Househelp may be terminated for disease prejudicial to own and employer’s health
"We have a stay-out labandera. She has not reported for work for four months because she said she wanted to take a vacation in her hometown, which is about three hours away from our province by land travel. A couple of weeks ago, she informed me that she would start working again. We agreed for her to have a full check-up first in a government-accredited hospital in her hometown, with our family shouldering the expenses. I took the opportunity of having her seen by doctors because she was acting really weird and scary prior to her leaving us for the supposed vacation. We saw her talking to herself and, worse, arguing with herself. My wife and I have been uncomfortable having her around especially that we have minor children. So, apart from having her physical check-up, we had her examined by a government psychiatrist. Her certified results came out that she has schizophrenia. I would not want to terminate her services, but I fear I might put the life of my family and myself in danger if we continue her services. Do I have a valid reason to terminate her?Zaldy
Dear Zaldy,The applicable law in the situation which you have presented is Republic Act 10361, or more commonly known as the “Domestic Workers Act” or “Batas Kasambahay.” Under Sections 32 and 34 of said law, domestic workers like laundry persons may not be terminated from their employment before the expiration of the term thereof, except when there is a lawful cause to such termination. For your guidance, Sections 32 and 34 stat:
“Section 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 worker’s 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.“Section 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:
“x x x“(f) Any disease prejudicial to the health of the domestic worker, the employer, or member/s of the household x x x.” (Emphasis supplied)Considering that your helper has been declared to be suffering from schizophrenia, which may be prejudicial to her own health, to your health as well as to the other members of your household, then you may validly terminate her services.We hope that we were able to answer your queries. Please be reminded that 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.
On Fri, Aug 14, 2020 at 5:06 PM (NEWSDESK) wrote:Kasambahay may be terminated for a disease that is prejudicial to her own health, as well as to the health of her employersEditor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com"
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"Househelp may be terminated for disease prejudicial to own and employer’s health"
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and updated on 15 September 2021