Issuances of the Department of Labor and Employment and its Attached Agencies

Section 1

(a) The provisions of this Rule shall apply to all househelpers whether employed on full or part-time basis. (b) The term "househelper" as used herein is synonymous to the term "domestic servant" and shall refer to any person, whether male or female, who renders services in and about the employer's home and which services are usually necessary or desirable for the maintenance and enjoyment thereof, and ministers exclusively to the personal comfort and enjoyment of the employer's family.

Section 2

The provisions of this Rule shall apply irrespective of the method of payment of wages agreed upon by the employer and househelper, whether it be hourly, daily, weekly, or monthly, or by piece or output basis.

Section 3

The children and relatives of a househelper who live under the employer's roof and who share the accommodations provided for the househelpers by the employer shall not be deemed as househelpers if they are not otherwise engaged as such and are not required to perform any substantial household work.

Section 4

The initial contract for household service shall not last for more than two (2) years. However, such contract may be renewed from year to year.

Section 5

The minimum compensation of househelpers shall not be less than the following rates: a) Eight Hundred pesos (P800.00) a month for househelpers in Manila, Quezon, Pasay and Caloocan cities and in the municipalities of Makati, San Juan, Mandaluyong, Muntinlupa, Navotas, Malabon, Parañaque, Las Piñas, Pasig, Marikina, Valenzuela, Taguig, and Pateros in Metro Manila and in highly urbanized cities. A "highly urbanized city" is one declared as such by the President pursuant to Sections 452 and 453 of the Local Government Code (RA 7160) and having met the plebiscite requirement making the city independent of the province where it is geographically located. b) Six hundred fifty pesos (P650.00) a month for those in other chartered cities and first class municipalities. "Other chartered cities" refer to the cities other than Manila, Pasay, Quezon, and Caloocan cities and the highly urbanized cities. A "first class municipality" is one determined as such by the Department of Finance after meeting the income and other requirements to qualify as such municipality. c) Five Hundred Fifty Pesos (P550.00) a month for those in other municipalities. Househelpers who are receiving at least One Thousand Pesos (P1,000.00) a month shall be covered by the Social Security System in accordance with its guidelines. (as amended by Department Order No. 1-94, [January 5, 1994])

Section 6

The equivalent minimum daily wage rate of househelpers shall be determined by multiplying the applicable minimum monthly rate by twelve (12) months divided by three hundred sixty five (365) days. (as amended by Department Order No. 1-94, [January 5, 1994])

Section 7

Where the method of payment of wages agreed upon by the employer and the househelper is by piece or output basis, the piece or output rates shall be such as will assure the househelper of the minimum monthly or the equivalent daily rate as provided in this issuance.

Section 8

The minimum wage rates prescribed under this Rule shall be basic cash wages which shall be paid to the househelpers in addition to lodging, food and medical attendance.

Section 9

Wages shall be paid directly to the househelper to whom they are due at least once a month. No deductions therefrom shall be made by the employer unless authorized by the househelper himself or by existing laws.

Section 10

No househelper shall be assigned to work in a commercial, industrial or agricultural enterprise at a wage or salary rate lower than that provided for agricultural and non-agricultural workers.

Section 11

If the househelper is under the age of eighteen (18) years, the employer shall give him or her an opportunity for at least elementary education. The cost of such education shall be part of the househelper's compensation, unless there is a stipulation to the contrary.

Section 12

The employer shall treat the househelper in a just and humane manner. In no case shall physical violence be inflicted upon the househelper.

Section 13

The employer shall furnish the househelper free suitable and sanitary living quarters as well as adequate food and medical attendance.

Section 14

If the period for 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 (15) days by way of indemnity. If the househelper leaves without justifiable reason, he or she shall forfeit any unpaid salary due him or her not exceeding fifteen (15) days.

Section 15

Upon the severance of the household service relationship, the househelper may demand from the employer a written statement of the nature and duration of the service and his or her efficiency and conduct as househelper.

Section 16

In case of death of the househelper, the employer shall bear the funeral expenses commensurate to the standards of life of the deceased.

Section 17

Unless so desired by the househelper or by his or her guardian with court approval, the transfer or use of the body of the deceased househelper for purposes other than burial is prohibited. When so authorized by the househelper, the transfer, use and disposition of the body shall be in accordance with the provisions of Republic Act No. 349.

Section 18

The employer may keep such records as he may deem necessary to reflect the actual terms and conditions of employment of his househelper which the latter shall authenticate by signature or thumbmark upon request of the employer.

Section 19

When the compensation of the househelper before the promulgation of these regulations is higher than that prescribed in the Code and in this issuance, the same shall not be reduced or diminished by the employer on or after said date.

Section 20

Nothing in this Rule shall deprive a househelper of the right to seek higher wages, shorter working hours and better working conditions than those prescribed herein, nor justify an employer in reducing any benefit or privilege granted to the househelper under existing laws, agreements or voluntary employer practices with terms more favorable to the househelpers than those prescribed in this Rule. (as amended by Department Order No. 005-92, [February 4, 1992])