January 18, 2013

S. No. 78
H. No. 6144

Republic of the Philippines

Congress 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. 10361]

AN ACT INSTITUTING POLICIES FOR THE PROTECTION

AND WELFARE OF DOMESTIC WORKERS

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

assembled:

ARTICLE I

GENERAL PROVISIONS

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.

SEC. 3. Coverage. This Act applies to all domestic workers employed and working within the
country.

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

(a) Debt bondage refers to the rendering of service by the domestic worker as security or
payment 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 payment of the debt.

(b) Deployment expenses refers to expenses that are directly used for the transfer of the domestic
worker from place of origin to the place of work covering the cost of transportation. Advances or
loans by the domestic worker are not included in the definition of deployment expenses.

(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.

(e) Employer refers to any person who engages and controls the services of a domestic worker
and is party to the employment contract.

(f) Household refers to the immediate members of the family or the occupants of the house that
are directly provided services by the domestic worker.

(g) Private Employment Agency (PEA) refers to any individual, legitimate partnership,
corporation or entity licensed to engage in the recruitment and placement of domestic workers
for local employment.

(h) Working children, as used under this Act, refers to domestic workers who are fifteen (15)
years old and above but below eighteen (18) years old.

ARTICLE II

RIGHTS AND PRIVILEGES

SEC. 5. Standard of Treatment. The employer or any member of the household shall not
subject a domestic worker or kasambahay to any kind of abuse nor inflict any form of physical
violence or harassment or any act tending to degrade the dignity of a domestic worker.

SEC. 6. Board, Lodging and Medical Attendance. The employer shall provide for the basic
necessities of the domestic worker to include at least three (3) adequate meals a day and humane
sleeping arrangements that ensure safety.

The employer shall provide appropriate rest and assistance to the domestic worker in case of
illnesses and injuries sustained during service without loss of benefits.

At no instance shall the employer withdraw or hold in abeyance the provision of these basic
necessities as punishment or disciplinary action to the domestic worker.

SEC. 7. Guarantee of Privacy. Respect for the privacy of the domestic worker shall be
guaranteed at all times and shall extend to all forms of communication and personal effects. This
guarantee equally recognizes that the domestic worker is obliged to render satisfactory service at
all times.

SEC. 8. Access to Outside Communication. The employer shall grant the domestic worker
access to outside communication during free time: Provided, That in case of emergency, access
to communication shall be granted even during work time. Should the domestic worker make use
of the employers telephone or other communication facilities, the costs shall be borne by the
domestic worker, unless such charges are waived by the employer.

SEC. 9. Right to Education and Training. The employer shall afford the domestic worker the
opportunity to finish basic education and may allow access to alternative learning systems and,
as far as practicable, higher education or technical and vocational training. The employer shall
adjust the work schedule of the domestic worker to allow such access to education or training
without hampering the services required by the employer.

SEC. 10. Prohibition Against Privileged Information. All communication and information
pertaining to the employer or members of the household shall be treated as privileged and
confidential, and shall not be publicly disclosed by the domestic worker during and after
employment. Such privileged information shall be inadmissible in evidence except when the suit
involves the employer or any member of the household in a crime against persons, property,
personal liberty and security, and chastity.

ARTICLE 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.

SEC. 12. Pre-Employment Requirement. Prior to the execution of the employment contract, the
employer may require the following from the domestic worker:

(a) Medical certificate or a health certificate issued by a local government health officer;

(b) Barangay and police clearance;

(c) National Bureau of Investigation (NBI) clearance; and

(d) Duly authenticated birth certificate or if not available, any other document showing the age of
the domestic worker such as voters identification card, baptismal record or passport.

However, Section 12(a), (b), (c) and (d) shall be standard requirements when the employment of
the domestic worker is facilitated through the PEA.
The cost of the foregoing shall be borne by the prospective employer or agency, as the case may
be.

SEC. 13. Recruitment and Finders Fees. Regardless of whether the domestic worker was
hired through a private employment agency or a third party, no share in the recruitment or
finders fees shall be charged against the domestic worker by the said private employment
agency or third party.

SEC. 14. Deposits for Loss or Damage. It shall be unlawful for the employer or any other
person to require a domestic worker to make deposits from which deductions shall be made for
the reimbursement of loss or damage to tools, materials, furniture and equipment in the
household.

SEC. 15. Prohibition on Debt Bondage. It shall be unlawful for the employer or any person
acting on behalf of the employer to place the domestic worker under debt bondage.

SEC. 16. Employment Age of Domestic Workers. It shall be unlawful to employ any person
below fifteen (15) years of age as a domestic worker. Employment of working children, as
defined under this Act, shall be subject to the provisionsof Section 10(A), paragraph 2 of Section
12-A, paragraph 4 of Section 12-D, and Section 13 of Republic Act No. 7610, as amended,
otherwise known as the Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act.

Working children shall be entitled to minimum wage, and all benefits provided under this Act.

Any employer who has been sentenced by a court of law of any offense against a working child
under this Act shall be meted out with a penalty one degree higher and shall be prohibited from
hiring a working child.

SEC. 17. Employers Reportorial Duties. The employers shall register all domestic workers
under their employment in the Registry of Domestic Workers in the barangay where the
employers residence is located. The Department of the Interior and Local Government (DILG)
shall, in coordination with the DOLE, formulate a registration system for this purpose.

