[REPUBLIC ACT NO.

10361]

AN ACT INSTITUTING POLICIES FOR THE PROTECTION

AND WELFARE OF DOMESTIC WORKERS

SECTION 1. Short Title. – This Act shall be known as the “Domestic Workers Act” or
“Batas Kasambahay”.

SEC. 2. Declaration of Policies. – It is hereby declared that:

(a) The State strongly affirms labor as a primary social force and is committed to respect,
promote, protect and realize the fundamental principles and rights at work including, but
not limited to, abolition of child labor, elimination of all forms of forced labor, discrimination
in employment and occupation, and trafficking in persons, especially women and children;

(b) 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;

(c) 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; and

(d) 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

xxx

SEC. 4. Definition of Terms. – As used in this Act, the term:

xxx

(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.

XXX

ICLE 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.

XXX

ARTICLE IV

EMPLOYMENT – TERMS AND CONDITIONS

SEC. 19. Health and Safety. – The employer shall safeguard the health and safety of the
domestic worker in accordance with laws, rules and regulations, with due consideration
of the peculiar nature of domestic work.

SEC. 20. Daily Rest Period. – The domestic worker shall be entitled to an aggregate daily
rest period of eight (8) hours per day.

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. Nothing
in this provision shall deprive the domestic worker 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.

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.

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. In
addition, such 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.

SEC 24. Minimum Wage. – The minimum wage of domestic workers shall not be less
than the following:

(a) Two thousand five hundred pesos (P2,500.00) a month for those employed in the
National Capital Region (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.

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.

XXX

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 worker’s 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 pre-
terminate 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 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;

(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.

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.

WHETHER OR NOT PRIVATE COMPLAINANTS ARE EMPLOYEES OF

__________

In determining the existence of an employer-employee relationship, this

Court has generally relied on the four-fold test, to wit: (1) the selection and
engagement of the employee; (2) the payment of wages; (3) the power of
dismissal; and (4) the employer’s power to control the employee with respect to
the means and methods by which the work is to be accomplished.1 Among the
four, the most determinative factor in ascertaining the existence of employer-
employee relationship is the "right of control test." It is deemed to be such an
important factor that the other requisites may even be disregarded."2

1 Bernarte v. Philippine Basketball Association (PBA), supra note 24; Sandigan Savings and Loan Bank, Inc. v. National
Labor Relations Commission, 324 Phil. 348, 358 (1996); Sonza v. ABS-CBN Broadcasting Corporation, G.R. No.
138051, June 10, 2004, 431 SCRA 583, 594-595.
2 Sandigan Savings and Loan Bank, Inc. v. National Labor Relations Commission, supra note 29.
 There is no hard and fast rule designed to establish the aforesaid elements.
Any competent and relevant evidence to prove the relationship may be admitted.
Identification cards, cash vouchers, social security registration, appointment
letters or employment contracts, payrolls, organization charts, and personnel
lists, serve as evidence of employee status

In this case ________________________________

WHETHER OR NOT PRIVATE COMPLAINANTS ARE REGULAR EMPLOYEES OF _____________

That the complainant is a regular employee of respondents, and thus,

entitled to security of tenure. The applicable law of the instant case is Article 280
of the Labor Code, which states that:

Art 280. Regular and Casual Employment- The provisions of written agreement to the
contrary notwithstanding and regardless of the oral agreement of the parties, an employment
shall be deemed to be regular where the employee has been engaged to perform activities
which are usually necessary or desirable in the usual business or trade of the employer,
except where the employment has been fixed for a specific project or undertaking the
completion or termination of which has been determined at the time of the engagement of
the employee or where the work or services to be performed is seasonal in nature and the
employment is for the duration of the season (Underscoring supplied)

Art. 281. Probationary Employment- Probationary employment shall not exceed six
(6) months from the date the employee started working, unless it is covered by an
apprenticeship agreement stipulating a longer period. The services of an employee who has
been engaged on a probationary basis may be terminated for a just cause or when he fails to
qualify as a regular employee in accordance with reasonable standards made known by the
employer to the employee at the time of his engagement. An employee who is allowed to
work after a probationary period shall be considered a regular employee.3

