Where the women employees are immediate members of the family
operating the establishment or undertaking; and
Title III
WORKING CONDITIONS FOR
SPECIAL GROUPS OF EMPLOYEES
Chapter I
EMPLOYMENT OF WOMEN
Art. 130. Nightwork prohibition. No woman, regardless of age, shall be
employed or permitted or suffered to work, with or without compensation:
In any industrial undertaking or branch thereof between ten oclock at
night and six oclock in the morning of the following day; or
In any commercial or non-industrial undertaking or branch thereof, other
than agricultural, between midnight and six oclock in the morning of the
following day; or
In any agricultural undertaking at nighttime unless she is given a period of
rest of not less than nine (9) conssecutive hours.
Art. 131. Exceptions. The prohibitions prescribed by the preceding Article shall
not apply in any of the following cases:
In cases of actual or impending emergencies caused by serious accident,
fire, flood, typhoon, earthquake, epidemic or other disasters or calamity,
to prevent loss of life or property, or in cases of force majeure or imminent
danger to public safety;
In case of urgent work to be performed on machineries, equipment or
installation, to avoid serious loss which the employer would otherwise
suffer;
Where the work is necessary to prevent serious loss of perishable goods;
Where the woman employee holds a responsible position of managerial or
technical nature, or where the woman employee has been engaged to
provide health and welfare services;
Where the nature of the work requires the manual skill and dexterity of
women workers and the same cannot be performed with equal efficiency
by male workers;
Under other analogous cases exempted by the Secretary of Labor and
Employment in appropriate regulations.
Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two
thousand ten.
REPUBLIC ACT NO. 10151
AN ACT ALLOWING THE EMPLOYMENT OF NIGIIT WORKERS, THEREBY REPEALING
ARTICLES 130 AND 131 OF PRESIDENTIAL DECREE NUMBER FOUR HUNDRED
FORTY-TWO, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE
PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
Section 1. Article 130 of the Labor Code is hereby repealed.
Section 2. Article 131 of the Labor Code is hereby repealed.
Section 3. The subsequent articles in Book Three, Title III, Chapter I to Chapter IV of
Presidential Decree No. 442 are hereby renumbered accordingly.
Section 4. A new chapter is hereby inserted after Book Three, Title III of Presidential
Decree No. 442, to read as follows:
"Chapter V
"Employment of Night Workers
"Article 154. Coverage. - This chapter' shall apply to all persons, who shall be
employed or permitted or suffered to work at night, except those employed in
agriculture, stock raising, fishing, maritime transport and inland navigation, during a
period of not less than seven (7) consecutive hours, including the interval from
midnight to five o'clock in the morning, to be determined by the Secretary of Labor
and Employment, after consulting the workers' representatives/labor organizations
and employers.
1
"'Night worker' means any employed person whose work requires performance of a
substantial number of hours of night work which exceeds a specified limit. This limit
shall be fixed by the Secretary of Labor after consulting the workers'
representatives/labor organizations and employers."
"Article 155. Health Assessment. - At their request, workers shall have the right to
undergo a health assessment without charge and to receive advice on how to
reduce or avoid health problems associated with their work:
"(a) Before taking up an assignment as a night worker;
"(b) At regular intervals during such an assignment; and
"(c) If they experience health problems during such, an assignment which
are not caused by factors other than the performance of night work.
"With the exception of a finding of unfitness for night work, the findings of such
assessments shall not be transmitted to others without the workers' consent and
shall not be used to their detriment."
"Article 156. Mandatory Facilities. - Suitable firstaid facilities shall be made
available for workers performing night work, including arrangements where such
workers, where necessary, can be taken immediately to a place for appropriate
treatment. The employers are likewise required to provide safe and healthful
working conditions and adequate or reasonable facilities such as sleeping or resting
quarters in the establishment and transportation from the work premises to the
nearest point of their residence subject to exceptions and guidelines to be provided
by the DOLE."
"Article 157. Transfer. - Night workers who are certified as unfit for night work, due
to health reasons, shall be transferred, whenever practicable, to a similar job for
which they are fit to work.
"If such transfer to a similar job is not practicable, these workers shall be granted
the same benefits as other workers who are unable to work, or to secure
employment during such period.
"A night worker certified as temporarily unfit for night work shall be given the same
protection against dismissal or notice of dismissal as other workers who are
prevented from working for reasons of health."
"Article 158. Women Night Workers. - Measures shall be taken to ensure that an
alternative to night work is available to women workers who would otherwise be
called upon to perform such work:
"(a) Before and after childbirth, for a period of at least sixteen (16) weeks,
which shall be divided between the time before and after childbirth;
"(b) For additional periods, in respect of winch a medical certificate IS
produced stating that said additional periods are necessary for the health
of the mother or child:
"(1) During pregnancy;
"(2) During a specified time beyond the period, after childbirth is
fixed pursuant to subparagraph (a) above, the length of which
shall be determined by the DOLE after consulting the labor
organizations and employers.
"During the periods referred to in this article:
"(i) A woman worker shall not be dismissed or given
notice of dismissal, except for just or authorized causes
provided for in this Code that are not connected with
pregnancy, childbirth and childcare responsibilities.
"(ii) A woman worker shall not lose the benefits
regarding her status, seniority, and access to promotion
which may attach to her regular night work position.
"Pregnant women and nursing mothers may be allowed
to work .at night only if a competent physician, other
than the company physician, shall certify their fitness to
render night work, and specify, in the case of pregnant
employees, the period of the pregnancy that they can
safely work.
"The measures referred to in this article may include
transfer to day work where this is possible, the provision
of social security benefits or an extension of maternity
leave.
2
 "The provisions of this article shall not leave the effect of
reducing the protection and benefits connected with
maternity leave under existing laws."
"Article 159. Compensation. The compensation for night workers in the form of
working time, pay or similar benefits shall recognize the exceptional nature of night
work."
"Article 160. Social Services. - Appropriate social services shall be provided for night
workers and, where necessary, for workers performing night work."
"Article 161. Night Work Schedules. - Before introducing work schedules requiring
the services of night workers, the employer shall consult the workers'
representatives/labor organizations concerned on the details of such schedules and
the forms of organization of night work that are best adapted to the establishment
and its personnel, as well as on the occupational health measures and social
services which are required. In establishments employing night workers,
consultation shall take place regularly."
Section 5. The subsequent articles starting from Book Four, Title I, Chapter I of
Presidential Decree No. 442 are hereby renumbered accordingly.
Section 6. Application. - The measures referred to in this chapter shall be applied
not later than six (6) months from the effectivity of this Act.
Section 7. Guidelines. - The DOLE shall promulgate appropriate regulations in
addition to existing ones to ensure protection, safety and welfare of night workers.
Section 8. Penalties. - Any violation of this Act, and the rules and regulations issued
pursuant hereof shall be punished with a fine of not less than Thirty thousand pesos
(P30,000.00) nor more than Fifty thousand pesos (P50,000.00) or imprisonment of
not less than six (6) months, or both, at the discretion of the court. If the offense is
committed by a corporation, trust, firm, partnership at association, or other entity,
the penalty shall be imposed upon the guilty officer or officers of such corporation,
trust, firm, partnership or association, or entity.
DO 119-12
Art. 132. Facilities for women. The Secretary of Labor and Employment shall
establish standards that will ensure the safety and health of women
employees. In appropriate cases, he shall, by regulations, require any employer
to:
Provide seats proper for women and permit them to use such seats when
they are free from work and during working hours, provided they can
perform their duties in this position without detriment to efficiency;
To establish separate toilet rooms and lavatories for men and women and
provide at least a dressing room for women;
To establish a nursery in a workplace for the benefit of the women
employees therein; and
To determine appropriate minimum age and other standards for
retirement or termination in special occupations such as those of flight
attendants and the like.
REPUBLIC ACT No. 10028
AN ACT EXPANDING THE PROMOTION OF BREASTFEEDING, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 7600, OTHERWISE KNOWN AS "AN ACT PROVIDING
INCENTIVES TO ALL GOVERNMENT AND PRIVATE HEALTH INSTITUTIONS WITH
ROOMING-IN AND BREASTFEEDING PRACTICES AND FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Expanded Breastfeeding
Promotion Act of 2009".
Section 2. Section 2 of Republic Act No. 7600 is hereby amended to read as follows:
Sec. 2. Declaration of Policy. - The State adopts rooming-in as a national policy to
encourage, protect and support the practice of breastfeeding. It shall create an
environment where basic physical, emotional, and psychological needs of mothers
and infants are fulfilled through the practice of rooming-in and breastfeeding.
"The State shall likewise protect working women by providing safe and healthful
working conditions, taking into account their maternal functions, and such facilities
and opportunities that will enhance their welfare and enable them to realize their
full potential in the service of the nation. This is consistent with international
treaties and conventions to which the Philippines is a signatory such as the
3
Convention on the Elimination of Discrimination Against Women (CEDAW), which
emphasizes provision of necessary supporting social services to enable parents to
combine family obligations with work responsibilities; the Beijing Platform for
Action and Strategic Objective, which promotes harmonization of work and family
responsibilities for women and men; and the Convention on the Rights of the Child,
which recognizes a child's inherent right to life and the State's obligations to ensure
the child's survival and development.
