Page 58 - Labor_Code_of_the_Philippines_2016_fulltext_DOLE-Edition
P. 58

ART.  141.  [143]  Minimum  Wage.  102     (a)  Househelpers  shall  be  paid  the
        following minimum wage rates:

            (1) Eight hundred pesos (P800.00) a month for househelpers in Manila, Quezon,
        Pasay,  and  Caloocan  cities  and  municipalities  of  Makati,  San  Juan,  Mandaluyong,
        Muntinlupa,  Navotas,  Malabon,  Parañaque,  Las  Piñas,  Pasig,  Marikina,  Valenzuela,
        Taguig and Pateros in Metro Manila and in highly urbanized cities;

            (2) Six hundred fifty pesos (P650.00) a month for those in other chartered cities
        and first-class municipalities; and

            (3) Five hundred fifty pesos (P550.00) a month for those in other municipalities.

            Provided,  That  the  employers  shall  review  the  employment  contracts  of  their
        househelpers every three (3) years with the end in view of improving the terms and
        conditions thereof.

            Provided,  further,  That  those  househelpers  who  are  receiving  at  least  One
        Thousand pesos (P1,000.00) shall be covered by the Social Security System (SSS) and
        be entitled to all the benefits provided thereunder. 103

            ART. 142. [144] Minimum  Cash Wage.   The minimum wage rates prescribed
        under  this  Chapter  shall  be  the  basic  cash  wages  which  shall  be  paid  to  the
        househelpers in addition to lodging, food and medical attendance.

            ART.  143.  [145]  Assignment  to  Non-Household  Work. 104     No  househelper
        shall be assigned to work in a commercial, industrial or agricultural enterprise at a
        wage  or  salary  rate  lower  than  that  provided  for  agricultural  or  non-agricultural
        workers as prescribed herein.

            ART. 144. [146] Opportunity for Education. 105    If the househelper is under the
        age of eighteen (18) years, the employer shall give him or her an opportunity for at

          101  Pursuant to Sec. 11 of R.A. No. 10361                           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:  (a)  duties and  responsibilities  of  the  domestic  worker;  (b)  period  of  employment;  (c)  compensation; (d)  authorized  deductions;  (e)  hours  of  work  and
        proportionate additional payment; (f) rest days and allowable leaves; (g) board, lodging and medical attention; (h) agreements on deployment expenses, if any; (i) loan agreement; (j)
        termination of employment; and (k) any other lawful condition agreed upon by both parties.

          102  As amended by R.A. No. 7655 (1993). Note that Sec. 24 of R.A. No. 10361 prescribes that the minimum wage of domestic workers shall not be less than:
          (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.

          103
            Sec. 30 (Social and Other Benefits) of R.A. No. 10361 requires that a domestic worker who has rendered at least one (1) month of service be covered by the SSS, PhilHealth, and
        HDMF or Pag-IBIG, and be entitled to all the benefits in accordance with the pertinent provisions provided by law.

          104
            Sec. 22 (Assignment to Nonhousehold Work) of R.A. No. 10361 provides the assignment of a domestic worker to work in a commercial, industrial or agricultural enterprise at a
        wage rate lower than that provided for agricultural or nonagricultural workers. In such cases, the domestic worker shall be paid the applicable minimum wage.

          105  Sec. 9 (Right to Education and Training) of R.A. No. 10361 provides that the employer shall afford the domestic worker the opportunity to finish basic education and may allow
        access to alternative learning systems and, as far as practicable, higher education or technical and vocational training. The employer shall adjust the work schedule of the domestic worker to
        allow such access to education or training without hampering the services required by the employer.

                                           58
   53   54   55   56   57   58   59   60   61   62   63