3 Art. 281 of the Labor Code of the Philippines

ISSUE III. COMPLAINANT WAS ILLEGALLY DISMISSED FROM WORK

Termination is Without “Just Cause” or Authorized cause

In the case at bar, complainants were clearly illegally dismissed. There

was illegal dismissal because they were dismissed without just or authorized
cause. Article 282 of the Labor Code of the Philippines says:

Article 282. Termination by employer. An employer may terminate an employment

for any of the following causes:

[a] Serious misconduct or willful disobedience by the employee of the lawful orders of his
employer or representative in connection with his work;

[b] Gross and habitual neglect by the employee of his duties;

[c] Fraud or willful breach by the employee of the trust reposed in him by his employer or duly
authorized representative;

[d] Commission of a crime or offense by the employee against the person of his employer of
any immediate member of his family or his duly authorized representative; and

[e] Other causes analogous to the foregoing.

Article 283 of the Labor Code is also pertinent to this case, to wit:

Article 283. Closure of establishment and reduction of personnel. The employer may
also terminate the employment of any employee due to the installation of labor-saving
devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation
of the establishment or undertaking unless the closing is for the purpose of circumventing the
provisions of this Title, by serving a written notice on the workers and the Ministry of Labor
and Employment at least one (1) month before the intended date thereof. In case of
termination due to the installation of labor-saving devices or redundancy, the worker affected
thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or
to at least one (1) month pay for every year of service, whichever is higher. In case of
retrenchment to prevent losses and in cases of closures or cessation of operations of
establishment or undertaking not due to serious business losses or financial reverses, the
 separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay
for every year of service, whichever is higher. A fraction of at least six (6) months shall be
considered one (1) whole year.

The procedure for terminating an employee is found in Book VI, Rule I,

Section 2(d), of the Omnibus Rules Implementing the Labor Code:

(d) In all cases of termination of employment, the following standards of due process
shall be substantially observed:

I. For termination of employment based on just causes as defined in

Article 282 of the Labor Code:

(i) A written notice served on the employee specifying the ground or

grounds for termination, and giving said employee reasonable
opportunity within which to explain his side.

(ii) A hearing or conference during which the employee concerned,

with the assistance of counsel if he so desires is given opportunity to
respond to the charge, present his evidence, or rebut the evidence
presented against him.

(iii) A written notice of termination served on the employee, indicating

that upon due consideration of all the circumstances, grounds have
been established to justify his termination.

In case of termination, the foregoing notices shall be served on the employees last known
address.

II. For termination of employment as based on authorized causes defined in Article

283 of the Code, the requirements of due process shall be deemed complied with upon
service of a written notice to the employee and the appropriate Regional Office of
the Department at least thirty (30) days before the effectivity of the termination,
specifying the ground or grounds for termination.

III. If the termination is brought about by the completion of the contract or phase
thereof, no prior notice is required. If the termination is brought about by the failure
of an employee to meet the standards of the employer in the case of probationary
employment, it shall be sufficient that a written notice is served the employee within
a reasonable time from the effective date of termination.
 In dismissing an employee based on just cause, the employer has the
burden of proving that the former worker has been served two notices: (1) one
to apprise him of the particular acts or omissions for which his dismissal is sought,
and (2) the other to inform him of his employer’s decision to dismiss him.4 In Tan
v. NLRC,5 it was held that the first notice must state that dismissal is sought for
the act or omission charged against the employee, otherwise, the notice cannot
be considered sufficient compliance with the rules.

Also, in Maquiling v. Philippine Tuberculosis Society, Inc.,6 it was stressed

that the first notice must inform outright the employee that an investigation will
be conducted on the charges particularized therein which, if proven, will result to
his dismissal. Such notice must not only contain a plain statement of the charges
of malfeasance or misfeasance but must categorically state the effect on his
employment if the charges are proven to be true. The rationale for this rule was
explained by the Court as follows:

This notice will afford the employee an opportunity to avail all defenses and
exhaust all remedies to refute the allegations hurled against him for what is at stake
is his very life and limb his employment. Otherwise, the employee may just disregard
the notice as a warning without any disastrous consequence to be anticipated. Absent
such statement, the first notice falls short of the requirement of due process. One’s
work is everything, thus, it is not too exacting to impose this strict requirement on the
part of the employer before the dismissal process be validly effected. This is in
consonance with the rule that all doubts in the implementation and interpretation of
the provisions of the Labor Code, including its implementing rules and regulations,
shall be resolved in favor of labor.