"Breastfeeding has distinct advantages which benefit the infant and the mother,
including the hospital and the country that adopt its practice. It is the first
preventive health measure that can be given to the child at birth. It also enhances
mother-infant relationship. Furthermore, the practice of breastfeeding could save
the country valuable foreign exchange that may otherwise be used for milk
importation.
"Breastmilk is the best food since it contains essential nutrients completely suitable
for the infant's needs. It is also nature's first immunization, enabling the infant to
fight potential serious infection. It contains growth factors that enhance the
maturation of an infant's organ systems.
"Towards this end, the State shall promote and encourage breastfeeding and
provide the specific measures that would present opportunities for mothers to
continue expressing their milk and/or breastfeeding their infant or young child.
Section 3. Section 3 of Republic Act No. 7600 is hereby amended to read as follows:
"Sec. 3. Definition of Terms. - For purposes of this Act, the following definitions are
adopted:
"a) Age of gestation - the length of time the fetus is inside the mother's
womb.
"b) Bottlefeeding - the method of feeding an infant using a bottle with
artificial nipples, the contents of which can be any type of fluid.
"c) Breastfeeding - the method of feeding an infant directly from the
human breast.
"d) Breastmilk - the human milk from a mother.
"e) Breastmilk substitute - any food being marketed or otherwise
represented as partial or total replacement of breastmilk whether or not
suitable for that purpose.
"f) Donor milk - the human milk from a non-biological mother.
"g) Expressed breastmilk - the human milk which has been extracted from
the breast by hand or by breast pump. It can be fed to an infant using a
dropper, a nasogastric tube, a cup and spoon, or a bottle.
"h) Expressing milk - the act of extracting human milk from the breast by
hand or by pump into a container.
"i) Formula feeding - the feeding of a newborn with infant formula usually
by bottle feeding. It is also called artificial feeding.
"j) Health institutions - are hospitals, health infirmaries, health centers,
lying-in centers, or puericulture centers with obstetrical and pediatric
services.
"k) Health personnel - are professionals and workers who manage and/or
administer the entire operations of health institutions and/or who are
involved in providing maternal and child health services.
"l) Health workers - all persons who are engaged in health and health-
related work, and all persons employed in all hospitals, sanitaria, health
infirmaries, health centers, rural health units, barangay health stations,
clinics and other health-related establishments, whether government or
private, and shall include medical, allied health professional, administrative
and support personnel employed regardless of their employment status.
"m) Infant - a child within zero (0) to twelve (12) months of age.
"n) Infant formula - the breastmilk substitute formulated industrially in
accordance with applicable Codex Alimentarius standards, to satisfy the
normal nutritional requirements of infants up to six (6) months of age, and
adopted to their physiological characteristics.
"o) Lactation management - the general care of a mother-infant nursing
couple during the mother's prenatal, immediate postpartum and postnatal
periods. It deals with educating and providing knowledge and information
4
to pregnant and lactating mothers on the advantages of breastfeeding, the
risks associated with breastmilk substitutes and milk products not suitable
as breastmilk substitutes such as, but not limited to, condensed milk and
evaporated milk, the monitoring of breastfeeding mothers by health
workers and breastfeeding peer counselors for service patients to ensure
compliance with the Department of Health, World Health Organization
(WHO) and the United Nations Children's Fund (UNICEF) on the
implementation of breastfeeding policies, the physiology of lactation, the
establishment and maintenance of lactation, the proper care of the breasts
and nipples, and such other matters that would contribute to successful
breastfeeding.
"p) Lactation stations - private, clean, sanitary, and well-ventilated rooms
or areas in the workplace or public places where nursing mothers can wash
up, breastfeed or express their milk comfortably and store this afterward.
"q) Low birth weight infant - a newborn weighing less than two thousand
five hundred (2,500) grams at birth.
"r) Nursing employee - any female worker, regardless of employment
status, who is breastfeeding her infant and/or young child.
"s) Mother's milk - the breastmilk from the newborn's own mother.
"t) Non-health facilities, establishment or institution - public places and
working places, as defined in subparagraphs (u) and (y), respectively.
"u) Public place - enclosed or confined areas such as schools, public
transportation terminals, shopping malls, and the like.
"v) Rooming-in - the practice of placing the newborn in the same room as
the mother right after delivery up to discharge to facilitate mother-infant
bonding and to initiate breastfeeding. The infant may either share the
mother's bed or be placed in a crib beside the mother.
"w) Seriously ill mothers - are those who are: with severe infections; in
shock, in severe cardiac or respiratory distress; or dying; or those with
other conditions that may be determined by the attending physician as
serious.
"x) Wet-nursing - the feeding of a newborn from another mother's breast
when his/her own mother cannot breastfeed.
"y) Workplace - work premises, whether private enterprises or government
agencies, including their subdivisions, instrumentalities and government-
owned and -controlled corporations.
"z) Young child - a child from the age of twelve (12) months and one (1) day
up to thirty-six (36) moths.
Section 4. Section 4 of Republic Act No. 7600 is hereby amended to read as follows:
Sec. 4. Applicability. - The provisions in this Chapter shall apply to all private
enterprises as well as government agencies, including their subdivisions and
instrumentalities, and government-owned and -controlled corporations.
Upon application to, and determination by, the Secretary of the Department of
Labor and Employment for the private sector, and the Chairperson of the Civil
Service Commission for the public sector, all health and non-health facilities,
establishments and institutions may be exempted for a renewable period of two (2)
years from Section 6 of this Act where the establishment of lactation stations is not
feasible or necessary due to the peculiar circumstances of the workplace or public
place taking into consideration, among others, number of women employees,
physical size of the establishment, and the average number of women who visit.
All health and non-health facilities, establishments or institutions which are
exempted in complying with the provisions of this Act but nevertheless opted to
comply are entitled to the benefits herein stated: Provided, That they give their
employees the privilege of using the same.
Section 5. Section 10 of Republic Act No. 7600 is hereby amended to read as
follows:
Sec. 10. Provision of Facilities for Breastmilk Collection and Storage for Health
Institutions. - The health institution adopting rooming-in and breastfeeding shall
provide equipment, facilities, and supplies for breastmilk collection, storage and
utilization, the standards of which shall be defined by the Department of Health.
Health institutions are likewise encouraged to set up milk banks for storage of
breastmilk donated by mothers and which have undergone pasteurization. The
stored breastmilk will primarily be given to children in the neonatal intensive care
unit whose own mothers are seriously ill.
5
Section 6. A new Section 11, under a new Chapter, is added to read as follows:
CHAPTER III
Lactation Stations
Sec. 11. Establishment of Lactation Stations. - It is hereby mandated that all health
and non-health facilities, establishments or institutions shall establish lactation
stations. The lactation stations shall be adequately provided with the necessary
equipment and facilities, such as: lavatory for hand-washing, unless there is an
easily-accessible lavatory nearby; refrigeration or appropriate cooling facilities for
storing expressed breastmilk; electrical outlets for breast pumps; a small table;
comfortable seats; and other items, the standards of which shall be defined by the
Department of Health. The lactation station shall not be located in the toilet.
In addition, all health and non-health facilities, establishments or institutions shall
take strict measures to prevent any direct or indirect form of promotion, marketing,
and/or sales of infant formula and/or breastmilk substitutes within the lactation
stations, or in any event or circumstances which may be conducive to the same.
Apart from the said minimum requirements, all health and non-health facilities,
establishments or institutions may provide other suitable facilities or services within
the lactation station, all of which, upon due substantiation, shall be considered
eligible for purposes of Section 14 of this Act.
Section 7. A new Section 12 is hereby added to read as follows:
Sec. 12. Lactation Periods. - Nursing employees shall granted break intervals in
addition to the regular time-off for meals to breastfeed or express milk. These
intervals, which shall include the time it takes an employee to get to and from the
workplace lactation station, shall be counted as compensable hours worked. The
Department of Labor and Employment (DOLE) may adjust the same: Provided, That
such intervals shall not be less than a total of forty (40) minutes for every eight (8)-
hour working period.
Section 8. Section 11, which shall be under the renumbered Chapter IV of Republic
Act No. 7600, is hereby amended to read as follows:
"CHAPTER IV"
"INFORMATION, EDUCATION AND RE-EDUCATION DRIVE"
"SEC. 13. Continuing Education, Re-education and Training of Health Workers and
Health Institutions.- The Department of Health with the assistance of other
government agencies, professional and nongovernmental organizations shall
conduct continuing information, education, re-education, and training programs for
physicians, nurses, midwives, nutritionist-dietitians, community health workers and
traditional birth attendants (TBAs) and other health worker on current and updated
lactation management.
Information materials shall be given to all health workers involved in maternal and
infant care health institutions."
Section 9. Section 12 Information Dissemination and Educational Programs of
Pregnant Women and Women of Reproductive Age. - During the prenatal, perinatal
and postnatal consultations and/or confinements of the mothers or pregnant
women in a health institution and the health worker to immediately and
continuously teach, train and support the women on current and updated lactation
management and infant care, through participatory strategies such as organization
of mothers' clubs and breastfeeding support groups and to distribute written
information materials on such matters free of charge.