SEC. 18. Skills Training, Assessment and Certification. To ensure productivity and assure
quality services, the DOLE, through the Technical Education and Skills Development Authority
(TESDA), shall facilitate access of domestic workers to efficient training, assessment and
certification based on a duly promulgated training regulation.

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 latters 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.

SEC. 27. Prohibition on Interference in the Disposal of Wages. It shall be unlawful for the
employer to interfere with the freedom of any domestic worker to dispose of the latters wages.
The employer shall not force, compel or oblige the domestic worker to purchase merchandise,
commodities or other properties from the employer or from any other person, or otherwise make
use of any store or services of such employer or any other person.

SEC 28. Prohibition Against Withholding of Wages. It shall be unlawful for an employer,
directly or indirectly, to withhold the wages of the domestic worker. If the domestic worker
leaves without any justifiable reason, any unpaid salary for a period not exceeding fifteen (15)
days shall be forfeited. Likewise, the employer shall not induce the domestic worker to give up
any part of the wages by force, stealth, intimidation, threat or by any other means whatsoever.

SEC. 29. Leave Benefits. A domestic worker who has rendered at least one (1) year of service
shall be entitled to an annual service incentive leave of five (5) days with pay: Provided, That
any unused portion of said annual leave shall not be cumulative or carried over to the succeeding
years. Unused leaves shall not be convertible to cash.

SEC. 30. Social and Other Benefits. A domestic worker who has rendered at least one (1)
month of service shall be covered by the Social Security System (SSS), the Philippine Health
Insurance Corporation (PhilHealth), and the Home Development Mutual Fund or Pag-IBIG, and
shall be entitled to all the benefits in accordance with the pertinent provisions provided by law.

Premium payments or contributions shall be shouldered by the employer. However, if the

domestic worker is receiving a wage of Five thousand pesos (P5,000.00) and above per month,
the domestic worker shall pay the proportionate share in the premium payments or contributions,
as provided by law.

The domestic worker shall be entitled to all other benefits under existing laws.
SEC. 31. Rescue and Rehabilitation of Abused Domestic Workers. Any abused or exploited
domestic worker shall be immediately rescued by a municipal or city social welfare officer or a
social welfare officer from the Department of Social Welfare and Development (DSWD) in
coordination with the concerned barangay officials. The DSWD and the DILG shall develop a
standard operating procedure for the rescue and rehabilitation of abused domestic workers, and
in coordination with the DOLE, for possible subsequent job placement.

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
workers 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 formers 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 employers 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.

ARTICLE VI

PRIVATE EMPLOYMENT AGENCIES

SEC. 36. Regulation of Private Employment Agencies (PEAs). The DOLE shall, through a
system of licensing and regulation, ensure the protection of domestic workers hired through the
PEAs.

The PEA shall be jointly and severally liable with the employer for all the wages, wage-related
benefits, and other benefits due a domestic worker.

The provision of Presidential Decree No. 442, as amended, otherwise known as the Labor Code
of the Philippines, on qualifications of the PEAs with regard to nationality, networth, owners
and officers, office space and other requirements, as well as nontransferability of license and
commission of prohibited practices, shall apply.

In addition, PEAs shall have the following responsibilities:

(a) Ensure that domestic workers are not charged or levied any recruitment or placement fees;

(b) Ensure that the employment agreement between the domestic worker and the employer
stipulates the terms and conditions of employment and all the benefits prescribed by this Act;

(c) Provide a pre-employment orientation briefing to the domestic worker and the employer
about their rights and responsibilities in accordance with this Act;

(d) Keep copies of employment contracts and agreements pertaining to recruited domestic
workers which shall be made available during inspections or whenever required by the DOLE or
local government officials;

(e) Assist domestic workers with respect to complaints or grievances against their employers;
and

(f) Cooperate with government agencies in rescue operations involving abused or exploited
domestic workers.

ARTICLE VII

SETTLEMENT OF DISPUTES

SEC. 37. Mechanism for Settlement of Disputes. All labor-related disputes shall be elevated to
the DOLE Regional Office having jurisdiction over the workplace without prejudice to the filing
of a civil or criminal action in appropriate cases. The DOLE Regional Office shall exhaust all
conciliation and mediation efforts before a decision shall be rendered.

Ordinary crimes or offenses committed under the Revised Penal Code and other special penal
laws by either party shall be filed with the regular courts.

ARTICLE VIII

SPECIAL PROVISIONS

SEC. 38. Information Program. The DOLE shall, in coordination with the DILG, the SSS, the
PhilHealth and Pag-IBIG develop and implement a continuous information dissemination
program on the provisions of this Act, both at the national and local level, immediately after the
enactment of this law.

SEC. 39. Araw Ng Mga Kasambahay. The date upon which the President shall approve this
Domestic Workers Act shall be designated as the Araw ng mga Kasambahay.

ARTICLE IX

PENAL AND MISCELLANEOUS PROVISIONS

 SEC. 40. Penalty. Any violation of the provisions of this Act declared unlawful shall be
punishable with a fine of not less than Ten thousand pesos (P10,000.00) but not more than Forty
thousand pesos (P40,000.00) without prejudice to the filing of appropriate civil or criminal
action by the aggrieved party.

