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Republic of the PhilippinesCONGRESS OF THE PHILIPPINES

Metro Manila

Fifteenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two

thousand twelve.

[REPUBLIC ACT NO!"#$!]

AN ACT INSTITUTING POLICIES FOR THE PROTECTION

AN% &ELFARE OF %O'ESTIC &OR(ERS

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

ARTICLE I

GENERAL PRO)ISIONS

SECTION !. Short Title. !his "ct shall be #nown as the $%o&estic 'or#ers

"ct( or $Batas )asa&bahay(.

SECTION *.Declaration of Policies. *t is hereby declared that+

a !he tate strongly affir&s labor as a pri&ary social force and is co&&itted to

respect, pro&ote, protect and reali/e the funda&ental principles and rights at wor#

including, but not li&ited to, abolition of child labor, eli&ination of all for&s of

forced labor, discri&ination in e&ploy&ent and occupation, and traffic#ing in

persons, especially wo&en and children0

b !he tate adheres to internationally accepted wor#ing conditions for wor#ersin general, and establishes labor standards for do&estic wor#ers in particular,

towards decent e&ploy&ent and inco&e, enhanced coverage of social protection,

respect for hu&an rights and strengthened social dialogue0

c !he tate recogni/es the need to protect the rights of do&estic wor#ers against

abuse, harass&ent, violence, econo&ic e1ploitation and perfor&ance of wor# that

is ha/ardous to their physical and &ental health0 and

d !he tate, in protecting do&estic wor#ers and recogni/ing their special needsto ensure safe and healthful wor#ing conditions, pro&otes gender-sensitive

&easures in the for&ulation and i&ple&entation of policies and progra&s

affecting the local do&estic wor#.

SECTION #. Coverage. !his "ct applies to all do&estic wor#ers e&ployed and

wor#ing within the country.

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SECTION +.Definition of Terms. "s used in this "ct, the ter&+

aDebt bondage refers to the rendering of service by the do&estic wor#er as

security or pay&ent 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 pay&entof the debt.

bDeployment epenses refers to e1penses that are directly used for the transfer

of the do&estic wor#er fro& place of origin to the place of wor# covering the cost

of transportation. "dvances or loans by the do&estic wor#er are not included in

the definition of deploy&ent e1penses.

cDomestic !or" refers to wor# perfor&ed in or for a household or households.

dDomestic !or"er or $)asa&bahay( refers to any person engaged in do&esticwor# within an e&ploy&ent relationship such as, but not li&ited to, the following+

general househelp, nurse&aid or $yaya(, coo#, gardener, or laundry person, but

shall e1clude any person who perfor&s do&estic wor# only occasionally or

sporadically and not on an occupational basis.

!he ter& shall not include children who are under foster fa&ily arrange&ent, and

are provided access to education and given an allowance incidental to education,

i.e. $baon(, transportation, school pro2ects and school activities.

e#mployer refers to any person who engages and controls the services of a

do&estic wor#er and is party to the e&ploy&ent contract.

fHousehold refers to the i&&ediate &e&bers of the fa&ily or the occupants of

the house that are directly provided services by the do&estic wor#er.

gPrivate #mployment $gency %P#$& refers to any individual, legiti&atepartnership, corporation or entity licensed to engage in the recruit&ent and

place&ent of do&estic wor#ers for local e&ploy&ent.

h 'or"ing children( as used under this "ct, refers to do&estic wor#ers who are

fifteen 34 years old and above but below eighteen 35 years old.

ARTICLE II

RIGHTS AN% PRI)ILEGES

SECTION ,Standard of Treatment. ) !he e&ployer or any &e&ber of the

household shall not sub2ect a do&estic wor#er or $#asa&bahay( to any #ind of

abuse nor inflict any for& of physical violence or harass&ent or any act tending to

degrade the dignity of a do&estic wor#er.

SECTION $.Board( *odging and +edical $ttendance. !he e&ployer shall

provide for the basic necessities of the do&estic wor#er to include at least three 6ade7uate &eals a day and hu&ane sleeping arrange&ents that ensure safety.

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!he e&ployer shall provide appropriate rest and assistance to the do&estic wor#erin case of illnesses and in2uries sustained during service without loss of benefits.

"t no instance shall the e&ployer withdraw or hold in abeyance the provision of

these basic necessities as punish&ent or disciplinary action to the do&esticwor#er.

SECTION -. ,uarantee of Privacy. Respect for the privacy of the do&estic

wor#er shall be guaranteed at all ti&es and shall e1tend to all for&s of

co&&unication and personal effects. !his guarantee e7ually recogni/es that the

do&estic wor#er is obliged to render satisfactory service at all ti&es.

