Domestic workers entitled to rest period
"My mother has been employed as a domestic worker in Alabang since last month. Her tasks include doing all the household chores and taking care of a six-year-old boy. She wakes up at 3 a.m. and works until 11 p.m. The employer of my mother only allows her to rest and sleep for four hours. She has no days off and still works on Sundays. Is this allowed under the Kasambahay Law? Kindly enlighten me on the matter.
To answer your question, we shall refer to Republic Act 10361, or “An Act Instituting Policies for the Protection and Welfare of Domestic Workers,” to wit:“Section 20. Daily Rest Period. — The domestic worker shall be entitled to an aggregate daily rest period of eight hours per day.
“Section 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
“(c) Accumulating rest days not exceeding five (5) days or“(d) Other similar arrangements.“(b) Waiving a particular rest day in return for an equivalent daily rate of pay xxx” (Emphases supplied)Applying the afore-cited law, your mother is entitled to aggregate daily rest period of eight hours per day. She is also entitled to at least 24 consecutive hours of rest in a week. Your mother and her employer may also agree in writing on the schedule of the weekly rest day of your mother. Your mother may likewise accumulate her rest days for five days or may choose to waive her particular rest day in return for an equivalent daily rate of pay, if allowed by her employer.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org"
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"Domestic workers entitled to rest period"
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and updated on 15 September 2021