‘Kasambahay’ entitled to separation pay only if provided in contract
"My childhood friend’s mother works as a “kasambahay.” She wants to resign from her employer and instead look after her younger children, because my friend is planning to work in Singapore. If her mother decides to voluntarily resign, will she be able to receive separation pay? Please advise me on this matter.
The rights of a kasambahay are specifically provided under Republic Act (RA) 10361, otherwise known as the Domestic Workers Act or “Batas Kasambahay.” Among these rights are: the grant of minimum wage, daily and weekly rest periods, service incentive leaves and 13th month pay freedom from employers’ interference in the disposal of wages SSS, PhilHealth and Pag-IBIG coverage standard treatment board, lodging and medication right to privacy access to outside communication, education and training right to form, join or assist a labor organization right to have a copy of the employment contract and certificate of employment right to lawfully terminate employment and right to exercise own religious belief and cultural practices (Section 1, Rule IV, Implementing Rules and Regulations of RA 10361).It bears stressing that RA 10361 does not specifically mention any grant of separation pay to a kasambahay who voluntarily resigns. What is mentioned under the law, if there is any, is that compensation may be given to those who are unjustly terminated from their domestic employment. As provided under Section 32 of RA 10361:
“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: x x x”Accordingly, if your childhood friend’s mother decides to voluntarily resign from her employment, she will not be entitled to receive separation pay, unless such benefit has been explicitly contracted upon by her and her employer. At most, she will only be entitled to the salaries which she has already worked for but has yet to be paid, as well as unpaid but earned 13th month pay benefit, provided she has rendered at least one month of service (Section 25 of RA 10361 in relation to Section 8, Rule IV, Implementing Rules and Regulations of RA 10361).
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.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to ."
Please support us in writing articles like this by sharing this post
Share this post to your Facebook, Twitter, Blog, or any social media site. In this way, we will be motivated to write articles you like.
--- NOTICE ---
If you want to use this article or any of the content of this website, please credit our website (www.affordablecebu.com) and mention the source link (URL) of the content, images, videos or other media of our website.
"‘Kasambahay’ entitled to separation pay only if provided in contract"
was written by Mary
under the Legal Advice
category. It has been read 75
times and generated 0
comments. The article was created on 14 September 2021
and updated on 14 September 2021