SECTION ..$ccess to -utside Communication. ) !he e&ployer shall grant the

do&estic wor#er access to outside co&&unication during free

ti&e+Provided( !hat in case of e&ergency, access to co&&unication shall begranted even during wor# ti&e. hould the do&estic wor#er &a#e use of the

e&ployer8s telephone or other co&&unication facilities, the costs shall be borne

by the do&estic wor#er, unless such charges are waived by the e&ployer.

SECTION /.Right to #ducation and Training. !he e&ployer shall afford the

do&estic wor#er the opportunity to finish basic education and &ay allow access to

alternative learning syste&s and, as far as practicable, higher education or

technical and vocational training. !he e&ployer shall ad2ust the wor# schedule of

the do&estic wor#er to allow such access to education or training without

ha&pering the services re7uired by the e&ployer.

SECTION !".Prohibition $gainst Privileged nformation. "ll co&&unication

and infor&ation pertaining to the e&ployer or &e&bers of the household shall be

treated as privileged and confidential, and shall not be publicly disclosed by the

do&estic wor#er during and after e&ploy&ent. uch privileged infor&ation shall

be inad&issible in evidence e1cept when the suit involves the e&ployer or any

&e&ber of the household in a cri&e against persons, property, personal liberty and

security, and chastity.

ARTICLE III

PRE0E'PLO1'ENT

SECTION !!#mployment Contract. "n e&ploy&ent contract shall be

e1ecuted by and between the do&estic wor#er and the e&ployer before the

co&&ence&ent of the service in a language or dialect understood by both the

do&estic wor#er and the e&ployer. !he do&estic wor#er shall be provided a copy

of the duly signed e&ploy&ent contract which &ust include the following+

a %uties and responsibilities of the do&estic wor#er0

b Period of e&ploy&ent0

c 9o&pensation0

d "uthori/ed deductions0

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e :ours of wor# and proportionate additional pay&ent0

f Rest days and allowable leaves0

g Board, lodging and &edical attention0

h "gree&ents on deploy&ent e1penses, if any0

i ;oan agree&ent0

2 !er&ination of e&ploy&ent0 and

# "ny other lawful condition agreed upon by both parties.

!he %epart&ent of ;abor and

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SECTION !+.Deposits for *oss or Damage. ) *t shall be unlawful for thee&ployer or any other person to re7uire a do&estic wor#er to &a#e deposits fro&

which deductions shall be &ade for the rei&burse&ent of loss or da&age to tools,

&aterials, furniture and e7uip&ent in the household.

SECTION !,.Prohibition on Debt Bondage. ) *t shall be unlawful for the

e&ployer or any person acting on behalf of the e&ployer to place the do&estic

wor#er under debt bondage.

SECTION !$.#mployment $ge of Domestic 'or"ers. ) *t shall be unlawful to

e&ploy any person below fifteen 34 years of age as a do&estic wor#er.

o. C3@, as a&ended, otherwise #nown as

the $pecial Protection of 9hildren "gainst 9hild "buse,

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the do&estic wor#er as to the wee#ly rest day when such preference is based onreligious grounds. >othing in this provision shall deprive the do&estic wor#er and

the e&ployer fro& agreeing to the following+

a =ffsetting a day of absence with a particular rest day0

b 'aiving a particular rest day in return for an e7uivalent daily rate ofpay0

c "ccu&ulating rest days not e1ceeding five 4 days0 or

d =ther si&ilar arrange&ents.

SECTION **.$ssignment to 3onhousehold 'or". >o do&estic wor#er shall be

assigned to wor# in a co&&ercial, industrial or agricultural enterprise at a wagerate lower than that provided for agricultural or nonagricultural wor#ers. *n such

cases, the do&estic wor#er shall be paid the applicable &ini&u& wage.

SECTION *##tent of Duty. !he do&estic wor#er and the e&ployer &ay&utually agree for the for&er to te&porarily perfor& a tas# that is outside the

latter8s household for the benefit of another household. :owever, any liability that

will be incurred by the do&estic wor#er on account of such arrange&ent shall be

borne by the original e&ployer. *n addition, such wor# perfor&ed outside the

household shall entitle the do&estic wor#er to an additional pay&ent of not less

than the e1isting &ini&u& wage rate of a do&estic wor#er. *t shall be unlawful for

the original e&ployer to charge any a&ount fro& the said household where theservice of the do&estic wor#er was te&porarily perfor&ed.

