Is there a legal regulation for hiring live-in domestic helpers?

In the Philippines, many immigrant families with children need live-in nannies. How to employ them more legally and protect their rights is a very important issue. This article gives you an in-depth understanding of this topic: What are the legal requirements for hiring a live-in nanny?



Minimum Wage:

When it comes to the minimum wage for Filipino domestic helpers, the Philippines' "Kasambahay Law" does indeed stipulate the minimum wage for domestic helpers. However, the minimum wage varies depending on the region where you employ domestic helpers. For example, in the National Capital Region (NCR), the minimum wage is set at PHP 5,000 per month. For those working in cities, the minimum wage is approximately PHP 4,000 per month, and for those working in other municipalities, it's around PHP 3,000 per month.


Working Hours:

The law doesn't explicitly mandate additional payment for work beyond regular working hours. However, if both parties agree that the worker should receive overtime pay, this should be clearly stated in the employment contract to ensure the agreement is legally binding.

The law also stipulates that domestic helpers are entitled to a daily 8-hour rest period and a continuous 24-hour rest period per week.

Fairly compensating domestic helpers for work beyond regular hours is considered a good practice for employers.


13th Month Pay:

Domestic helpers are indeed entitled to a 13th-month pay. The law mandates that the 13th-month pay should be paid no later than December 24th each year. This pay is equivalent to one month's salary and is a mandatory benefit for Filipino employees, including domestic helpers.

Separation Pay:

Although there is no explicit requirement to provide separation pay, many employers may choose to offer it for amicable or contract-based reasons.

 

Termination Procedure:

Due process should be observed in the termination of employment. The Kasambahay Law does not explicitly outline a procedure for termination, but it's generally accepted to follow these steps:

• Written Notice: Provide a written notice to the kasambahay specifying the particular act or omission constituting the just cause for termination of employment. This notice should also inform the kasambahay that they have an opportunity to explain their side.

• Adequate Hearing or Opportunity to Be Heard: The kasambahay should be given an opportunity to respond to the allegations against them, with the assistance of a person of their choice if they so wish. This can be done orally or in writing.

• Final Notice: After giving the kasambahay an opportunity to be heard, the employer should serve a written notice of termination indicating that upon due consideration of all circumstances, grounds have been established to justify termination.

 

Employment Contract:

Both employers and domestic helpers are required to sign an employment contract, which is mandatory for Filipino employers and domestic helpers. The employment contract is also known as "Kontrata sa Paglilingkod sa Tahanan."

The employment contract should be drafted in a language or dialect understood by both the employer and the domestic helper. It serves as a formal agreement outlining the terms and conditions of employment.


It is strongly advised to have a legal professional draft the employment contract to ensure that it is clear and legally binding for both parties, helping to avoid future disputes and conflicts. If you need more advice or legal consultation regarding employment contracts for domestic helpers, please feel free to contact us.




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