Dear PAO,
What is the minimum wage for house helpers? What other benefits do
employers need to give their house helpers? Are those helpers who are
not “stay-in” included?
Sincerely,
George
Dear George,
As provided for under Section 24 of Republic Act (R.A.) No. 10361,
otherwise known as the Domestic Workers Act or Batas Kasambahay,
domestic workers are entitled to the following minimum wage: (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.
Aside from the grant of minimum wage, domestic workers are entitled
to receive the following benefits from their employers: (1) Daily and
weekly rest period; (2) Annual service incentive leave of five days with
pay for those who have rendered at least one year of service; (3)
Thirteenth month pay which is not less than one-twelfth of the basic
salary for those who have rendered at least one month of service; (4)
Coverage under the Social Security System (SSS), Employees Compensation
Commission (ECC), Philippine Health Insurance Corporation (Philhealth)
and Home Development Mutual Fund or Pag-Ibig; and (5) Board, lodging and
medical attendance (Section 1, Rule IV, Implementing Rules and
Regulations (IRR) of R. A. No. 10361).
In addition, domestic workers are guaranteed the following: (1) Right
to privacy; (2) Right to form, join or assist labor organizations; (3)
Right to be provided a copy of the employment contract; (4) Right to
terminate the employment; (5) Right to exercise their own religious
beliefs and cultural practices; (6) Right to access to outside
communication; (7) Right to access to education and training; and (8)
Standard of treatment (Section 1, Rule IV, IRR of R. A. No. 10361).
It is worth emphasizing that the grant of the aforementioned benefits
applies not only to those domestic workers who are “stay-in” or living
in the same house as their employers, but also to those who are in a
“live-out” arrangement. This includes general househelp, yaya, cook,
gardener, laundry person, or any person who regularly performs domestic
work in one household on occupational basis. However, service providers,
family drivers, children under foster family arrangement, as well as
any other person who performs work occasionally or sporadically and not
on an occupational basis are not entitled to the said benefits (Section
2, Rule I, IRR of R. A. No. 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.
Source: Manila Times Column of Atty Persida Acosta