SEC. 41. Transitory Provision; Non-Diminution of Benefits. All existing arrangements between
a domestic worker and the employer shall be adjusted to conform to the minimum standards set
by this Act within a period of sixty (60) days after the effectivity of this Act: Provided, That
adjustments pertaining to wages shall take effect immediately after the determination and
issuance of the appropriate wage order by the RTWPBs: Provided, further, That nothing in this
Act shall be construed to cause the diminution or substitution of any benefits and privileges
currently enjoyed by the domestic worker hired directly or through an agency.

SEC. 42. Implementing Rules and Regulations. Within ninety (90) days from the effectivity of
this Act, the Secretary of Labor and Employment, the Secretary of Social Welfare and
Development, the Secretary of the Interior and Local Government, and the Director General of
the Philippine National Police, in coordination with other concerned government agencies and
accredited nongovernment organizations (NGOs) assisting domestic workers, shall promulgate
the necessary rules and regulations for the effective implementation of this Act.

ARTICLE X

FINAL PROVISIONS

SEC. 43. Separability Clause. If any provision or part of this Act is declared invalid or
unconstitutional, the remaining parts or provisions not affected shall remain in full force and
effect.

SEC. 44. Repealing Clause. All articles or provisions of Chapter III (Employment of
Househelpers) of Presidential Decree No. 442, as amended and renumbered by Republic Act No.
10151 are hereby expressly repealed. All laws, decrees, executive orders, issuances, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SEC. 45. Effectivity Clause. This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) national newspapers of general
circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR. (Sgd.) JUAN PONCE ENRILE

Speaker of the House President of the Senate
of Representatives
 This Act which is a consolidation of Senate Bill No. 78 and House Bill No. 6144 was finally
passed by the Senate and the House of Representatives on November 27, 2012 and November
26, 2012, respectively.

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES

Secretary General Secretary of the Senate
House of Representatives

Approved: JAN 18 2013

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines

RESOURCES

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WHAT YOU NEED TO KNOW ABOUT THE

DOMESTIC WORKERS ACT OR BATAS
KASAMBAHAY
In a move meant to better protect domestic workers, the Philippine Congress passed a law
known as the Domestic Workers Act or Batas Kasambahay. On 18 January 2013, President
Benigno Aquino III signed Republic Act No. 10361 (full text; see also Implementing Rules and
Regulations), instituting policies for the protection and welfare of domestic helpers.
Considering that it equally affects the domestic helpers and the employers, lets get to know
whats provided in this law.

1. Who is a Kasambahay or Domestic Worker?

2. Minimum age of domestic workers
3. Employers reportorial duties
4. Requirement of a contract
5. Wage provisions
6. Rest periods and leave credits
7. SSS and other social benefits
8. Assignment to non-household work
9. Assignment in another home
10. Deposits for loss or damage
11. Prohibition on debt bondage
12. Rights and Privileges of Kasambahay
13. Cessation of employment

1. Who is a Kasambahay or Domestic Worker?

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.

2. Minimum age of domestic workers

Its criminally punishable to employ any person below 15 years of age as a domestic worker.

3. Employers reportorial duties

The employers shall register all domestic workers under their employment in the Registry of
Domestic Workers in the barangay where the employers residence is located. [Back to the top]

4. Requirement of a 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
(k) Any other lawful condition agreed upon by both parties

The Department of Labor and Employment (DOLE) shall develop and disseminate a model
employment contract for domestic workers. 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. [Back to the top]

5. Wage provisions

What is the minimum wage of domestic helpers?

The minimum wage of domestic workers shall not be less than the following:

a. P2,500 a month for those employed in the National Capital Region (NCR)

b. P2,000 a month for those employed in chartered cities and first class municipalities

c. P1,500 a month for those employed in other municipalities

The Regional Tripartite and Productivity Wage Boards (RTPWBs) are required to periodically
adjust, if proper, the minimum wage rates of domestic workers.

What is the manner of paying 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.

Is the kasambahay entitled to 13th-month pay?

The domestic worker is entitled to a thirteenth month pay.

Is the employer required to keep pay slips?

Yes. 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.

What is more, copies of the pay slip shall be kept by the employer for a period of 3 years.

What are additional prohibitions in relation to wages?

Interference in the disposal of wages. It shall be unlawful for the employer to interfere with the
freedom of any domestic worker to dispose of the latters wages. The employer shall not force,
compel or oblige the domestic worker to purchase merchandise, commodities or other
properties from the employer or from any other person, or otherwise make use of any store or
services of such employer or any other person.

Withholding of wages. It shall be unlawful for an employer, directly or indirectly, to withhold the
wages of the domestic worker. If the domestic worker leaves without any justifiable reason, any
unpaid salary for a period not exceeding 15 days shall be forfeited. Likewise, the employer shall
not induce the domestic worker to give up any part of the wages by force, stealth, intimidation,
threat or by any other means whatsoever. [Back to the top]
6. Rest periods and leave credits

How many hours of rest period per day?

Domestic workers are entitled to an aggregate daily rest period of 8 hours per day.

What is the required weekly rest period?

