HERE’S something that not many people know. It turns out that there are applicable provisions in the Labor Code of the Philippines which cover employment of househelpers.
Househelper is synonymous to the term “domestic servant” and shall refer to any person whether male or female who renders service in and about the employer’s home and which services are usually necessary or desirable for the maintenance and enjoyment thereof and includes ministering to the personal comfort and convenience of the members of the employer’s household, including services of family drivers. (See Art. 141 Labor Code and Implementing Rules).
Typically, under the Labor Code, there is a Contract of Domestic Service which covers such service which may not last for more than two (2) years but may be renewed for such periods as may be agreed upon by the parties. (Art. 142, Labor Code). The law also requires a specific minimum wage (Art. 143, Labor Code) and that’s such minimum wages are in addition to lodging, food and medical attendance. (Art. 144, Labor Code).
This means that Lodging, food and medical attendance are not part of the wages of a househelper, and that the employer should furnish the househelper, free of charge, suitable and sanitary living quarters as well as adequate food and medical attendance. (See Art. 148, Labor Code and Chan, Labor Code Annotated p. 877)
Interestingly enough, there is a Labor Code provision on how to treat househelpers. Article 147 of the Labor Code requires that the employer shall treat the househelper in a just and humane manner. And that in no case shall physical violence be used upon the househelper. Of course, it goes without saying that any physical abuse of a person or househelper is subject to criminal penalties under the appropriate criminal laws.
A question often asked though is, can an employer immediately terminate a househelper? As a general rule, no, this cannot be done. Article 149 of the Labor Code provides that if the period of household service is fixed, neither the employer nor the househelper may terminate the contract before the expiration of the term, except for a just cause. If the househelper is unjustly dismissed, he or she shall be paid the compensation already earned plus that for fifteen days by way of indemnity. (Article 149, Labor Code).
However, if the duration of household service is not determined either in stipulation or by the nature of the service, the employer or the househelper may give notice to put an end to the relationship five (5) days before the intended termination of the service. (Article 150, Labor Code). Notably, the law does not provide in what form the notice must be made, thus it can be made either orally or in writing. (Chan, Id. p. 895)
Sadly, a lot of people do not comply with the Labor Code, nor do they comply with the Kasambahay law. Hopefully, as time goes by, compliance with the law in relation to househelpers will increase. After all, househelpers deserve to be treated, as the law states, in a just and humane manner.
****
Lawyer Kelvin Lee is a Partner of the Teves Cabiten Polinar Lee & Partners Law Firm.
The opinions expressed herein are solely of lawyer Lee. This column does not constitute legal advice nor does it create a lawyer-client relationship with any party. You can reach Kelvin through his office at tcplawfirm.staff@gmail.com.