"The Department of Health is hereby mandated to develop and provide
breastfeeding programs for working mothers whose employees are encouraged to
avail of it as part of their human resource development programs.
"To equip women of reproductive age with accurate information on maternal
nutrition and proper nourishment in preparation for successful and sustainable
breastfeeding, the Department of Health is likewise mandated to produce and make
available relevant information and programs which should be disseminated to all
city, municipal and barangay health centers.
"Employers are also highly encouraged to develop breastfeeding or lactation
support programs which main functions are to assess the needs of lactating
employees with adequate information regarding lactation management in the form
of brochures, pamphlets and other educational materials."
Section 10. A new Section 15 is hereby added to read as follows:
"SEC. 15. Integration of Breastfeeding Education in the Curricula. - To encourage
and promote breastfeeding, the Department of Education, the Commission on
higher Education. And the Technical Education, and the Technical Education and
Skills Development Authority shall integrate in the relevant subjects in the
elementary, high school and college levels, especially in the medical and education,
6
the importance, benefits, methods or techniques of breastfeeding, and change of
societal attitudes towards breastfeeding."
Section 11. A new Section 16 is hereby added to read as follows:
"SEC. 16. Breastfeeding Awareness Month. - To raise awareness on the importance
of and to further promote breastfeeding, the month of August in each and every
year throughout the Philippines shall be known as "Breastfeeding Awareness
Month."
Section 12. A new Section 17. Is hereby added to read as follows:
"SEC. 17. Public Education and Awareness Program. - To ensure the meaningful
observance of breastfeeding month as herein declared, a comprehensive national
public education and awareness program shall be undertaken in order to achieve
the following objectives:
"a) To protect, promote and support breastfeeding in the Philippines as the
normal, natural and preferred method of feeding infants and young
children;
"b) To guarantee the rightful place of breastfeeding in society as a time
honored tradition and nurturing value as well as a national health policy
that must be enforced;
"c) To provide information about the benefits and superiority of
breastfeeding and the high risks and costs of bottlefeeding;
"d) To generate awareness on, and full enforcement of, national and
international laws, codes, policies and programs on the promotion and
protection of safe and adequate nutrition for infants and young children by
promoting and protecting breastfeeding and regulating the marketing of
certain foods and feeding bottles, teats and pacifiers; and
"e) To instill recognition and support and ensure access to comprehensive,
current and culturally appropriate lactation care and services for all
women, children and families, including support for breastfeeding mothers
in the work force.
"The Department of Health shall lead in the implementation of the comprehensive
national public education and awareness program on breastfeeding through a
collaborative interagency and multi-sectoral effort at all levels."
Section 13. A new Section 18, which shall be under the renumbered Chapter V of
Republic Act No. 7600, is hereby added to read as follows:
CHAPTER V
Miscellaneous Provisions
"Sec. 18. Department of Health Certification. - Any health and non-health facility,
establishment or institution satisfying the requirements of Sections 6 and 7 herein
relative to a proper lactation station may apply with the local Department of Health
office for a 'working mother-baby friendly' certification. The Department of Health
shall promulgate guidelines to determine eligibility for such certification, which shall
include an annual Department of Health inspection to confirm the continued
compliance with its standards.
"The Department of Health shall maintain a list of 'mother-baby-friendly'
establishments, which it shall make available to the public."
Section 14. Section 13 of Republic Act No. 7600 is hereby renumbered and
amended to read as follows:
"Sec. 19. Incentives. - The expenses incurred by a private health and non-health
facility, establishment or institution, in complying with the provisions of this Act,
shall be deductible expenses for income tax purposes up to twice the actual amount
incurred: Provided, That the deduction shall apply for the taxable period when the
expenses were incurred: Provided, further, That all health and non-health facilities,
establishments and institutions shall comply with the provisions of this Act within
six (6) months after its approval: Provided, finally, That such facilities,
establishments or institutions shall secure a "Working Mother-Baby-Friendly
Certificate" from the Department of Health to be filed with the Bureau of Internal
Revenue, before they can avail of the incentive.
"Government facilities, establishments or institutions shall receive an additional
appropriation equivalent to the savings they may derive as a result of complying
with the provisions of this Act. The additional appropriation shall be included in
their budget for the next fiscal year."
Section 15. A new Section 20 shall be added to read as follows:
7
"Sec. 20. Implementing Agency. - The Department of Health shall be principally
responsible for the implementation and enforcement of the provisions of this Act."
Section 16. Section 14 of Republic Act No. 7600 is hereby renumbered and
amended to read as follows:
"Sec. 21. Sanctions. - Any private non-health facility, establishment and institution
which unjustifiably refuses or fails to comply with Sections 6 and 7 of this Act shall
be imposed a fine of not less than Fifty thousand pesos (Php50,000.00) but not
more than Two hundred thousand pesos (Php200,000.00) on the first offense.
"On the second offense, a fine of not less than Two hundred thousand pesos
(Php200,000.00) but not more than Five hundred thousand pesos (Php500,000.00).
"On the third offense, a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than One million pesos (Php1,000,000.00) and the
cancellation or revocation of the business permits or licenses to operate.
"In all cases, the fine imposed should take into consideration, among others,
number of women employees, physical size of the establishment, and the average
number of women who visit.
"In addition, the Secretary of Health is hereby empowered to impose sanctions on
health institution for the violation of this Act and the rules issued thereunder. Such
sanctions may be in the form of reprimand or censure and in case of repeated
willful violations, suspension of the permit to operate of the erring health
institution.1avvphi1
"Heads, officials and employees of government health and non-health facilities,
establishments and institutions who violate this Act shall further be subject to the
following administrative penalties:
"First offense - Reprimand;
"Second offense - Suspension for one (1) to thirty (30) days; and
"Third offense - Dismissal.
"This shall be without prejudice to other liabilities applicable under civil service law
and rules."
Section 17. Funding. - Government agencies, including their subdivisions and
instrumentalities, shall use their respective budget for gender and development or
their budgets for repairs, maintenance and materials acquisition to comply with
Section 6 hereof.
Section 18. Rules and Regulations. - The Department of Health, as the lead agency,
in coordination with the Department of Labor and Employment, the Department of
Trade and Industry, the Department of Justice, the Department of Social Welfare
and Development, the Department of Education, the Department of the Interior
and Local Government, the Civil Service Commission, the Commission on Higher
Education, the technical Education and Skills Development Authority and
professional and nongovernmental organizations concerned, shall issue within one
hundred and twenty (120) days upon its effectivity the rules and regulations
necessary to carry out the provisions of this Act.
Art. 134. Family planning services; incentives for family planning.
Establishments which are required by law to maintain a clinic or infirmary
shall provide free family planning services to their employees which shall
include, but not be limited to, the application or use of contraceptive pills
and intrauterine devices.
In coordination with other agencies of the government engaged in the
promotion of family planning, the Department of Labor and Employment
shall develop and prescribe incentive bonus schemes to encourage family
planning among female workers in any establishment or enterprise.
Art. 135. Discrimination prohibited. It shall be unlawful for any employer to
discriminate against any woman employee with respect to terms and
conditions of employment solely on account of her sex.
The following are acts of discrimination:
Payment of a lesser compensation, including wage, salary or other form of
remuneration and fringe benefits, to a female employees as against a male
employee, for work of equal value; and
Favoring a male employee over a female employee with respect to
promotion, training opportunities, study and scholarship grants solely on
account of their sexes.
Criminal liability for the willful commission of any unlawful act as provided in
this Article or any violation of the rules and regulations issued pursuant to
Section 2 hereof shall be penalized as provided in Articles 288 and 289 of this
Code: Provided, That the institution of any criminal action under this provision
8
shall not bar the aggrieved employee from filing an entirely separate and
distinct action for money claims, which may include claims for damages and
other affirmative reliefs. The actions hereby authorized shall proceed
independently of each other. (As amended by Republic Act No. 6725, May 12,
1989)
Art. 136. Stipulation against marriage. It shall be unlawful for an employer to
require as a condition of employment or continuation of employment that a
woman employee shall not get married, or to stipulate expressly or tacitly that
upon getting married, a woman employee shall be deemed resigned or
separated, or to actually dismiss, discharge, discriminate or otherwise prejudice
a woman employee merely by reason of her marriage.
Art. 137. Prohibited acts.
It shall be unlawful for any employer:
To deny any woman employee the benefits provided for in this
Chapter or to discharge any woman employed by him for the
purpose of preventing her from enjoying any of the benefits
provided under this Code.
To discharge such woman on account of her pregnancy, or while
on leave or in confinement due to her pregnancy;
To discharge or refuse the admission of such woman upon
returning to her work for fear that she may again be pregnant.
Art. 138. Classification of certain women workers. Any woman who is
permitted or suffered to work, with or without compensation, in any night club,
cocktail lounge, massage clinic, bar or similar establishments under the
effective control or supervision of the employer for a substantial period of time
as determined by the Secretary of Labor and Employment, shall be considered
as an employee of such establishment for purposes of labor and social
legislation.