IN THIS CASE _____________________________________________

WHETHER OR NOT COMPLAINANTS ARE ENTITLED TO THE FOLLOWING

MONETARY CLAIMS:

A. BACKWAGES and SEPARATION PAY IN LIEU OF REINSTATEMENT:

B. THIRTEENTH MONTH PAY

4 Tan v. NLRC, 359 Phil. 499, 516 (1998).

5 Id. at 516-517.
6 G.R. No. 143384, February 4, 2005, 450 SCRA 465, 477.
 C. MORAL AND EXEMPLARY DAMAGES

D. ATTORNEY’S FEES

A. BACKWAGES and SEPARATION PAY in

lieu of REINSTATEMENT

Complainant is entitled to Backwages and Separation Pay in lieu of

reinstatement based on Art. 279 of the Labor Code, to wit:

Article 279. Security of tenure. In cases of regular employment, the employer shall
not terminate the services of an employee except for a just cause or when authorized by this
Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement
without loss of seniority rights and other privileges and to his full backwages, inclusive of
allowances, and to his other benefits or their monetary equivalent computed from the time
his compensation was withheld from him up to the time of his actual reinstatement. (As
amended by Section 34, Republic Act No. 6715, March 21, 1989)

SEPARATION PAY in lieu of REINSTATEMENT

In Macasero v. Southern Industrial Gases Philippines, Supreme Court ruled

that under Article 279 of the Labor Code and as held in a catena of cases, an
employee who is dismissed without just cause and without due process is entitled
to backwages and reinstatement or payment of separation pay in lieu thereof:
Thus, an illegally dismissed employee is entitled to two reliefs:
backwages and reinstatement. The two reliefs provided are separate
and distinct. In instances where reinstatement is no longer feasible
because of strained relations between the employee and the employer,
separation pay is granted. In effect, an illegally dismissed employee is
entitled to either reinstatement, if viable, or separation pay if
reinstatement is no longer viable, and backwages.

The normal consequences of respondents illegal dismissal,

then, are reinstatement without loss of seniority rights, and payment of
backwages computed from the time compensation was withheld up to
the date of actual reinstatement. Where reinstatement is no longer
 viable as an option, separation pay equivalent to one (1) month salary
for every year of service should be awarded as an alternative. The
payment of separation pay is in addition to payment of
backwages. (emphasis, italics and underscoring supplied)

Velasco v. National Labor Relations Commission emphasizes:

The accepted doctrine is that separation pay may avail in lieu of reinstatement
if reinstatement is no longer practical or in the best interest of the parties. Separation
pay in lieu of reinstatement may likewise be awarded if the employee decides not to be
reinstated. (emphasis in the original; italics supplied)

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.7
The normal consequences of a finding that an employee has been illegally
dismissed (there being no valid cause), are that the employee becomes entitled
to reinstatement to his prior position without loss of seniority rights and payment
of back wages. Reinstatement restores the employee who was unjustly dismissed
to the position from which he was removed, that is to his status quo ante
dismissal, while the grant of back wages allows the same employee to recover
from the employer that which he has lost by way of wages as a result of
dismissal.8

The Supreme Court held that “the filing of the complaint for illegal
dismissal and the bitter incidents that followed could have surrendered the
erstwhile harmonious relationship between the parties. The employee may
find it uncomfortable to continue working under the hostile and watchful eyes of
the employer, ready to detect, for purposes of disciplinary action, every small
shortcoming of the employee.9

7
Coca Cola v. Daniel, G.R. No. 156893, June 21, 2005, 460 SCRA 494.
8 Santos vs. NLRC, G.R No. 76721, September 21, 1987
9 Hantex Trading Co. Inc et. Al vs. C.A G.R No 148241, September 27, 2002
 In the case at bar,

B. THIRTEENTH/13th MONTH PAY

The complainants herein are also entitled to the 13th month pay.. The
13th-month pay mandated by Presidential Decree (P.D.) No. 851 represents an
additional income based on wage but not part of the wage. It is equivalent to
one-twelfth (1/12) of the total basic salary earned by an employee within a
calendar year. All rank-and-file employees, regardless of their designation or
employment status and irrespective of the method by which their wages are paid,
are entitled to this benefit, provided that they have worked for at least one month
during the calendar year. If the employee worked for only a portion of the year,
the 13th-month pay is computed pro rata.

