SOCIAL LEGISLATION

State Solicitor Erika Frances S. Buluran

WORKERS' WELFARE LAW

SOLO PARENTS ACT OF 2000

BATAS KASAMBAHAY OF 2012
ANTI-AGE DISCRIMINATION IN
EMPLOYMENT ACT OF 2017
(RA 10911)
BATAS KASAMBAHAY
DECLARATION OF PRINCIPLES
The State adheres to internationally accepted
working conditions for workers in general,
and establishes labor standards for domestic
workers in particular, towards decent
employment and income, enhanced coverage
of social protection, respect for human rights
and strengthened social dialogue;
BATAS KASAMBAHAY
DECLARATION OF PRINCIPLES
The State recognizes the need to protect the
rights of domestic workers against abuse,
harassment, violence, economic exploitation
and performance of work that is hazardous to
their physical and mental health;
BATAS KASAMBAHAY
DECLARATION OF PRINCIPLES
The State, in protecting domestic workers and
recognizing their special needs to ensure safe
and healthful working conditions, promotes
gender-sensitive measures in the formulation
and implementation of policies and programs
affecting the local domestic work.
* See Articles 6 and 82 of Labor Code
BATAS KASAMBAHAY
PRE-EMPLOYMENT CONDITIONS
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 duties of the
domestic and other terms and conditions of
employment
BATAS KASAMBAHAY
PRE-EMPLOYMENT CONDITIONS
SEC. 12. Pre-Employment Requirement. – Prior to
the execution of the employment contract, the
employer may require the following from the
domestic worker:
(a) Medical certificate or a health certificate issued
by a local government health officer;
(b) Barangay and police clearance;
BATAS KASAMBAHAY
PRE-EMPLOYMENT CONDITIONS
(c) National Bureau of Investigation (NBI)
clearance; and
(d) Duly authenticated birth certificate or if not
available, any other document showing the age of
the domestic worker such as voter’s identification
card, baptismal record or passport.
BATAS KASAMBAHAY
PRE-EMPLOYMENT PROHIBITIONS
No charging of finder's fee
No charging of deposit for loss or damage
No debt-bondage
No hiring of domestics below 15 years old
*Any employer who has been sentenced by a court of law of any
offense against a working child under this Act shall be meted out
with a penalty one degree higher and shall be prohibited from hiring
a working child.
BATAS KASAMBAHAY
PRE-EMPLOYMENT PROHIBITIONS
DEBT BONDAGE - 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.
BATAS KASAMBAHAY

EMPLOYMENT
TERMS AND CONDITIONS
BATAS KASAMBAHAY
RIGHTS AND PRIVILEGES
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.
BATAS KASAMBAHAY
RIGHTS AND PRIVILEGES
Board and Lodging, Medical Assistance
Privacy
Access to Outside Communication
Access to Education and Training
BATAS KASAMBAHAY

SEC. 20. Daily Rest Period. – The

domestic worker shall be entitled to an
aggregate daily rest period of eight (8)
hours per day.
*Cf. Article 83 of Labor Code
BATAS KASAMBAHAY
SEC. 21. Weekly Rest Period. – The domestic
worker shall be entitled to at least twenty-four
(24) consecutive hours of rest in a week. The
employer and the domestic worker shall agree in
writing on the schedule of the weekly rest day
of the domestic worker: Provided, That the
employer shall respect the preference of the
domestic worker as to the weekly rest day when
such preference is based on religious grounds
* See Art. 91 of Labor Code
BATAS KASAMBAHAY
Exceptions:
(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.
BATAS KASAMBAHAY
SEC. 22. Assignment to Nonhousehold Work.
– No domestic worker shall be assigned to
work in a commercial, industrial or
agricultural enterprise at a wage rate lower
than that provided for agricultural or
nonagricultural workers. In such cases, the
domestic worker shall be paid the applicable
minimum wage.
* See Art. 145, Labor Code
BATAS KASAMBAHAY
SEC. 23. Extent of Duty. – The domestic
worker and the employer may mutually agree
for the former to temporarily perform a task
that is outside the latter’s household for the
benefit of another household. However, any
liability that will be incurred by the domestic
worker on account of such arrangement shall
be borne by the original employer.
BATAS KASAMBAHAY
Work performed outside the household shall
entitle the domestic worker to an additional
payment of not less than the existing
minimum wage rate of a domestic worker. It
shall be unlawful for the original employer to
charge any amount from the said household
where the service of the domestic worker was
temporarily performed.
BATAS KASAMBAHAY
MINIMUM WAGE
(a) Two thousand five hundred pesos (P2,500.00) a
month for those employed in NCR;
(b) Two thousand pesos (P2,000.00) a month for
those employed in chartered cities and first class
municipalities; and
(c) One thousand five hundred pesos (P1,500.00) a
month for those employed in other municipalities.
BATAS KASAMBAHAY
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.
BATAS KASAMBAHAY