Chapter II
EMPLOYMENT OF MINORS
Art. 139. Minimum employable age.
No child below fifteen (15) years of age shall be employed, except when he
works directly under the sole responsibility of his parents or guardian, and
his employment does not in any way interfere with his schooling.
Any person between fifteen (15) and eighteen (18) years of age may be
employed for such number of hours and such periods of the day as
determined by the Secretary of Labor and Employment in appropriate
regulations.
The foregoing provisions shall in no case allow the employment of a person
below eighteen (18) years of age in an undertaking which is hazardous or
deleterious in nature as determined by the Secretary of Labor and
Employment.
Art. 140. Prohibition against child discrimination. No employer shall
discriminate against any person in respect to terms and conditions of
employment on account of his age.
Republic Act No. 7610 June 17, 1992
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION
AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled::
ARTICLE I
Title, Policy, Principles and Definitions of Terms
Section 1. Title. This Act shall be known as the "Special Protection of Children
Against Abuse, Exploitation and Discrimination Act."
Section 2. Declaration of State Policy and Principles. It is hereby declared to be
the policy of the State to provide special protection to children from all firms of
abuse, neglect, cruelty exploitation and discrimination and other conditions,
prejudicial their development; provide sanctions for their commission and carry out
a program for prevention and deterrence of and crisis intervention in situations of
child abuse, exploitation and discrimination. The State shall intervene on behalf of
the child when the parent, guardian, teacher or person having care or custody of
the child fails or is unable to protect the child against abuse, exploitation and
discrimination or when such acts against the child are committed by the said
parent, guardian, teacher or person having care and custody of the
same.1awphi1@alf
It shall be the policy of the State to protect and rehabilitate children gravely
threatened or endangered by circumstances which affect or will affect their survival
and normal development and over which they have no control.
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The best interests of children shall be the paramount consideration in all actions
concerning them, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities, and legislative bodies,
consistent with the principle of First Call for Children as enunciated in the United
Nations Convention of the Rights of the Child. Every effort shall be exerted to
promote the welfare of children and enhance their opportunities for a useful and
happy life.
Section 3. Definition of Terms.
(a) "Children" refers to person below eighteen (18) years of age or those
over but are unable to fully take care of themselves or protect themselves
from abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition;
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of
the child which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual
abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or
demeans the intrinsic worth and dignity of a child as a human
being;
(3) Unreasonable deprivation of his basic needs for survival, such
as food and shelter; or
(4) Failure to immediately give medical treatment to an injured
child resulting in serious impairment of his growth and
development or in his permanent incapacity or death.
(c) "Circumstances which gravely threaten or endanger the survival and
normal development of children" include, but are not limited to, the
following;
(1) Being in a community where there is armed conflict or being
affected by armed conflict-related activities;
(2) Working under conditions hazardous to life, safety and normal
which unduly interfere with their normal development;
(3) Living in or fending for themselves in the streets of urban or
rural areas without the care of parents or a guardian or basic
services needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or
living under conditions of extreme poverty or in an area which is
underdeveloped and/or lacks or has inadequate access to basic
services needed for a good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity;
or
(6) Circumstances analogous to those abovestated which
endanger the life, safety or normal development of children.
(d) "Comprehensive program against child abuse, exploitation and
discrimination" refers to the coordinated program of services and facilities
to protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and
normal development of children.1awphi1
ARTICLE II
Program on Child Abuse, Exploitation and Discrimination
Section 4. Formulation of the Program. There shall be a comprehensive program
to be formulated, by the Department of Justice and the Department of Social
Welfare and Development in coordination with other government agencies and
private sector concerned, within one (1) year from the effectivity of this Act, to
protect children against child prostitution and other sexual abuse; child trafficking,
obscene publications and indecent shows; other acts of abuse; and circumstances
which endanger child survival and normal development.
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 ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. Children, whether male or
female, who for money, profit, or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited in prostitution and other sexual
abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall
be imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution
which include, but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means
of written or oral advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a
child as prostitute;
(4) Threatening or using violence towards a child to engage him as
a prostitute; or
(5) Giving monetary consideration goods or other pecuniary
benefit to a child with intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct
with a child exploited in prostitution or subject to other sexual abuse;
Provided, That when the victims is under twelve (12) years of age, the
perpetrators shall be prosecuted under Article 335, paragraph 3, for rape
and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for
rape or lascivious conduct, as the case may be: Provided, That the penalty
for lascivious conduct when the victim is under twelve (12) years of age
shall be reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager
or owner of the establishment where the prostitution takes place, or of the
sauna, disco, bar, resort, place of entertainment or establishment serving
as a cover or which engages in prostitution in addition to the activity for
which the license has been issued to said establishment.
Section 6. Attempt To Commit Child Prostitution. There is an attempt to commit
child prostitution under Section 5, paragraph (a) hereof when any person who, not
being a relative of a child, is found alone with the said child inside the room or
cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other hidden or secluded area under
circumstances which would lead a reasonable person to believe that the child is
about to be exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of
Section 5 hereof when any person is receiving services from a child in a sauna parlor
or bath, massage clinic, health club and other similar establishments. A penalty
lower by two (2) degrees than that prescribed for the consummated felony under
Section 5 hereof shall be imposed upon the principals of the attempt to commit the
crime of child prostitution under this Act, or, in the proper case, under the Revised
Penal Code.
ARTICLE IV
Child Trafficking
Section 7. Child Trafficking. Any person who shall engage in trading and dealing
with children including, but not limited to, the act of buying and selling of a child for
money, or for any other consideration, or barter, shall suffer the penalty of
reclusion temporal to reclusion perpetua. The penalty shall be imposed in its
maximum period when the victim is under twelve (12) years of age.
Section 8. Attempt to Commit Child Trafficking. There is an attempt to commit
child trafficking under Section 7 of this Act:1awphi1@alf
(a) When a child travels alone to a foreign country without valid reason
therefor and without clearance issued by the Department of Social Welfare
and Development or written permit or justification from the child's parents
or legal guardian;
(c) When a person, agency, establishment or child-caring institution
recruits women or couples to bear children for the purpose of child
trafficking; or
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 (d) When a doctor, hospital or clinic official or employee, nurse, midwife,
local civil registrar or any other person simulates birth for the purpose of
child trafficking; or
(e) When a person engages in the act of finding children among low-
income families, hospitals, clinics, nurseries, day-care centers, or other
child-during institutions who can be offered for the purpose of child
trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony
under Section 7 hereof shall be imposed upon the principals of the attempt to
commit child trafficking under this Act.
ARTICLE V
Obscene Publications and Indecent Shows
Section 9. Obscene Publications and Indecent Shows. Any person who shall hire,
employ, use, persuade, induce or coerce a child to perform in obscene exhibitions
and indecent shows, whether live or in video, or model in obscene publications or
pornographic materials or to sell or distribute the said materials shall suffer the
penalty of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12)
years of age, the penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a
child who shall cause and/or allow such child to be employed or to participate in an
obscene play, scene, act, movie or show or in any other acts covered by this section
shall suffer the penalty of prision mayor in its medium period.
ARTICLE VI
Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other
Conditions Prejudicial to the Child's Development.
(a) Any person who shall commit any other acts of child abuse, cruelty or
exploitation or to be responsible for other conditions prejudicial to the
child's development including those covered by Article 59 of Presidential
Decree No. 603, as amended, but not covered by the Revised Penal Code,
as amended, shall suffer the penalty of prision mayor in its minimum
period.
(b) Any person who shall keep or have in his company a minor, twelve (12)
years or under or who in ten (10) years or more his junior in any public or
private place, hotel, motel, beer joint, discotheque, cabaret, pension
house, sauna or massage parlor, beach and/or other tourist resort or
similar places shall suffer the penalty of prision mayor in its maximum
period and a fine of not less than Fifty thousand pesos (P50,000): Provided,
That this provision shall not apply to any person who is related within the
fourth degree of consanguinity or affinity or any bond recognized by law,
local custom and tradition or acts in the performance of a social, moral or
legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one
prohibited by this Act to keep or have in his company a minor as provided
in the preceding paragraph shall suffer the penalty of prision mayor in its
medium period and a fine of not less than Forty thousand pesos (P40,000);
Provided, however, That should the perpetrator be an ascendant,
stepparent or guardian of the minor, the penalty to be imposed shall be
prision mayor in its maximum period, a fine of not less than Fifty thousand
pesos (P50,000), and the loss of parental authority over the minor.
(d) Any person, owner, manager or one entrusted with the operation of
any public or private place of accommodation, whether for occupancy,
food, drink or otherwise, including residential places, who allows any
person to take along with him to such place or places any minor herein
described shall be imposed a penalty of prision mayor in its medium period
and a fine of not less than Fifty thousand pesos (P50,000), and the loss of
the license to operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or
any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision
correccional in its medium period to reclusion perpetua.