The domestic worker shall be entitled to at least 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, but the employer shall respect the preference of the domestic worker
as to the weekly rest day when such preference is based on religious grounds. The domestic
worker and the employer may agree on 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 5 days, or

d. Other similar arrangements [Back to the top]

How may days are required for leave credits?

A domestic worker who has rendered at least 1 year of service shall be entitled to an annual
service incentive leave of 5 days with pay. Any unused portion of said annual leave shall not be
cumulative or carried over to the succeeding years. Unused leaves shall not be convertible to
cash. [Back to the top]

7. SSS and other social benefits

A domestic worker who has rendered at least 1 month of service shall be covered by the Social
Security System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home
Development Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in accordance
with the pertinent provisions provided by law.

Premium payments or contributions shall be shouldered by the employer. However, if the

domestic worker is receiving a wage of P5,000 and above per month, the domestic worker shall
pay the proportionate share in the premium payments or contributions, as provided by law.

The domestic worker shall be entitled to all other benefits under existing laws. [Back to the top]
8. Assignment to non-household 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 non-agricultural workers.
In such cases, the domestic worker shall be paid the applicable minimum wage. [Back to the
top]

9. Assignment in another home

The domestic worker and the employer may mutually agree for the former to temporarily
perform a task that is outside the latters 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. [Back to the top]

10. Deposits for loss or damage

Its unlawful for the employer or any other person to require a domestic worker to make
deposits from which deductions shall be made for the reimbursement of loss or damage to
tools, materials, furniture and equipment in the household. [Back to the top]

11. Prohibition on debt bondage

Its unlawful for the employer or any person acting on behalf of the employer to place the
domestic worker under debt bondage, which refers to the rendering of service by the domestic
worker as security or payment 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 payment of the debt.
[Back to the top]

12. Rights and Privileges of Kasambahay

Standard of Treatment

The employer or any member of the household shall not subject a domestic worker or
kasambahay to any kind of abuse nor inflict any form of physical violence or harassment or
any act tending to degrade the dignity of a domestic worker.

Board, Lodging and Medical Attendance

The employer shall provide for the basic necessities of the domestic worker to include at least 3
adequate meals a day and humane sleeping arrangements that ensure safety.

The employer shall provide appropriate rest and assistance to the domestic worker in case of
illnesses and injuries sustained during service without loss of benefits.

At no instance shall the employer withdraw or hold in abeyance the provision of these basic
necessities as punishment or disciplinary action to the domestic worker.

Guarantee of Privacy

Respect for the privacy of the domestic worker shall be guaranteed at all times and shall extend
to all forms of communication and personal effects. This guarantee equally recognizes that the
domestic worker is obliged to render satisfactory service at all times.

Access to Outside Communication

The employer shall grant the domestic worker access to outside communication during free
time: Provided, That in case of emergency, access to communication shall be granted even
during work time. Should the domestic worker make use of the employers telephone or other
communication facilities, the costs shall be borne by the domestic worker, unless such charges
are waived by the employer.

Right to Education and Training

The employer shall afford the domestic worker the opportunity to finish basic education and
may allow access to alternative learning systems and, as far as practicable, higher education or
technical and vocational training. The employer shall adjust the work schedule of the domestic
worker to allow such access to education or training without hampering the services required
by the employer.

Prohibition Against Privileged Information

All communication and information pertaining to the employer or members of the household
shall be treated as privileged and confidential, and shall not be publicly disclosed by the
domestic worker during and after employment. Such privileged information shall be
inadmissible in evidence except when the suit involves the employer or any member of the
household in a crime against persons, property, personal liberty and security, and chastity.
[Back to the top]

13. Cessation of employment

Termination of service
Neither the domestic worker nor the employer may terminate the contract before the expiration
of the term except on reasons allowed by law. If the domestic worker is unjustly dismissed, the
domestic worker shall be paid the compensation already earned plus the equivalent of 15 days
work by way of indemnity. If the domestic worker leaves without justifiable reason, any unpaid
salary due not exceeding the equivalent 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 6 months from the
domestic workers 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 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.

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.

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 formers 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 employers 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.

ALLOWING EMPLOYMENT OF NIGHT WORKERS

What is this law about?
Previous to this law, as a general rule, women were NOT allowed to work during
the night (Art. 130, Labor Code). So technically, companies, including call
centers and other BPOs, were NOT allowed to hire women to work the nightshift. To
be able to go around the rule, call centers had to apply for an exception (Art. 131,
Labor Code).

RA 10151 repealed these 2 rules. So now, a call center can hire as much women as
it wants, without having to apply for exceptions at the Department of Labor and
Employment.

Important Things to remember:
1. Night Workers have a right to undergo a health
assessmentwithout charge and receive advice on how to reduce or avoid
health problems associated with their work.

2. As a general rule, the findings shall of such assessments can not be given to
others without the workers' consent.
 3. Call Centers are now required to provide first-aid facilities for the
nightshift.

4. Call Centers are also now required to provide sleeping or resting

quarters for the nightshift.
5. Night workers who are found to be unfit for night work due to health reasons
have a right to be transferred to a similar job during the day.

6. Pregnant Night Workers have additional rights under the law.

Complete text of the law can be found at:
Allowing Employment of Night Workers found in the Official Gazette
Posted by Kris Ablan at 6:53 PM
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Republic of the Philippines

CONGRESS OF THE PHILIPPINES
Metro Manila

Fifteenth Congress
First Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand ten.