SECTION *+.+inimum 'age. !he &ini&u& wage of do&estic wor#ers shall

not be less than the following+

a !wo thousand five hundred pesos P?,4@@.@@ a &onth for those

e&ployed in the >ational 9apital Region >9R0

b !wo thousand pesos P?,@@@.@@ a &onth for those e&ployed in

chartered cities and first class &unicipalities0 and

c =ne thousand five hundred pesos P3,4@@.@@ a &onth for those

e&ployed in other &unicipalities.

"fter one 3 year fro& the effectivity of this "ct, and periodically thereafter, the

Regional !ripartite and Productivity 'age Boards R!P'Bs shall review, and ifproper, deter&ine and ad2ust the &ini&u& wage rates of do&estic wor#ers.

SECTION *,.Payment of 'ages. Pay&ent of wages shall be &ade on ti&e

directly to the do&estic wor#er to who& they are due in cash at least once a

&onth. !he e&ployer, unless allowed by the do&estic wor#er through a written

consent, shall &a#e no deductions fro& the wages other than that which is

&andated by law. >o e&ployer shall pay the wages of a do&estic wor#er by

&eans of pro&issory notes, vouchers, coupons, to#ens, tic#ets, chits, or any ob2ect

other than the cash wage as provided for under this "ct.

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!he do&estic wor#er is entitled to a thirteenth &onth pay as provided for by law.

SECTION *$.Pay Slip. ) !he e&ployer shall at all ti&es provide the do&estic

wor#er with a copy of the pay slip containing the a&ount paid in cash every pay

day, and indicating all deductions &ade, if any. !he copies of the pay slip shall be#ept by the e&ployer for a period of three 6 years.

SECTION *-.Prohibition on nterference in the Disposal of 'ages. ) *t shall be

unlawful for the e&ployer to interfere with the freedo& of any do&estic wor#er to

dispose of the latter8s wages. !he e&ployer shall not force, co&pel or oblige the

do&estic wor#er to purchase &erchandise, co&&odities or other properties fro&

the e&ployer or fro& any other person, or otherwise &a#e use of any store or

services of such e&ployer or any other person.

SECTION *..Prohibition $gainst 'ithholding of 'ages. ) *t shall be unlawfulfor an e&ployer, directly or indirectly, to withhold the wages of the do&estic

wor#er. *f the do&estic wor#er leaves without any 2ustifiable reason, any unpaid

salary for a period not e1ceeding fifteen 34 days shall be forfeited. ;i#ewise, the

e&ployer shall not induce the do&estic wor#er to give up any part of the wages by

force, stealth, inti&idation, threat or by any other &eans whatsoever.

SECTION */.*eave Benefits. ) " do&estic wor#er who has rendered at least one

3 year of service shall be entitled to an annual service incentive leave of five 4

days with pay+Provided( !hat any unused portion of said annual leave shall not be

cu&ulative or carried over to the succeeding years. Enused leaves shall not beconvertible to cash.

SECTION #". Social and -ther Benefits. ) " do&estic wor#er who has rendered

at least one 3 &onth of service shall be covered by the ocial ecurity yste&

, the Philippine :ealth *nsurance 9orporation Phil:ealth, and the :o&e

%evelop&ent Mutual Fund or Pag-*B*D, and shall be entitled to all the benefits in

accordance with the pertinent provisions provided by law.

Pre&iu& pay&ents or contributions shall be shouldered by the e&ployer.

:owever, if the do&estic wor#er is receiving a wage of Five thousand pesos

P4,@@@.@@ and above per &onth, the do&estic wor#er shall pay the proportionateshare in the pre&iu& pay&ents or contributions, as provided by law.

!he do&estic wor#er shall be entitled to all other benefits under e1isting laws.

SECTION #!.Rescue and Rehabilitation of $bused Domestic 'or"ers. ) "ny

abused or e1ploited do&estic wor#er shall be i&&ediately rescued by a &unicipal

or city social welfare officer or a social welfare officer fro& the %epart&ent of

ocial 'elfare and %evelop&ent %'% in coordination with the concerned

barangay officials. !he %'% and the %*;D shall develop a standard operating

procedure for the rescue and rehabilitation of abused do&estic wor#ers, and incoordination with the %=;

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SECTION #*Termination of Service. >either the do&estic wor#er nor the

e&ployer &ay ter&inate the contract before the e1piration of the ter& e1cept for

grounds provided for in ections 66 and 6A of this "ct. *f the do&estic wor#er isun2ustly dis&issed, the do&estic wor#er shall be paid the co&pensation already

earned plus the e7uivalent of fifteen 34 days wor# by way of inde&nity. *f the

do&estic wor#er leaves without 2ustifiable reason, any unpaid salary due not

e1ceeding the e7uivalent fifteen 34 days wor# shall be forfeited. *n addition, the

e&ployer &ay recover fro& the do&estic wor#er costs incurred related to the

deploy&ent e1penses, if any+Provided( !hat the service has been ter&inated

within si1 C &onths fro& the do&estic wor#er8s e&ploy&ent.