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For purposes of this Act, the penalty for the commission of acts punishable under
Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as
amended, the Revised Penal Code, for the crimes of murder, homicide, other
intentional mutilation, and serious physical injuries, respectively, shall be reclusion
perpetua when the victim is under twelve (12) years of age. The penalty for the
commission of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815,
as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of
lasciviousness with the consent of the offended party, corruption of minors, and
white slave trade, respectively, shall be one (1) degree higher than that imposed by
law when the victim is under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of
the Department of Social Welfare and Development.
ARTICLE VII
Sanctions for Establishments or Enterprises
Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate,
or Conduct Activities Constituting Child Prostitution and Other Sexual Abuse, Child
Trafficking, Obscene Publications and Indecent Shows, and Other Acts of Abuse.
All establishments and enterprises which promote or facilitate child prostitution
and other sexual abuse, child trafficking, obscene publications and indecent shows,
and other acts of abuse shall be immediately closed and their authority or license to
operate cancelled, without prejudice to the owner or manager thereof being
prosecuted under this Act and/or the Revised Penal Code, as amended, or special
laws. A sign with the words "off limits" shall be conspicuously displayed outside the
establishments or enterprises by the Department of Social Welfare and
Development for such period which shall not be less than one (1) year, as the
Department may determine. The unauthorized removal of such sign shall be
punishable by prision correccional.
An establishment shall be deemed to promote or facilitate child prostitution and
other sexual abuse, child trafficking, obscene publications and indecent shows, and
other acts of abuse if the acts constituting the same occur in the premises of said
establishment under this Act or in violation of the Revised Penal Code, as amended.
An enterprise such as a sauna, travel agency, or recruitment agency which:
promotes the aforementioned acts as part of a tour for foreign tourists; exhibits
children in a lewd or indecent show; provides child masseurs for adults of the same
or opposite sex and said services include any lascivious conduct with the customers;
or solicits children or activities constituting the aforementioned acts shall be
deemed to have committed the acts penalized herein.
ARTICLE VIII
Working Children
Section 12. Employment of Children. Children below fifteen (15) years of age may
be employed except:
(1) When a child works directly under the sole responsibility of his parents
or legal guardian and where only members of the employer's family are
employed: Provided, however, That his employment neither endangers his
life, safety and health and morals, nor impairs his normal development:
Provided, further, That the parent or legal guardian shall provide the said
minor child with the prescribed primary and/or secondary education; or
(2) When a child's employment or participation in public & entertainment
or information through cinema, theater, radio or television is essential:
Provided, The employment contract concluded by the child's parent or
guardian, with the express agreement of the child concerned, if possible,
and the approval of the Department of Labor and Employment: Provided,
That the following requirements in all instances are strictly complied with:
(a) The employer shall ensure the protection, health, safety and morals of
the child;
(b) the employer shall institute measures to prevent the child's
exploitation or discrimination taking into account the system and level of
remuneration, and the duration and arrangement of working time; and;
(c) The employer shall formulate and implement, subject to the approval
and supervision of competent authorities, a continuing program for
training and skill acquisition of the child.
In the above exceptional cases where any such child may be employed, the
employer shall first secure, before engaging such child, a work permit from the
Department of Labor and Employment which shall ensure observance of the above
requirement.
The Department of Labor Employment shall promulgate rules and regulations
necessary for the effective implementation of this Section.
Section 13. Non-formal Education for Working Children. The Department of
Education, Culture and Sports shall promulgate a course design under its non-
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formal education program aimed at promoting the intellectual, moral and
vocational efficiency of working children who have not undergone or finished
elementary or secondary education. Such course design shall integrate the learning
process deemed most effective under given circumstances.
Section 14. Prohibition on the Employment of Children in Certain
Advertisements. No person shall employ child models in all commercials or
advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its
byproducts and violence.
Section 15. Duty of Employer. Every employer shall comply with the duties
provided for in Articles 108 and 109 of Presidential Decree No. 603.
Section 16. Penalties. Any person who shall violate any provision of this Article
shall suffer the penalty of a fine of not less than One thousand pesos (P1,000) but
not more than Ten thousand pesos (P10,000) or imprisonment of not less than
three (3) months but not more than three (3) years, or both at the discretion of the
court; Provided, That, in case of repeated violations of the provisions of this Article,
the offender's license to operate shall be revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
Section 17. Survival, Protection and Development. In addition to the rights
guaranteed to children under this Act and other existing laws, children of
indigenous cultural communities shall be entitled to protection, survival and
development consistent with the customs and traditions of their respective
communities.
Section 18. System of and Access to Education. The Department of Education,
Culture and Sports shall develop and institute an alternative system of education for
children of indigenous cultural communities which culture-specific and relevant to
the needs of and the existing situation in their communities. The Department of
Education, Culture and Sports shall also accredit and support non-formal but
functional indigenous educational programs conducted by non-government
organizations in said communities.
Section 19. Health and Nutrition. The delivery of basic social services in health
and nutrition to children of indigenous cultural communities shall be given priority
by all government agencies concerned. Hospitals and other health institution shall
ensure that children of indigenous cultural communities are given equal attention.
In the provision of health and nutrition services to children of indigenous cultural
communities, indigenous health practices shall be respected and recognized.
Section 20. Discrimination. Children of indigenous cultural communities shall not
be subjected to any and all forms of discrimination.
Any person who discriminate against children of indigenous cultural communities
shall suffer a penalty of arresto mayor in its maximum period and a fine of not less
than Five thousand pesos (P5,000) more than Ten thousand pesos (P10,000).
Section 21. Participation. Indigenous cultural communities, through their duly-
designated or appointed representatives shall be involved in planning, decision-
making implementation, and evaluation of all government programs affecting
children of indigenous cultural communities. Indigenous institution shall also be
recognized and respected.
ARTICLE X
Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace. Children are hereby declared as Zones of
Peace. It shall be the responsibility of the State and all other sectors concerned to
resolve armed conflicts in order to promote the goal of children as zones of peace.
To attain this objective, the following policies shall be observed.
(a) Children shall not be the object of attack and shall be entitled to special
respect. They shall be protected from any form of threat, assault, torture
or other cruel, inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the Armed
Forces of the Philippines of its civilian units or other armed groups, nor be
allowed to take part in the fighting, or used as guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and
emergency relief services shall be kept unhampered;
(d) The safety and protection of those who provide services including those
involved in fact-finding missions from both government and non-
government institutions shall be ensured. They shall not be subjected to
undue harassment in the performance of their work;
14
 (e) Public infrastructure such as schools, hospitals and rural health units
shall not be utilized for military purposes such as command posts,
barracks, detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families
temporarily separated due to armed conflict.
Section 23. Evacuation of Children During Armed Conflict. Children shall be given
priority during evacuation as a result of armed conflict. Existing community
organizations shall be tapped to look after the safety and well-being of children
during evacuation operations. Measures shall be taken to ensure that children
evacuated are accompanied by persons responsible for their safety and well-being.
Section 24. Family Life and Temporary Shelter. Whenever possible, members of
the same family shall be housed in the same premises and given separate
accommodation from other evacuees and provided with facilities to lead a normal
family life. In places of temporary shelter, expectant and nursing mothers and
children shall be given additional food in proportion to their physiological needs.
Whenever feasible, children shall be given opportunities for physical exercise,
sports and outdoor games.
Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict.
Any child who has been arrested for reasons related to armed conflict, either as
combatant, courier, guide or spy is entitled to the following rights;
(a) Separate detention from adults except where families are
accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child;
and
(d) Release of the child on recognizance within twenty-four (24) hours to
the custody of the Department of Social Welfare and Development or any
responsible member of the community as determined by the court.
If after hearing the evidence in the proper proceedings the court should find that
the aforesaid child committed the acts charged against him, the court shall
determine the imposable penalty, including any civil liability chargeable against him.
However, instead of pronouncing judgment of conviction, the court shall suspend
all further proceedings and shall commit such child to the custody or care of the
Department of Social Welfare and Development or to any training institution
operated by the Government, or duly-licensed agencies or any other responsible
person, until he has had reached eighteen (18) years of age or, for a shorter period
as the court may deem proper, after considering the reports and recommendations
of the Department of Social Welfare and Development or the agency or responsible
individual under whose care he has been committed.
The aforesaid child shall subject to visitation and supervision by a representative of
the Department of Social Welfare and Development or any duly-licensed agency or
such other officer as the court may designate subject to such conditions as it may
prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the
court in the same manner as appeals in criminal cases.
Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict.
The chairman of the barangay affected by the armed conflict shall submit the
names of children residing in said barangay to the municipal social welfare and
development officer within twenty-four (24) hours from the occurrence of the
armed conflict.
ARTICLE XI
Remedial Procedures
Section 27. Who May File a Complaint. Complaints on cases of unlawful acts
committed against the children as enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of
consanguinity;1awphi1@ITC
(d) Officer, social worker or representative of a licensed child-caring
institution;
(e) Officer or social worker of the Department of Social Welfare and
Development;
15
 (f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation
occurred.