REPUBLIC ACT NO. 10151

AN ACT ALLOWING THE EMPLOYMENT OF NIGIIT WORKERS, THEREBY REPEALING

ARTICLES 130 AND 131 OF PRESIDENTIAL DECREE NUMBER FOUR HUNDRED FORTY-
TWO, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES

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

assembled:

Section 1. Article 130 of the Labor Code is hereby repealed.

Section 2. Article 131 of the Labor Code is hereby repealed.

Section 3. The subsequent articles in Book Three, Title III, Chapter I to Chapter IV of Presidential
Decree No. 442 are hereby renumbered accordingly.
Section 4. A new chapter is hereby inserted after Book Three, Title III of Presidential Decree No.
442, to read as follows:

"Chapter V
"Employment of Night Workers

"Article 154. Coverage. - This chapter' shall apply to all persons, who shall be employed or
permitted or suffered to work at night, except those employed in agriculture, stock raising, fishing,
maritime transport and inland navigation, during a period of not less than seven (7) consecutive
hours, including the interval from midnight to five o'clock in the morning, to be determined by the
Secretary of Labor and Employment, after consulting the workers' representatives/labor
organizations and employers.

"'Night worker' means any employed person whose work requires performance of a substantial
number of hours of night work which exceeds a specified limit. This limit shall be fixed by the
Secretary of Labor after consulting the workers' representatives/labor organizations and employers."

"Article 155. Health Assessment. - At their request, workers shall have the right to undergo a health
assessment without charge and to receive advice on how to reduce or avoid health problems
associated with their work:

"(a) Before taking up an assignment as a night worker;

"(b) At regular intervals during such an assignment; and

"(c) If they experience health problems during such, an assignment which are not caused by
factors other than the performance of night work.

"With the exception of a finding of unfitness for night work, the findings of such assessments shall
not be transmitted to others without the workers' consent and shall not be used to their detriment."

"Article 156. Mandatory Facilities. - Suitable firstaid facilities shall be made available for workers
performing night work, including arrangements where such workers, where necessary, can be taken
immediately to a place for appropriate treatment. The employers are likewise required to provide
safe and healthful working conditions and adequate or reasonable facilities such as sleeping or
resting quarters in the establishment and transportation from the work premises to the nearest point
of their residence subject to exceptions and guidelines to be provided by the DOLE."

"Article 157. Transfer. - Night workers who are certified as unfit for night work, due to health
reasons, shall be transferred, whenever practicable, to a similar job for which they are fit to work.

"If such transfer to a similar job is not practicable, these workers shall be granted the same benefits
as other workers who are unable to work, or to secure employment during such period.

"A night worker certified as temporarily unfit for night work shall be given the same protection against
dismissal or notice of dismissal as other workers who are prevented from working for reasons of
health."

"Article 158. Women Night Workers. - Measures shall be taken to ensure that an alternative to night
work is available to women workers who would otherwise be called upon to perform such work:
 "(a) Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be
divided between the time before and after childbirth;

"(b) For additional periods, in respect of winch a medical certificate IS produced stating that
said additional periods are necessary for the health of the mother or child:

"(1) During pregnancy;

"(2) During a specified time beyond the period, after childbirth is fixed pursuant to
subparagraph (a) above, the length of which shall be determined by the DOLE after
consulting the labor organizations and employers.

"During the periods referred to in this article:

"(i) A woman worker shall not be dismissed or given notice of dismissal,

except for just or authorized causes provided for in this Code that are not
connected with pregnancy, childbirth and childcare responsibilities.

"(ii) A woman worker shall not lose the benefits regarding her status,
seniority, and access to promotion which may attach to her regular night work
position.

"Pregnant women and nursing mothers may be allowed to work .at night only
if a competent physician, other than the company physician, shall certify their
fitness to render night work, and specify, in the case of pregnant employees,
the period of the pregnancy that they can safely work.

"The measures referred to in this article may include transfer to day work
where this is possible, the provision of social security benefits or an
extension of maternity leave.

"The provisions of this article shall not leave the effect of reducing the
protection and benefits connected with maternity leave under existing laws."

"Article 159. Compensation. The compensation for night workers in the form of working time, pay or
similar benefits shall recognize the exceptional nature of night work."

"Article 160. Social Services. - Appropriate social services shall be provided for night workers and,
where necessary, for workers performing night work."

"Article 161. Night Work Schedules. - Before introducing work schedules requiring the services of
night workers, the employer shall consult the workers' representatives/labor organizations concerned
on the details of such schedules and the forms of organization of night work that are best adapted to
the establishment and its personnel, as well as on the occupational health measures and social
services which are required. In establishments employing night workers, consultation shall take
place regularly."

Section 5. The subsequent articles starting from Book Four, Title I, Chapter I of Presidential Decree
No. 442 are hereby renumbered accordingly.
Section 6. Application. - The measures referred to in this chapter shall be applied not later than six
(6) months from the effectivity of this Act.

Section 7. Guidelines. - The DOLE shall promulgate appropriate regulations in addition to existing
ones to ensure protection, safety and welfare of night workers.

