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The law on domestic workers...

The law on domestic workers
"Is it okay for an employer to require a “kasambahay” to give a deposit or make deductions from the latter’s salary, assuming the latter has caused some loss or damage to the property of the former?Bessy Dear Bessy,Household employers are prohibited from requiring their domestic workers to provide deposits which may be intended to satisfy future losses or damages to the household. This is explicitly provided for under Section 14 of Republic Act 10361 (RA 10361) otherwise known as the “Domestic Workers Act” or “Batas Kasambahay”: “Section 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.”However, household employers and domestic workers are not proscribed from expressly agreeing on having authorized deductions. This can be gleaned under Sections 11 and 25 of RA 10361, which state that: “Section 11. Employment Contract. — An employment contract shall be executed by andbetween 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: x x x(d) Authorized deductionsx x xSection 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. x x x” (Emphasis supplied) We wish to emphasize, though, that the deductions to be made due to loss or damage, as agreed between household employer and domestic worker, should be in line with Section 6, Rule V of the Implementing Rules and Regulations of RA 10361:“Section 6. Other than that those mandated by law, the employer shall not deduct any amount from the wages of the Kasambahay without his/her consent or authorization provided that, deduction for loss or damage shall only be made under the following conditions:(a) The Kasambahay is clearly shown to be responsible for the loss or damage(b) The Kasambahay is given reasonable opportunity to show cause why the deduction should not be made(c) The total amount of such deductions is fair and reasonable and shall not exceed the actual loss or damage and(d) The deduction from the wages of the Kasambahay does not exceed 20% of his/her wages in a month.”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 dearpao@manilatimes.net."
 

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"The law on domestic workers" was written by Mary under the Legal Advice category. It has been read 150 times and generated 0 comments. The article was created on and updated on 15 September 2021.
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