilHealth and Pag-IBIG and other stakeholders, shall develop and implement a
continuous information dissemination program on the provisions of this IRR, particularly
to build the capacities of local government units and officers assigned to the
Kasambahay Desks in fulfilling their mandate.
The employers, Kasambahay association or organization, civil society groups
and labor organizations shall be tapped in the dissemination of information on the
provisions of this IRR.
SECTION 2. Araw Ng Mga Kasambahay. Every 18th day of January shall
be designated as Araw ng mga Kasambahay.
RULE XIV
MISCELLANEOUS PROVISIONS
SECTION 1. Transitory Provision. All existing arrangements between a
Kasambahay and the employer shall be adjusted to conform to the minimum standards
set by this IRR.
SECTION 2. Non-Diminution of Benefits. Nothing in this IRR shall be
construed to cause the diminution or substitution of any benefits and privileges currently
enjoyed by the Kasambahay hired directly or through an agency.
SECTION 3. Oversight Function of the National Tripartite Industrial Peace
Council (NTIPC). The NTIPC created under Executive Order No. 49, Series of 1988,
as amended, shall serve as the oversight committee to verify and monitor the
implementation and enforcement of the provisions of this IRR.
RULE XV
FINAL PROVISIONS
SECTION 1. Separability Clause. If any part or provisions of this IRR declared
to be invalid or unconstitutional, the other parts or provisions not affected shall remain in
full force and effect.
SECTION 2. Repealing Clause. All laws, decrees, executive orders,
issuances, rules and regulations or parts thereof inconsistent with the provisions of this
IRR are hereby repealed or modified accordingly.
SECTION 3. Effectivity Clause. This IRR shall take effect fifteen (15) days
after its complete publication in two (2) national newspapers of general circulation.
Manila, Philippines, ______________, 2013.
ROSALINDA DIMAPILIS-BALDOZ
Secretary
Department of Labor and Employment
MAR A. ROXAS
Secretary
Department of Interior and Local Government
39
40
41
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.
42
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.
SEC. 9. Separability Clause. If any portion of this Act is declared unconstitutional, the
same shall not affect the validity and effectivity of the other provisions not affected
thereby.
SEC. 10. Repealing Clause. All laws, acts, decrees, executive orders, rules and
regulations or other issuances or parts thereof, which are inconsistent with this Act, are
hereby modified and repealed.
SEC. 11 Effectivity Clause. This Act shall take effect after fifteen (15) days following
its publication in two (2) national newspapers of general circulation.
- end -
43