X, a kasambahay of A for five years, filed an application for leave for five days to visit her family in the province. A approved the leave. X returned after the end of her leave. When she received her salary for the month, she was surprised that A deducted five days’ worth of her salary. X complained, claiming that she was entitled to service incentive leaves with pay. A, however, countered that the principle of “no work, no pay” should be followed. Decide with reason(s).
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X is correct. Employer A's deduction of five days' salary is unlawful, and X is entitled to be paid for her five-day leave. Under Section 29 of Republic Act No. 10361 (Batas Kasambahay), a domestic worker who has rendered at least
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Quick check
Under Section 29 of Republic Act No. 10361 (Batas Kasambahay), how many days of annual paid service incentive leave is a domestic worker entitled to after rendering one year of service?
Section 29 of Republic Act No. 10361 grants domestic workers who have rendered at least one year of service an annual service incentive leave of five days with pay.
How does the 'no work, no pay' principle apply when a domestic worker takes an approved statutory service incentive leave?
The 'no work, no pay' principle does not apply to statutory leaves with pay because the law explicitly mandates continued wage payment during approved leave periods.
Why was employer A's five-day salary deduction against kasambahay X legally invalid?
Employer A's deduction was invalid because X satisfied the tenure requirement and properly availed of her statutory five-day paid leave benefit under R.A. 10361.
Are unused annual service incentive leaves of a domestic worker automatically convertible to cash at the end of the year under R.A. 10361?
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What is the legal consequence when an employer unlawfully deducts wages for an authorized service incentive leave taken by a domestic worker?
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Learn more about these topics
1. Kasambahay Leave Benefits
Under Section 29 of Republic Act No. 10361, also known as the Batas Kasambahay, domestic workers who have rendered at least one year of continuous service are entitled to an annual service incentive leave of five days with pay. This statutory leave benefit is designed to grant domestic workers reasonable period for rest and personal matters without loss of income. Unlike general labor standards under the Labor Code, unused service incentive leave by a domestic worker is non-cumulative and non-convertible to cash at the end of the year unless agreed upon.
2. No Work Principle
The general labor rule of 'no work, no pay' embodies the economic principle that wages are earned only when work is actually rendered. However, statutory leave benefits with pay create a express legal exception to this rule. When an employee takes an authorized leave guaranteed by law, such as the statutory service incentive leave under R.A. 10361, the law explicitly requires the employer to maintain full compensation for the approved leave days. An employer cannot invoke the 'no work, no pay' principle to penalize a worker exercising statutory leave rights.
3. Unlawful Wage Deduction
Section 14 of Republic Act No. 10361 explicitly prohibits employers from making unauthorized deductions from the salary of a domestic worker. Deducting pay for an authorized statutory service incentive leave constitutes an illegal wage reduction under domestic work standards. Furthermore, Article 113 of the Labor Code protects workers against unlawful salary subtractions that diminish mandated statutory benefits. Employers who unlawfully deduct salaries for paid leave periods violate statutory labor standards and are obligated to reimburse the withheld wages to the affected domestic worker.