IN THIS CASE __________________________

Finally, with respect to proving the monetary claims of employees, the Supreme
Court ruled that –

“The burden of proving payment of monetary claims rests on the employer.

xxx. The reason for the rule is that pertinent files, payrolls, records, remittances
and other similar documents which will show that overtime, differentials, service
incentive leave and other claims of workers have been paid-are not in the
possession of the workers but in the custody and absolute control of the
employer.10

C. MORAL DAMAGES AND EXEMPLARY

DAMAGES

10Allan Villar et al vs. NLRC, Hi-Tec Mfg. Corp. G.R 130935, may 11, 2000 citing: National Semi-Conductor / HK
Distribution Ltd. vs. NLRC, G.R 123520 June 26, 1998; Jimenez v. NLRC, 256 SCRA 84
 The provisions of the New Civil Code on moral damages state:

Art. 2217. Moral damages include physical suffering, mental anguish, fright, serious
anxiety, besmirched reputation, wounded feelings, moral shocks, social humiliation, and
similar injury. Though incapable of pecuniary computation, moral damages may be recovered
if they are the proximate result of the defendant's wrongful act or omission.

Complainant suffered serious anxieties, sleepless night, mental anguish

due to the fact that Respondents kept complainant hanging for several months,
not informing him of his employment status. Thus, Complainant is clearly entitled
to Moral Damages in the amount of P100,000 each.

Exemplary damages may also be awarded. Under the Civil Code, exemplary
damages are due in the following circumstances:

Article 2232. In contracts and quasi-contracts, the court may award exemplary damages if
the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner.

Article 2233. Exemplary damages cannot be recovered as a matter of right; the court will
decide whether or not they should be adjudicated.

Article 2234. While the amount of the exemplary damages need not be proven, the plaintiff
must show that he is entitled to moral, temperate or compensatory damages before the
court may consider the question of whether or not exemplary damages should be awarded.

In this case,

D. ATTORNEY’S FEES

Complainant is entitled to Attorney’s Fees under the Labor Code, to wit:

Article 111. Attorney’s fees. In cases of unlawful withholding of wages, the

culpable party may be assessed attorney’s fees equivalent to ten percent of the
amount of wages recovered.

It shall be unlawful for any person to demand or accept, in any judicial or

administrative proceedings for the recovery of wages, attorney’s fees which exceed
ten percent of the amount of wages recovered.

Considering that this case involves unpaid wages (backwages, separation

pay, and thirteenth month pay for 2015 and 2017), complainant is clearly entitled
to warrants the award of attorney’s fees in its extraordinary concept.equivalent
to Ten Percent (10%) of the amount of wages to be awarded by this Honorable
Arbitration Branch.

Also, under the Civil Code, Attorneys fees is also awarded in the
following instances:

ART. 2208. In the absence of stipulation, attorney’s fees and expenses of litigation,
other than judicial costs, cannot be recovered, except:

1. When exemplary damages are awarded;

2. When the defendant’s act or omission has compelled the plaintiff to litigate with third
persons or to incur expenses to protect his interest;
3. In criminal cases of malicious prosecution against the plaintiff;
4. In case of a clearly unfounded civil action or proceeding against the plaintiff;
5. Where the defendant acted in gross and evident bad faith in refusing to satisfy the
plaintiff’s plainly valid, just and demandable claim;
6. In actions for legal support;
7. In actions for the recovery of wages of household helpers, laborers and skilled workers;
8. In actions for indemnity under workmen’s compensation and employer’s liability laws;
9. In a separate civil action to recover civil liability arising from a crime;
10. When at least double judicial costs are awarded;
11. In any other case where the court deems it just and equitable that attorney’s fees
and expenses of litigation should be recovered.

In all cases, the attorney’s fees and expenses of litigation must be reasonable.

Since this case involves recovery of wages of laborer, it is clear that

Complainant is also entitled to Attorney’s Fees under this provision. Thus she is
entitled to Atttorney’s Fees in the amount of P50,000.00