The domestic worker is entitled to a

thirteenth month pay as provided for
by law.
BATAS KASAMBAHAY
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.
BATAS KASAMBAHAY
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 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.
BATAS KASAMBAHAY
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.
BATAS KASAMBAHAY
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.

Cf. Art. 95 of Labor Code

BATAS KASAMBAHAY
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.
BATAS KASAMBAHAY
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
BATAS KASAMBAHAY

POST- EMPLOYMENT
BATAS KASAMBAHAY
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 worker’s
employment.
BATAS KASAMBAHAY
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.
BATAS KASAMBAHAY
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;
BATAS KASAMBAHAY
SEC. 33. Termination Initiated by the Domestic
Worker. –
(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;
BATAS KASAMBAHAY
SEC. 33. Termination Initiated by the Domestic
Worker. –
(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.
BATAS KASAMBAHAY
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 former’s work;
(b) Gross or habitual neglect or inefficiency by the
domestic worker in the performance of duties;
(c) Fraud or willful breach of the trust reposed by the
employer on the domestic worker;
BATAS KASAMBAHAY
SEC. 34. Termination Initiated by the Employer. –
(d) Commission of a crime or offense by the domestic
worker against the person of the employer or any
immediate member of the employer’s family;
(e) Violation by the domestic worker of the terms and
conditions of the employment contract and other standards
set forth under this law;
(f) Any disease prejudicial to the health of the domestic
worker, the employer, or member/s of the household; and
(g) Other causes analogous to the foregoing.
BATAS KASAMBAHAY
SETTLEMENT OF DISPUTES
SEC. 37. Mechanism for Settlement of Disputes. – All
labor-related disputes shall be elevated to the DOLE
Regional Office having jurisdiction over the workplace
without prejudice to the filing of a civil or criminal action
in appropriate cases. The DOLE Regional Office shall
exhaust all conciliation and mediation efforts before a
decision shall be rendered.
BATAS KASAMBAHAY
PENAL AND MISCELLANEOUS
PROVISIONS
SEC. 40. Penalty. – Any violation of the provisions
of this Act declared unlawful shall be punishable
with a fine of not less than Ten thousand pesos
(P10,000.00) but not more than Forty thousand
pesos (P40,000.00) without prejudice to the filing
of appropriate civil or criminal action by the
aggrieved party.
 ANTI-AGE
DISCRIMINATION ACT

SEC . 2. Declaration of Policies. - The State shall

promote equal opportunities in employment for
everyone. To this end, it shall be the policy of the
State to:
a. Promote employment of individuals on the basis
of their abilities, skills, and qualifications rather
than their age.
 ANTI-AGE
DISCRIMINATION ACT

SEC . 2. Declaration of Policies. -

b. Prohibit arbitrary age limitations in
employment.
c. Promote the rights of all employees and
workers, regardless of age, to be treated equally in
terms of compensation, benefits, promotion,
training, and other employment opportunities.
 ANTI-AGE
DISCRIMINATION ACT