Section 8. Penalties. - Any violation of this Act, and the rules and regulations issued pursuant hereof
shall be punished with a fine of not less than Thirty thousand pesos (P30,000.00) nor more than Fifty
thousand pesos (P50,000.00) or imprisonment of not less than six (6) months, or both, at the
discretion of the court. If the offense is committed by a corporation, trust, firm, partnership at
association, or other entity, the penalty shall be imposed upon the guilty officer or officers of such
corporation, trust, firm, partnership or association, or entity.

Section 9. Separability Clause. - If any portion of this Act is declared unconstitutional, the same
shall not affect the validity and effectivity of the other provisions not affected thereby.

Section 10. Repealing Clause. - All laws, acts, decrees, executive orders, rules and regulations or
other issuances or parts thereof, which are inconsistent with this Act, are hereby modified and
repealed.

Section 11. Effectivity Clause. - This Act shall take effect after fifteen (15) days following its
publication in two (2) national newspapers of general circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR. (Sgd.) JUAN PONCE ENRILE

Speaker of the House of Representatives President of the Senate

This Act which is a consolidation of Senate Bill No. 2701 and House Bill No. 4276 was finally passed
by the Senate and the House of Representatives on May 30, 2011 and June 8, 2011, respectively.

(Sgd.) EMMA LIRIO-REYES (Sgd.) MARILYN B. BARUA-YAP

Secretary of Senate Secretary General
House of Representatives

Approved: June 21, 2011

(Sgd.) BENIGNO SIMION C. AQUINO III

President of the Philippines

EMPLOYMENT OF NIGHT WORKERS: A PRIMER

By: Atty.Fred | July 26, 2011 in HR and Labor
2 Replies | Related posts at the bottom of article
Congress recently passed Republic Act No. 10151, signed into law by President Benigno Aquino
on 21 June 2011, allowing the employment of night workers, including women. Heres a primer on
the Employment of Night Workers.

What is the effect of R.A. 10151 on the Labor Code?

Women were generally not allowed work during night time. This was the rule before the enactment
of Republic Act No. 10151. Article 130 of the Labor Code (Presidential Decree No. 442) contains the
general prohibition while Article 131 spells out the exceptions. R.A. 10151 amends the Labor Code
by repealing Articles 130 and 131 thereof (under Book III [Conditions of Employment]). In short,
there is no longer any need to determine if a particular industry or a particular scenario is covered by
the general rule or the exception. Women are now allowed to perform night work, one of the
amendments introduced under R.A. 10151.

Who are night workers?

A night worker refers to any employed person whose work requires performance of a substantial
number of hours of night work which exceeds a specified limit. This limit shall be fixed by the
Secretary of Labor after consulting the workers representatives/labor organizations and employers.

What is the coverage of the amendments introduced under R.A. 10151?

The amendments shall apply to all persons, who shall be employed or permitted or suffered to work
at night, except those employed in agriculture, stock raising, fishing, maritime transport and inland
navigation, during a period of not less than seven (7) consecutive hours, including the interval from
midnight to five oclock in the morning, to be determined by the Secretary of Labor and Employment,
after consulting the workers representatives/labor organizations and employers.

Can workers demand a free health assessment before undergoing night work?

Yes. Workers, at their request, shall have the right to undergo a health assessment without charge
and to receive advice on how to reduce or avoid health problems associated with their work:

1. Before taking up an assignment as a night worker;

2. At regular intervals during such an assignment; and
3. If they experience health problems during such an assignment which are not caused by
factors other than the performance of night work.

With the exception of a finding of unfitness for night work, the findings of such assessments shall not
be transmitted to others without the workers consent and shall not be used to their detriment.

What happens to employees who are unfit for night work?

When transfer to similar job practicable. Night workers who are certified as unfit for night work, due
to health reasons, shall be transferred, whenever practicable, to a similar job for which they are fit to
work.

When transfer not practicable. If such transfer to a similar job is not practicable, these workers shall
be granted the same benefits as other workers who are unable to work, or to secure employment
during such period.
Temporary unfitness. A night worker certified as temporarily unfit for night work shall be given the
same protection against dismissal or notice of dismissal as other workers who are prevented from
working for reasons of health.

Can women be employed as night workers?

Yes. However, measures shall be taken to ensure that an alternative to night work is available to
women workers who would otherwise be called upon to perform such work:

1. Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be divided
between the time before and after childbirth;
2. For additional periods, in respect of which a medical certificate is produced stating that said
additional periods are necessary for the health of the mother or child: (a) During pregnancy;
and (b) During a specified time beyond the period after childbirth is fixed pursuant to
subparagraph [a] above, the length of which shall be determined by the DOLE after
consulting the labor organizations and employers.

During the periods mentioned above:

A woman worker shall not be dismissed or given notice of dismissal, except for just or
authorized causes provided for in the Labor Code that are not connected with pregnancy,
childbirth and childcare responsibilities.
A woman worker shall not lose the benefits regarding her status, seniority, and access to
promotion which may attach to her regular night work position.

Pregnant women and nursing mothers may he allowed to work at night only if a competent
physician, other than the company physician, shall certify their fitness to render night work, and
specify, in the ease of pregnant employees, the period of the pregnancy that they can safely work.