*f the duration of the do&estic service is not deter&ined either in stipulation or by

the nature of the service, the e&ployer or the do&estic wor#er &ay give notice toend the wor#ing relationship five 4 days before the intended ter&ination of the

service.

!he do&estic wor#er and the e&ployer &ay &utually agree upon written notice to

pre-ter&inate the contract of e&ploy&ent to end the e&ploy&ent relationship.

SECTION ##. Termination nitiated by the Domestic 'or"er. !he do&estic

wor#er &ay ter&inate the e&ploy&ent relationship at any ti&e before the

e1piration of the contract for any of the following causes+

a Gerbal or e&otional abuse of the do&estic wor#er by the e&ployer or

any &e&ber of the household0

b *nhu&an treat&ent including physical abuse of the do&estic wor#er by

the e&ployer or any &e&ber of the household0

c 9o&&ission of a cri&e or offense against the do&estic wor#er by the

e&ployer or any &e&ber of the household0

d Giolation by the e&ployer of the ter&s and conditions of the

e&ploy&ent contract and other standards set forth under this law0

e "ny disease pre2udicial to the health of the do&estic wor#er, the

e&ployer, or &e&berHs of the household0 and

f =ther causes analogous to the foregoing.

SECTION #+. Termination nitiated by the #mployer. "n e&ployer &ay

ter&inate the services of the do&estic wor#er at any ti&e before the e1piration of

the contract, for any of the following causes+

a Misconduct or willful disobedience by the do&estic wor#er of the

lawful order of the e&ployer in connection with the for&er8s wor#0

b Dross or habitual neglect or inefficiency by the do&estic wor#er in the

perfor&ance of duties0

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c Fraud or willful breach of the trust reposed by the e&ployer on thedo&estic wor#er0

d 9o&&ission of a cri&e or offense by the do&estic wor#er against the

person of the e&ployer or any i&&ediate &e&ber of the e&ployer8s fa&ily0

e Giolation by the do&estic wor#er of the ter&s and conditions of thee&ploy&ent contract and other standards set forth under this law0

f "ny disease pre2udicial to the health of the do&estic wor#er, the

e&ployer, or &e&berHs of the household0 and

g =ther causes analogous to the foregoing.

SECTION #,#mployment Certification. ) Epon the severance of thee&ploy&ent relationship, the e&ployer shall issue the do&estic wor#er within five

4 days fro& re7uest a certificate of e&ploy&ent indicating the nature, duration of

the service and wor# perfor&ance.

ARTICLE )I

PRI)ATE E'PLO1'ENT AGENCIES

SECTION #$.Regulation of Private #mployment $gencies %P#$s&. ) !he %=;g Mga )asa&bahay(. !he date upon which the

President shall approve this $%o&estic 'or#ers "ct( shall be designated as the

$"raw ng &ga )asa&bahay(.

ARTICLE I3

PENAL AN% 'ISCELLANEOUS PRO)ISIONS

SECTION +"Penalty. ) "ny violation of the provisions of this "ct declared

unlawful shall be punishable with a fine of not less than !en thousand pesos

P3@,@@@.@@ but not &ore than Forty thousand pesos PA@,@@@.@@ without

pre2udice to the filing of appropriate civil or cri&inal action by the aggrieved

party.

SECTION +!Transitory Provision4 3on/Diminution of Benefits. ) "ll e1istingarrange&ents between a do&estic wor#er and the e&ployer shall be ad2usted to

confor& to the &ini&u& standards set by this "ct within a period of si1ty C@

days after the effectivity of this "ct+Provided( !hat ad2ust&ents pertaining to

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wages shall ta#e effect i&&ediately after the deter&ination and issuance of theappropriate wage order by the R!'PBs+Provided( further( !hat nothing in this

"ct shall be construed to cause the di&inution or substitution of any benefits and

privileges currently en2oyed by the do&estic wor#er hired directly or through an

agency.

SECTION +*.mplementing Rules and Regulations. 'ithin ninety I@ days

fro& the effectivity of this "ct, the ecretary of ;abor and o. 5 and :ouse Bill >o. C3AA

was finally passed by the enate and the :ouse of Representatives on >ove&ber

?, ?@3? and >ove&ber ?C, ?@3?, respectively.

gd. 'ARIL1N B BARUA01AP

Secretary ,eneralHouse of Representatives

gd. E''A LIRIO0RE1ES

Secretary of the Senate

"pproved+ J"> 35 ?@36

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gd.BENIGNO S A5UINO III

President of the Philippines

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