Section 28. Protective Custody of the Child. The offended party shall be
immediately placed under the protective custody of the Department of Social
Welfare and Development pursuant to Executive Order No. 56, series of 1986. In
the regular performance of this function, the officer of the Department of Social
Welfare and Development shall be free from any administrative, civil or criminal
liability. Custody proceedings shall be in accordance with the provisions of
Presidential Decree No. 603.
Section 29. Confidentiality. At the instance of the offended party, his name may
be withheld from the public until the court acquires jurisdiction over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of
printed materials, announcer or producer in case of television and radio
broadcasting, producer and director of the film in case of the movie industry, to
cause undue and sensationalized publicity of any case of violation of this Act which
results in the moral degradation and suffering of the offended party.Lawphi1@alf
Section 30. Special Court Proceedings. Cases involving violations of this Act shall
be heard in the chambers of the judge of the Regional Trial Court duly designated as
Juvenile and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the
exception of habeas corpus, election cases, and cases involving detention prisoners
and persons covered by Republic Act No. 4908, all courts shall give preference to
the hearing or disposition of cases involving violations of this Act.
ARTICLE XII
Common Penal Provisions
Section 31. Common Penal Provisions.
(a) The penalty provided under this Act shall be imposed in its maximum
period if the offender has been previously convicted under this Act;
(b) When the offender is a corporation, partnership or association, the
officer or employee thereof who is responsible for the violation of this Act
shall suffer the penalty imposed in its maximum period;
(c) The penalty provided herein shall be imposed in its maximum period
when the perpetrator is an ascendant, parent guardian, stepparent or
collateral relative within the second degree of consanguinity or affinity, or
a manager or owner of an establishment which has no license to operate
or its license has expired or has been revoked;
(d) When the offender is a foreigner, he shall be deported immediately
after service of sentence and forever barred from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum
period if the offender is a public officer or employee: Provided, however,
That if the penalty imposed is reclusion perpetua or reclusion temporal,
then the penalty of perpetual or temporary absolute disqualification shall
also be imposed: Provided, finally, That if the penalty imposed is prision
correccional or arresto mayor, the penalty of suspension shall also be
imposed; and
(f) A fine to be determined by the court shall be imposed and administered
as a cash fund by the Department of Social Welfare and Development and
disbursed for the rehabilitation of each child victim, or any immediate
member of his family if the latter is the perpetrator of the offense.
Republic Act No. 9231 December 19, 2003
AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD
LABOR AND AFFORDING STRONGER PROTECTION FOR THE WORKING CHILD,
AMENDING FOR THIS PURPOSE REPUBLIC ACTNO. 7610, AS AMENDED,
OTHERWISE KNOWN AS THE "SPECIAL PROTECTION OF CHILDREN AGAINST CHILD
ABUSE, EXPLOITATION AND DISCRIMINATION ACT"
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
Section 1. Section 2 of Republic Act No. 7610, as amended, otherwise known as the
"Special Protection of Children Against Child Abuse, Exploitation and Discrimination
Act", is hereby amended to read as follows:
16
 "Sec. 2. Declaration of State Policy and Principles. - It is hereby declared to
be the policy of the State to provide special protection to children from all
forms of abuse, neglect, cruelty, exploitation and discrimination, and other
conditions prejudicial to their development including child labor and its
worst forms; provide sanctions for their commission and carry out a
program for prevention and deterrence of and crisis intervention in
situations of child abuse, exploitation and discrimination. The State shall
intervene on behalf of the child when the parent, guardian, teacher or
person having care or custody of the child fails or is unable to protect the
child against abuse, exploitation and discrimination or when such acts
against the child are committed by the said parent, guardian, teacher or
person having care and custody of the same.
"It shall be the policy of the State to protect and rehabilitate children
gravely threatened or endangered by circumstances which affect or will
affect their survival and normal development and over which they have no
control.
"The best interests of children shall be the paramount consideration in all
actions concerning them, whether undertaken by public or private social
welfare institutions, courts of law, administrative authorities, and
legislative bodies, consistent with the principle of First Call for Children as
enunciated in the United Nations Convention on the Rights of the Child.
Every effort shall be exerted to promote the welfare of children and
enhance their opportunities for a useful and happy life."
Section 2. Section 12 of the same Act, as amended, is hereby further amended to
read as follows:
"Sec. 2. Employment of Children - Children below fifteen (15) years of age
shall not be employed except:
"1) When a child works directly under the sole responsibility of
his/her parents or legal guardian and where only members of
his/her family are employed: Provided, however, That his/her
employment neither endangers his/her life, safety, health, and
morals, nor impairs his/her normal development: Provided,
further, That the parent or legal guardian shall provide the said
child with the prescribed primary and/or secondary education; or
"2) Where a child's employment or participation in public
entertainment or information through cinema, theater, radio,
television or other forms of media is essential: Provided, That the
employment contract is concluded by the child's parents or legal
guardian, with the express agreement of the child concerned, if
possible, and the approval of the Department of Labor and
Employment: Provided, further, That the following requirements
in all instances are strictly complied with:
"(a) The employer shall ensure the protection, health,
safety, morals and normal development of the child;
"(b) The employer shall institute measures to prevent the
child's exploitation or discrimination taking into account
the system and level of remuneration, and the duration
and arrangement of working time; and
"(c) The employer shall formulate and implement,
subject to the approval and supervision of competent
authorities, a continuing program for training and skills
acquisition of the child.
"In the above-exceptional cases where any such child may be
employed, the employer shall first secure, before engaging such
child, a work permit from the Department of Labor and
Employment which shall ensure observance of the above
requirements.
"For purposes of this Article, the term "child" shall apply to all
persons under eighteen (18) years of age."
Section 3. The same Act, as amended, is hereby further amended by adding new
sections to be denominated as Sections 12-A, 12-B, 12-C, and 12-D to read as
follows:
"Sec. 2-A. Hours of Work of a Working Child. - Under the exceptions
provided in Section 12 of this Act, as amended:
"(1) A child below fifteen (15) years of age may be allowed to work for not
more than twenty (20) hours a week: Provided, That the work shall not be
more than four (4) hours at any given day;
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"(2) A child fifteen (15) years of age but below eighteen (18) shall not be
allowed to work for more than eight (8) hours a day, and in no case beyond
forty (40) hours a week;
"(3) No child below fifteen (15) years of age shall be allowed to work
between eight o'clock in the evening and six o'clock in the morning of the
following day and no child fifteen (15) years of age but below eighteen (18)
shall be allowed to work between ten o'clock in the evening and six o'clock
in the morning of the following day."
"Sec. 12-B. Ownership, Usage and Administration of the Working Child's
Income. - The wages, salaries, earnings and other income of the working
child shall belong to him/her in ownership and shall be set aside primarily
for his/her support, education or skills acquisition and secondarily to the
collective needs of the family: Provided, That not more than twenty
percent (20%) of the child's income may be used for the collective needs of
the family.
or compulsory labor, including recruitment of children for use in
armed conflict; or
"(2) The use, procuring, offering or exposing of a child for
prostitution, for the production of pornography or for
pornographic performances; or
"(3) The use, procuring or offering of a child for illegal or illicit
activities, including the production and trafficking of dangerous
drugs and volatile substances prohibited under existing laws; or
"(4) Work which, by its nature or the circumstances in which it is
carried out, is hazardous or likely to be harmful to the health,
safety or morals of children, such that it:
"a) Debases, degrades or demeans the intrinsic worth
and dignity of a child as a human being; or

"The income of the working child and/or the property acquired through
the work of the child shall be administered by both parents. In the absence
or incapacity of either of the parents, the other parent shall administer the
same. In case both parents are absent or incapacitated, the order of
preference on parental authority as provided for under the Family Code
shall apply.
"b) Exposes the child to physical, emotional or sexual
abuse, or is found to be highly stressful psychologically or
may prejudice morals; or
"c) Is performed underground, underwater or at
dangerous heights; or

"Sec. 12-C. Trust Fund to Preserve Part of the Working Child's Income. - The
"d) Involves the use of dangerous machinery, equipment
parent or legal guardian of a working child below eighteen (18) years of
and tools such as power-driven or explosive power-
age shall set up a trust fund for at least thirty percent (30%) of the earnings
actuated tools; or
of the child whose wages and salaries from work and other income amount
to at least two hundred thousand pesos (P200,000.00) annually, for which
"e) Exposes the child to physical danger such as, but not
he/she shall render a semi-annual accounting of the fund to the
limited to the dangerous feats of balancing, physical
Department of Labor and Employment, in compliance with the provisions
strength or contortion, or which requires the manual
of this Act. The child shall have full control over the trust fund upon
transport of heavy loads; or
reaching the age of majority.

"f) Is performed in an unhealthy environment exposing

"Sec. 12-D. Prohibition Against Worst Forms of Child Labor. - No child shall
the child to hazardous working conditions, elements,
be engaged in the worst forms of child labor. The phrase "worst forms of
substances, co-agents or processes involving ionizing,
child labor" shall refer to any of the following:
radiation, fire, flammable substances, noxious
components and the like, or to extreme temperatures,
"(1) All forms of slavery, as defined under the "Anti-trafficking in
noise levels, or vibrations; or
Persons Act of 2003", or practices similar to slavery such as sale
and trafficking of children, debt bondage and serfdom and forced
18
 "g) Is performed under particularly difficult conditions; or
"h) Exposes the child to biological agents such as
bacteria, fungi, viruses, protozoans, nematodes and
other parasites; or
"i) Involves the manufacture or handling of explosives
and other pyrotechnic products."