The measures to ensure an alternative to night work for women workers may include transfer to day
work where this is possible, the provision of social security benefits or an extension of maternity
leave.

Nothing in these provisions shall not have the effect of reducing the protection and benefits
connected with maternity leave under existing laws.

What are the factors to be considered in fixing the salary for night workers?

The compensation for night workers in the form of working time, pay or similar benefits shall
recognize the exceptional nature of night work.

How does the employer fix the night work schedule?

Before introducing work schedules requiring the services of night workers, the employer shall consult
the workers representatives/labor organizations concerned on the details of such schedules and the
forms of organization of night work that are best adapted to the establishment and its personnel, as
well as on the occupational health measures and social services which are required. In
establishments employing night workers, consultation shall take place regularly.

What are the mandatory facilities required from employers?

First aid. These are suitable first-aid facilities that shall be made available for workers performing
night work, including arrangements where such workers, where necessary, can be taken
immediately to a place for appropriate treatment. The employers are likewise required to provide
safe and healthful working conditions and adequate or reasonable facilities such as sleeping or
resting quarters in the establishment and transportation from the work premises to the nearest point
of their residence subject to exceptions and guidelines to be provided by the DOLE.

Social services. Appropriate social services shall be provided for night workers and, where
necessary, for workers performing night work.

When is the implementation?

The measures referred to in this chapter shall be applied not later than six (6) months from the
effectivity of R.A. 10151. This law becomes effective after fifteen (15) days following its publication in
two (2) national newspapers of general circulation.

What are the imposable penalties in case of violations?

Any violation of R.A. 10151 and its Implementing Rules and Regulations shall be punished with a
fine of not less than Thirty Thousand Pesos (PhP30,000) nor more than Fifty Thousand Pesos
(PhP50,000) or imprisonment of not less than six (6) months, or both, at the discretion of the court. If
the offense is committed by a corporation, trust, firm, partnership or association, or other entity, the
penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership
or association, or entity.

REPUBLIC ACT NO. 10911 - AN ACT PROHIBITING DISCRIMINATION AGAINST ANY INDIVIDUAL IN
EMPLOYMENT ON ACCOUNT OF AGE AND PROVIDING PENALTIES THEREFOR

H. No. 6418 S. No. 29 ; Manila Bulletin (August 01, 2016)

REPUBLIC ACT NO. 10911, July 21, 2016

AN ACT PROHIBITING DISCRIMINATION AGAINST ANY INDIVIDUAL IN EMPLOYMENT ON ACCOUNT

OF AGE AND PROVIDING PENALTIES THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: cha nRoblesvi rt ual Lawlib rary

Section 1. Short Title. This Act shall be known as the "Anti-Age Discrimination in Employment Act".

Sec. 2. Declaration of Policies. The State shall promote equal opportunities in employment for everyone. To
this end, it shall be the policy of the State to:
ChanRoblesVi rt ualawlib ra ry

(a) Promote employment of individuals on the basis of their abilities, knowledge, skills and qualifications rather
than their age.

(b) Prohibit arbitrary age limitations in employment.

(c) Promote the right of all employees and workers, regardless of age, to be treated equally in terms of
compensation, benefits, promotion, training and other employment opportunities.
Sec. 3. Definition of Terms. As used in this Act: ChanRoblesVirtualawl ibra ry

(a) Employee refers to a person who performs professional, managerial or administrative work and is paid
salaries by the employer as compensation for services rendered; c ralawlaw lib rary

(b) Employer refers to any person, natural or juridical, employing the services of an employee or worker and
shall include the government and all its branches, subdivisions and instrumentalities, all government-owned and
-controlled corporations, and government financial institutions, as well as nonprofit private institutions or
organizations; cralawlaw lib rary

(c) Job applicant refers to a person who applies for employment; cralawlawl ibra ry

(d) Labor contractor refers to any person or an agent of that person who regularly undertakes, with or without
compensation, the procurement of employees or workers for an employer, or the procurement for employees' or
workers' opportunities to work for an employer; cra lawlawlib ra ry

(e) Labor organization refers to any union or association of employees or workers which exists in whole or in
part for the purpose of collective bargaining or for dealing with employers concerning terms and conditions of
employment; c ralawlawlib ra ry

(f) Publisher refers to any person or juridical entity engaged in the printing of information on paper and its
distribution, buying or securing of airtime or space on television, radio or the internet, and other similar media;
and

(g) Worker refers to a person who performs manual labor involving skilled or unskilled work, and is paid wages
by the employer as compensation for services rendered.

Sec. 4. Coverage. The provisions of this Act shall apply to all employers, labor contractors or subcontractors, if
any, and labor organizations.

Sec. 5. Prohibition of Discrimination in Employment on Account of Age. (a) It shall be unlawful for an employer
to:ChanRobles Vi rtualaw lib rary

(1) Print or publish, or cause to be printed or published, in any form of media, including the internet, any notice
of advertisement relating to employment suggesting preferences, limitations, specifications, and discrimination
based on age; cralawlawlib ra ry

(2) Require the declaration of age or birth date during the application process; c ralawlawli bra ry

(3) Decline any employment application because of the individual's age; cra lawlawlib ra ry

(4) Discriminate against an individual in terms of compensation, terms and conditions or privileges of
employment on account of such individual's age; cra lawlawlib ra ry

(5) Deny any employee's or worker's promotion or opportunity for training because of age; cralawlawl ibra ry

(6) Forcibly lay off an employee or worker because of old age; or

(7) Impose early retirement on the basis of such employee's or worker's age.

