Your favorite relative, Tita Nilda, approaches you and seeks your advice on her treatment of her kasambahay, Noray. Tita Nilda shows you a document called a “Contract of Engagement” for your review. Under the Contract of Engagement, Noray shall be entitled to a rest day every week, provided that she may be requested to work on a rest day if Tita Nilda should need her services that day. Tita Nilda also claims that this Contract of Engagement should embody all terms and conditions of Noray’s work as the engagement of a kasambahay is a private matter and should not be regulated by the State.
a) Is Tita Nilda correct in saying that this is a private matter and should not be regulated by the State? (2.5%)
b) Is the stipulation that she may be requested to work on a rest day legal? (2.5%)
c) Are stay-in family drivers included under the Kasambahay Law? (2.5%)
Suggested answer only. Not an official answer and not legal advice.
(a) **No**, Tita Nilda is wrong. (b) **Yes**, the rest day stipulation is legal. (c) **No**, stay-in family drivers are excluded from the Kasambahay Law. Under police power and R.A. No. 10361 (Batas Kasambahay), domestic work is regulated to
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Quick check
Is the employment contract of a domestic worker subject to regulation by the State under R.A. No. 10361?
Domestic employment is subject to State regulation under police power to protect workers' welfare.
Under Section 21 of R.A. No. 10361, how many consecutive hours of weekly rest is a kasambahay entitled to receive?
Section 21 of R.A. No. 10361 mandates an uninterrupted weekly rest period of 24 consecutive hours.
Is a contractual stipulation permitting an employer to request a kasambahay to work on her rest day legally valid?
Working on a rest day is valid provided there is mutual agreement and proper compensation.
Under Atienza v. Saluta, which law governs the employment relationship of stay-in family drivers?
Choices available with full access.
Why are stay-in family drivers excluded from the coverage of the Kasambahay Law (R.A. No. 10361)?
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Learn more about these topics
1. Domestic Work Regulation
Under the police power of the State and Republic Act No. 10361, otherwise known as the Domestic Workers Act or Batas Kasambahay, employment contracts involving domestic workers are imbued with public interest and subject to State regulation. Domestic work is an employer-employee relationship governed by mandatory statutory minimum standards, including wage protection, social security coverage, and humane working conditions. An employer cannot claim that engaging a kasambahay is a purely private affair exempt from State labor legislation, as any contractual stipulation below statutory minimum standards is declared void.
2. Weekly Rest Day
Under Section 21 of Republic Act No. 10361, a domestic worker is entitled to an uninterrupted weekly rest period of at least twenty-four consecutive hours. However, the law allows the employer and the kasambahay to agree on custom rest day schedules, including working on a scheduled rest day, provided that the work is requested with mutual agreement and compensated accordingly through premium pay or offsetting rest periods. A contractual provision stating that the worker may be requested to work on a rest day is valid, as long as performance remains voluntary.
3. Family Drivers Exclusion
In Atienza v. Saluta, the Supreme Court clarified that stay-in family drivers are expressly excluded from the coverage of Republic Act No. 10361. Although family drivers perform services in a personal household, their employment is governed separately under the pertinent provisions of the Civil Code of the Philippines rather than the Kasambahay Law. Consequently, statutory benefits specifically created under the Batas Kasambahay, such as thirteenth-month pay and five-day service incentive leave, cannot be automatically claimed by family drivers unless provided by contract or established company policy.