Section 4. Section 13 of the same Act is hereby amended to read as follows:
"Sec. 13. Access to Education and Training for Working Children - "a) No
child shall be deprived of formal or non-formal education. In all cases of
employment allowed in this Act, the employer shall provide a working child
with access to at least primary and secondary education.
"b) To ensure and guarantee the access of the working child to education
and training, the Department of Education (DEPED) shall: (1) formulate,
promulgate, and implement relevant and effective course designs and
educational programs; (2) conduct the necessary training for the
implementation of the appropriate curriculum for the purpose; (3) ensure
the availability of the needed educational facilities and materials; and (4)
conduct continuing research and development program for the necessary
and relevant alternative education of the working child.
"c) The DEPED shall promulgate a course design under its non-formal
education program aimed at promoting the intellectual, moral and
vocational efficiency of working children who have not undergone or
finished elementary or secondary education. Such course design shall
integrate the learning process deemed most effective under given
circumstances."
Section 5. Section 14 of the same Act is hereby amended to read as follows:
"Sec. 14. Prohibition on the Employment of Children in Certain
Advertisements. - No child shall be employed as a model in any
advertisement directly or indirectly promoting alcoholic beverages,
intoxicating drinks, tobacco and its byproducts, gambling or any form of
violence or pornography."
Section 6. Section 16 of the same Act, is hereby amended to read as follows:
"Sec. 16. Penal Provisions -
"a) Any employer who violates Sections 12, 12-A, and Section 14 of this act,
as amended, shall be penalized by imprisonment of six (6) months and one
(1) day to six (6) years or a fine of not less than Fifty thousand pesos
(P50,000.00) but not more than Three hundred thousand pesos
(P300,000.00) or both at the discretion of the court.
"b) Any person who violates the provision of Section 12-D of this act or the
employer of the subcontractor who employs, or the one who facilitates the
employment of a child in hazardous work, shall suffer the penalty of a fine
of not less than One hundred thousand pesos (P100,000.00) but not more
than One million pesos (P1,000,000.00), or imprisonment of not less than
twelve (12) years and one (1) day to twenty (20) years, or both such fine
and imprisonment at the discretion of the court.
"c) Any person who violates Sections 12-D(1) and 12-D(2) shall be
prosecuted and penalized in accordance with the penalty provided for by
R. A. 9208 otherwise known as the "Anti-trafficking in Persons Act of
2003": Provided, That Such penalty shall be imposed in its maximum
period.
"d) Any person who violates Section 12-D (3) shall be prosecuted and
penalized in accordance with R.A. 9165, otherwise known as the
"Comprehensive Dangerous Drugs Act of 2002"; Provided, That such
penalty shall be imposed in its maximum period.
"e) If a corporation commits any of the violations aforecited, the board of
directors/trustees and officers, which include the president, treasurer and
secretary of the said corporation who participated in or knowingly allowed
the violation, shall be penalized accordingly as provided for under this
Section.
"f) Parents, biological or by legal fiction, and legal guardians found to be
violating Sections 12, 12-A, 12-B and 12-C of this Act shall pay a fine of not
less than Ten thousand pesos (P10,000.00) but not more than One
hundred thousand pesos (P100,000.00), or be required to render
community service for not less than thirty (30) days but not more than one
(1) year, or both such fine and community service at the discretion of the
court: Provided, That the maximum length of community service shall be
imposed on parents or legal guardians who have violated the provisions of
this Act three (3) times; Provided, further, That in addition to the
19
 community service, the penalty of imprisonment of thirty (30) days but not
more than one (1) year or both at the discretion of the court, shall be
imposed on the parents or legal guardians who have violated the
provisions of this Act more than three (3) times.
"g) The Secretary, of Labor and Employment or his/her duly authorized
representative may, after due notice and hearing, order the closure of any
business firm or establishment found to have violated any of the provisions
of this Act more than three (3) times. He/she shall likewise order the
immediate closure of such firm or establishment if:
"(1) The violation of any provision of this Act has resulted in the
death, insanity or serious physical injury of a child employed in
such establishment; or
"(2) Such firm or establishment is engaged or employed in
prostitution or in obscene or lewd shows.
"h) In case of such closure, the employer shall be required to pay the
employee(s) the separation pay and other monetary benefits provided for
by law."
Section 7. The same Act is hereby further amended by adding a new section to be
denominated as Section 16-A, to read as follows:
"Sec. 16-A. Trust Fund from Fines and Penalties - The fine imposed by the
court shall be treated as a Trust Fund, administered by the Department of
Labor and Employment and disbursed exclusively for the needs, including
the costs of rehabilitation and reintegration into the mainstream of society
of the working children who are victims of the violations of this Act, and for
the programs and projects that will prevent acts of child labor."
Section 8. Section 27 of the same Act is hereby amended to read as follows:
"Sec. 27. Who May File a Complaint - Complaints on cases of unlawful acts
committed against children as enumerated herein may be filed by the
following:
"(a) Offended party;
"(b) Parents or guardians;
"(c) Ascendant or collateral relative within the third degree of
consanguinity;
"(d) Officer, social worker or representative of a licensed child-
caring institution;
"(e) Officer or social worker of the Department of Social Welfare
and Development;
"(f) Barangay chairman of the place where the violation occurred,
where the child is residing or employed; or
"(g) At least three (3) concerned, responsible citizens where the
violation occurred."
Section 9. The same Act is hereby further amended by adding new sections to
Section 16 to be denominated as Sections 16-A, 16-B and 16-C to read as follows:
"Sec. 16-A. Jurisdiction - The family courts shall have original jurisdiction
over all cases involving offenses punishable under this Act: Provided, That
in cities or provinces where there are no family courts yet, the regional trial
courts and the municipal trial courts shall have concurrent jurisdiction
depending on the penalties prescribed for the offense charged.
"The preliminary investigation of cases filed under this Act shall be
terminated within a period of thirty (30) days from the date of filing.
"If the preliminary investigation establishes a prima facie case, then the
corresponding information shall be filed in court within forty eight (48)
hours from the termination of the investigation.
"Trial of cases under this Act shall be terminated by the court not later
than ninety (90) days from the date of filing of information. Decision on
said cases shall be rendered within a period of fifteen (15) days from the
date of submission of the case.
"Sec. 15. Exemptions from Filing Fees. - When the victim of child labor
institutes a separate civil action for the recovery of civil damages, he/she
shall be exempt from payment of filing fees.
20
 "Sec. 16-C. Access to Immediate Legal, Medical and Psycho-Social Services -
The working child shall have the right to free legal, medical and psycho-
social services to be provided by the State."
Section 10. Implementing Rules and Regulations - The Secretary of Labor and
Employment, in coordination with the Committees on Labor and Employment of
both Houses of Congress, shall issue the necessary Implementing Rules and
Regulations (IRR) to effectively implement the provisions of this Act, in consultation
with concerned public and private sectors, within sixty (60) days from the effectivity
of this Act.
Such rules and regulations shall take effect upon their publication in two
(2) national newspapers of general circulation.
Chapter III
EMPLOYMENT OF HOUSEHELPERS
Art. 141. Coverage. This Chapter shall apply to all persons rendering services in
households for compensation.
"Domestic or household service" shall mean service in the employers home which
is usually necessary or desirable for the maintenance and enjoyment thereof and
includes ministering to the personal comfort and convenience of the members of
the employers household, including services of family drivers.
Art. 142. Contract of domestic service. The original contract of domestic service
shall not last for more than two (2) years but it may be renewed for such periods as
may be agreed upon by the parties.
Art. 143. Minimum wage.
1. 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, Paraaque, Las Pias, 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. (As amended by Republic Act No.
7655, August 19, 1993)
Art. 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. 145. Assignment to non-household work. 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. 146. Opportunity for education. If the househelper is under the age of
eighteen (18) years, the employer shall give him or her an opportunity for at least
elementary education. The cost of education shall be part of the househelpers
compensation, unless there is a stipulation to the contrary.
Art. 147. Treatment of househelpers. The employer shall treat the househelper in a
just and humane manner. In no case shall physical violence be used upon the
househelper.
Art. 148. Board, lodging, and medical attendance. The employer shall furnish the
househelper, free of charge, suitable and sanitary living quarters as well as
adequate food and medical attendance.
Art. 149. Indemnity for unjust termination of services. If the period of household
service is fixed, neither the employer nor the househelper may terminate the
contract before the expiration of the term, except for a just cause. If the
househelper is unjustly dismissed, he or she shall be paid the compensation already
earned plus that for fifteen (15) days by way of indemnity.
If the househelper leaves without justifiable reason, he or she shall forfeit any
unpaid salary due him or her not exceeding fifteen (15) days.