(b) It shall be unlawful for a labor contractor or subcontractor, if any, to refuse to refer for employment or
otherwise discriminate against any individual because of such person's age.

(c) It shall be unlawful for a labor organization to: ChanRobles Vi rtua lawlib rary

(1) Deny membership to any individual because of such individual's age; c ralawlawl ibra ry

(2) Exclude from its membership any individual because of such individual's age; or

(3) Cause or attempt to cause an employer to discriminate against an individual in violation of this Act.
(d) It shall be unlawful for a publisher to print or publish any notice of advertisement relating to employment
suggesting preferences, limitations, specifications, and discrimination based on age.

Sec. 6. Exceptions. It shall not be unlawful for an employer to set age limitations in employment if: ChanRoble sVirtualawl ibra ry

(a) Age is a bona fide occupational qualification reasonably necessary in the normal operation of a particular
business or where the differentiation is based on reasonable factors other than age; crala wlawlibra ry

(b) The intent is to observe the terms of a bona fide seniority system that is not intended to evade the purpose
of this Act;
cralawlawlib rary

(c) The intent is to observe the terms of a bona fide employee retirement or a voluntary early retirement plan
consistent with the purpose of this Act: Provided, That such retirement or voluntary retirement plan is in
accordance with the Labor Code, as amended, and other related laws; or

(d) The action is duly certified by the Secretary of Labor and Employment in accordance with the purpose of this
Act.

Sec. 7. Penalty. Any violation of this Act shall be punished with a fine of not less than fifty thousand pesos
(P50,000.00) but not more than five hundred thousand pesos (P500,000.00), or imprisonment of not less than
three (3) months but not more than two (2) years, or both, at the discretion of the court. If the offense is
committed by a corporation, trust, firm, partnership or association or other entity, the penalty shall be imposed
upon the guilty officer or officers of such corporation, trust, firm, partnership or association or entity.

Sec. 8. Education and Research Programs. The Department of Labor and Employment (DOLE) shall: ChanRobles Vi rtualawl ib rary

(a) Conduct studies and researches on minimizing impediments to the employment of older persons, and furnish
such information to employers, labor groups, and the general public; and

(b) Promote programs, in coordination with public and private agencies, that will further enhance the knowledge
and skills of every individual regardless of age.

Sec. 9. Implementing Rules and Regulations. The DOLE shall have the authority to investigate and require the
keeping of records necessary for the administration of this Act. Within ninety (90) days from the effectivity of
this Act, the Secretary of Labor and Employment shall formulate the necessary rules and regulations to
implement the provisions of this Act.

Sec. 10. Separability Clause. Should any provision of this Act be declared unconstitutional, the remainder
thereof not otherwise affected shall remain in full force and effect.

Sec. 11. Repealing Clause. All existing laws, presidential decrees, executive orders, proclamations or
administrative regulations that are inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.

Sec. 12. Effectivity. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a
newspaper of general circulation.

Approved: chanroblesvi rt uallawli bra ry

(Sgd.) FRANKLIN M. DRILON (Sgd.) FELICIANO BELMONTE JR.

President of the Senate Speaker of the House
of Representatives

This Act was passed by the House of Representatives as House Bill No. 6418 on May 23, 2016 and adopted by
the Senate as an amendment to Senate Bill No. 29 on May 30, 2016.

(Sgd.) OSCAR G. YABES (Sgd.) MARILYN B. BARUA-YAP

 Secretary of the Senate Secretary General
House of Representatives

Approved:

BENIGNO S. AQUINO III

President of the Philippines

Lapsed into law on JUL 21 2016

Without the signature of the President
In accordance with Article VI, Section
27 (1) of the Constitution

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand ten.

REPUBLIC ACT NO. 10148

AN ACT GRANTING PHILIPPINE CITIZENSHIP TO MARCUS EUGENE DOUTHIT

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

assembled:

Section 1. Marcus Eugene Douthit is hereby granted Philippine citizenship with all the rights,
privileges and prerogatives appurtenant thereto.

Section 2. Upon taking and registration of the oath of allegiance to the Republic of the Philippines,
Marcus Eugene Douthit shall enter upon the full enjoyment of Philippine citizenship.

Section 3. This Act shall take effect upon its approval.

Approved,

(Sgd.) FELICIANO BELMONTE JR. (Sgd.) JUAN PONCE ENRILE

Speaker of the House of Representatives President of the Senate

This Act which originated in the House of Representatives was finally passed by the House of the
Representatives and the Senate on October 4, 2010 and November 8, 2010, respectively.

(Sgd.) EMMA LIRIO-REYES (Sgd.) MARILYN B. BARUA-YAP

Secretary of Senate Secretary General
House of Representatives
Approved:

(Sgd.) BENIGNO SIMION C. AQUINO III

President of the Philippines

Lapsed into Law on March 12, 2011 Without the signature of the President, In accordance with
Article VI, Section 27 (1) of the Constitution.