SEC . 4. PROHIBITION OF DISCRIMINATION

IN EMPLOYMENT ON ACCOUNT OF AGE. -
a. Prohibition upon employers:
1. Print or publish or cause to be printed or
published, in any form of media, including the
internet, any notice of advertisement relating to
employment suggesting preferences, limitations,
specifications and discrimination based on age;
 ANTI-AGE
DISCRIMINATION ACT
SEC . 4. PROHIBITION OF DISCRIMINATION
IN EMPLOYMENT ON ACCOUNT OF AGE. -
a. Prohibition upon employers:
2. Require the declaration of age or birthdate during the
application process;
3. Decline any employment application because of the
individual's age;
4. Discriminate against any individual in terms of
compensation, terms and conditions or privileges of
employment on account of such individual's age;
 ANTI-AGE
DISCRIMINATION ACT
SEC . 4. PROHIBITION OF DISCRIMINATION
IN EMPLOYMENT ON ACCOUNT OF AGE. -
a. Prohibition upon employers:
5. Deny any employee's or worker's promotion or
opportunity for training because of age;
6. Forcibly lay off an employee or worker because of old
age;
7. Impose early retirement on the basis of such employee's
or worker's age
 ANTI-AGE
DISCRIMINATION ACT
SEC . 4. PROHIBITION OF DISCRIMINATION IN
EMPLOYMENT ON ACCOUNT OF AGE. -
B. Prohibition upon labor contractor/subcontractor:

- To refuse to refer for employment or otherwise

discriminate against any individual because of such
person's age
 ANTI-AGE
DISCRIMINATION ACT
SEC . 4. PROHIBITION OF DISCRIMINATION IN
EMPLOYMENT ON ACCOUNT OF AGE. -
C. Prohibition upon labor organizations:
1. To deny membership to any individual because of such
individual's age;
2. Exclude from its membership any individual because of
such individual's age; or
3. Cause or attempt to cause an employer to discriminate
against any individual in violation of this Rules.
 ANTI-AGE
DISCRIMINATION ACT
SEC . 4. PROHIBITION OF DISCRIMINATION IN
EMPLOYMENT ON ACCOUNT OF AGE. -
D. Prohibition upon publishers:

- It shall be unlawful for a publisher to print or publish any

notice of advertisement relating to employment suggesting
preferences, limitations, specifications, and discrimination
based on age.
 ANTI-AGE
DISCRIMINATION ACT
SEC. 5. EXCEPTIONS.
Age limitations shall be lawful in the ff. instances:
a. Age is a bona fide occupational qualification reasonably
necessary in the normal operation of a particular business or
where the differentiation is based on reasonable factors other
than age;
b. The intent is to observe the terms of bona fide seniority
system that is not intended to evade the purpose of this Rule.
 ANTI-AGE
DISCRIMINATION ACT
SEC. 5. EXCEPTIONS.
Age limitations shall be lawful in the ff. instances:
c. The intent is to observe the terms of a bona fide employee
retirement or a voluntary early retirement plan consistent
with the purpose of this Rule. Provided, That such
retirement or voluntary retirement plan is in accordance with
the Labor Code, as amended.
d. The action is duly certified by the Secretary of Labor and
Employment after consultation with the stakeholders in
accordance with the purpose of this Rule
 ANTI-AGE
DISCRIMINATION ACT
SEC. 5. EXCEPTIONS.
- Requisite for Imposition of Age Limitations
An employer who invokes the qualifications as
provided herein, shall submit a report prior to its
implementation to the DOLE Regional Office which
has jurisdiction over the workplace. The submission
of the report shall be presumption that the age
limitation is in accordance with this Rules unless
proven otherwise by the court.
 ANTI-AGE
DISCRIMINATION ACT
SEC. 5. EXCEPTIONS.

NOTA BENE: Failure to submit said report shall

give rise to the presumption that the employer is not
allowed to set age limitation.
 ANTI-AGE
DISCRIMINATION ACT
SEC. 5. PENALTY.

Any violation of this Act shall be punished with a

fine of not less than P50,000 but not more than
P500,000, OR imprisonment of not less than 3
months but not more than 2 years, or both, at the
discretion of the court.
If violation is committed by a corporation or other
juridical entity, penalty shall be imposed upon the
guilty officer/s of such entity