Art. 150. Service of termination notice. If the duration of the household service is
not determined either in stipulation or by the nature of the service, the employer or
the househelper may give notice to put an end to the relationship five (5) days
before the intended termination of the service.
Art. 151. Employment certification. Upon the severance of the household service
relation, the employer shall give the househelper a written statement of the nature
and duration of the service and his or her efficiency and conduct as househelper.
Art. 152. Employment record. The employer may keep such records as he may
deem necessary to reflect the actual terms and conditions of employment of his
househelper, which the latter shall authenticate by signature or thumbmark upon
request of the employer.
REPUBLIC ACT NO. 10361
21
AN ACT INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF
DOMESTIC WORKERS
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
ARTICLE I
GENERAL PROVISIONS
Section 1. Short Title. This Act shall be known as the "Domestic Workers Act" or
"Batas Kasambahay".
Section 2. Declaration of Policies. It is hereby declared that:
(a) The State strongly affirms labor as a primary social force and is
committed to respect, promote, protect and realize the fundamental
principles and rights at work including, but not limited to, abolition of child
labor, elimination of all forms of forced labor, discrimination in
employment and occupation, and trafficking in persons, especially women
and children;
(b) The State adheres to internationally accepted working conditions for
workers in general, and establishes labor standards for domestic workers
in particular, towards decent employment and income, enhanced coverage
of social protection, respect for human rights and strengthened social
dialogue;
(c) The State recognizes the need to protect the rights of domestic workers
against abuse, harassment, violence, economic exploitation and
performance of work that is hazardous to their physical and mental health;
and
(d) The State, in protecting domestic workers and recognizing their special
needs to ensure safe and healthful working conditions, promotes gender-
sensitive measures in the formulation and implementation of policies and
programs affecting the local domestic work.
Section 3. Coverage. This Act applies to all domestic workers employed and
working within the country.
Section 4. Definition of Terms. As used in this Act, the term:
(a) Debt bondage refers to the rendering of service by the domestic worker
as security or payment for a debt where the length and nature of service is
not clearly defined or when the value of the service is not reasonably
applied in the payment of the debt.
(b) Deployment expenses refers to expenses that are directly used for the
transfer of the domestic worker from place of origin to the place of work
covering the cost of transportation. Advances or loans by the domestic
worker are not included in the definition of deployment expenses.
(c) Domestic work refers to work performed in or for a household or
households.
(d) Domestic worker or "Kasambahay" refers to any person engaged in
domestic work within an employment relationship such as, but not limited
to, the following: general househelp, nursemaid or "yaya", cook, gardener,
or laundry person, but shall exclude any person who performs domestic
work only occasionally or sporadically and not on an occupational basis.
The term shall not include children who are under foster family
arrangement, and are provided access to education and given an
allowance incidental to education, i.e. "baon", transportation, school
projects and school activities.
(e) Employer refers to any person who engages and controls the services of
a domestic worker and is party to the employment contract.
(f) Household refers to the immediate members of the family or the
occupants of the house that are directly provided services by the domestic
worker.
(g) Private Employment Agency (PEA) refers to any individual, legitimate
partnership, corporation or entity licensed to engage in the recruitment
and placement of domestic workers for local employment.
(h) Working children, as used under this Act, refers to domestic workers
who are fifteen (15) years old and above but below eighteen (18) years old.
ARTICLE II
RIGHTS AND PRIVILEGES
22
Section 5. Standard of Treatment. The employer or any member of the household
shall not subject a domestic worker or "kasambahay" to any kind of abuse nor inflict
any form of physical violence or harassment or any act tending to degrade the
dignity of a domestic worker.
Section 6. Board, Lodging and Medical Attendance. The employer shall provide for
the basic necessities of the domestic worker to include at least three (3) adequate
meals a day and humane sleeping arrangements that ensure safety.
The employer shall provide appropriate rest and assistance to the domestic worker
in case of illnesses and injuries sustained during service without loss of benefits.
At no instance shall the employer withdraw or hold in abeyance the provision of
these basic necessities as punishment or disciplinary action to the domestic worker.
Section 7. Guarantee of Privacy. Respect for the privacy of the domestic worker
shall be guaranteed at all times and shall extend to all forms of communication and
personal effects. This guarantee equally recognizes that the domestic worker is
obliged to render satisfactory service at all times.
Section 8. Access to Outside Communication. The employer shall grant the
domestic worker access to outside communication during free time: Provided, That
in case of emergency, access to communication shall be granted even during work
time. Should the domestic worker make use of the employers telephone or other
communication facilities, the costs shall be borne by the domestic worker, unless
such charges are waived by the employer.
Section 9. Right to Education and Training. 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.
Section 10. Prohibition Against Privileged Information. All communication and
information pertaining to the employer or members of the household shall be
treated as privileged and confidential, and shall not be publicly disclosed by the
domestic worker during and after employment. Such privileged information shall be
inadmissible in evidence except when the suit involves the employer or any
member of the household in a crime against persons, property, personal liberty and
security, and chastity.
ARTICLE III
PRE-EMPLOYMENT
Section 11. Employment Contract. An employment contract shall be executed by
and between 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:
(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.
The Department of Labor and Employment (DOLE) shall develop a model
employment contract for domestic workers which shall, at all times, be made
available free of charge to domestic workers, employers, representative
organizations and the general public. The DOLE shall widely disseminate
information to domestic workers and employers on the use of such model
employment contract.
In cases where the employment of the domestic worker is facilitated through a
private employment agency, the PEA shall keep a copy of all employment contracts
23
of domestic workers and shall be made available for verification and inspection by
the DOLE.
Section 12. Pre-Employment Requirement. Prior to the execution of the
employment contract, the employer may require the following from the domestic
worker:
(a) Medical certificate or a health certificate issued by a local government
health officer;
(b) Barangay and police clearance;
(c) National Bureau of Investigation (NBI) clearance; and
(d) Duly authenticated birth certificate or if not available, any other
document showing the age of the domestic worker such as voters
identification card, baptismal record or passport.
However, Section 12(a), (b), (c) and (d) shall be standard requirements when the
employment of the domestic worker is facilitated through the PEA.
The cost of the foregoing shall be borne by the prospective employer or agency, as
the case may be.
Section 13. Recruitment and Finders Fees. Regardless of whether the domestic
worker was hired through a private employment agency or a third party, no share in
the recruitment or finders fees shall be charged against the domestic worker by the
said private employment agency or third party.
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.
Section 15. Prohibition on Debt Bondage. It shall be unlawful for the employer or
any person acting on behalf of the employer to place the domestic worker under
debt bondage.
Section 16. Employment Age of Domestic Workers. It shall be unlawful to employ
any person below fifteen (15) years of age as a domestic worker. Employment of
working children, as defined under this Act, shall be subject to the provisionsof
Section 10(A), paragraph 2 of Section 12-A, paragraph 4 of Section 12-D, and
Section 13 of Republic Act No. 7610, as amended, otherwise known as the "Special
Protection of Children Against Child Abuse, Exploitation and Discrimination Act".
Working children shall be entitled to minimum wage, and all benefits provided
under this Act.
Any employer who has been sentenced by a court of law of any offense against a
working child under this Act shall be meted out with a penalty one degree higher
and shall be prohibited from hiring a working child.
Section 17. Employers Reportorial Duties. The employers shall register all
domestic workers under their employment in the Registry of Domestic Workers in
the barangay where the employers residence is located. The Department of the
Interior and Local Government (DILG) shall, in coordination with the DOLE,
formulate a registration system for this purpose.
Section 18. Skills Training, Assessment and Certification. To ensure productivity
and assure quality services, the DOLE, through the Technical Education and Skills
Development Authority (TESDA), shall facilitate access of domestic workers to
efficient training, assessment and certification based on a duly promulgated training
regulation.
ARTICLE IV
EMPLOYMENT TERMS AND CONDITIONS
Section 19. Health and Safety. The employer shall safeguard the health and safety
of the domestic worker in accordance with laws, rules and regulations, with due
consideration of the peculiar nature of domestic work.
Section 20. Daily Rest Period. The domestic worker shall be entitled to an
aggregate daily rest period of eight (8) hours per day.
Section 21. Weekly Rest Period. The domestic worker shall be entitled to at least
twenty-four (24) consecutive hours of rest in a week. The employer and the
domestic worker shall agree in writing on the schedule of the weekly rest day of the
domestic worker: Provided, That the employer shall respect the preference of the
domestic worker as to the weekly rest day when such preference is based on
religious grounds. Nothing in this provision shall deprive the domestic worker and
the employer from agreeing to the following:
24
 (a) Offsetting a day of absence with a particular rest day;
(b) Waiving a particular rest day in return for an equivalent daily rate of
pay;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.
Section 22. Assignment to Nonhousehold Work. No domestic worker shall be
assigned 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.
Section 23. Extent of Duty. The domestic worker and the employer may mutually
agree for the former to temporarily perform a task that is outside the latters
household for the benefit of another household. However, any liability that will be
incurred by the domestic worker on account of such arrangement shall be borne by
the original employer. In addition, such work performed outside the household shall
entitle the domestic worker to an additional payment of not less than the existing
minimum wage rate of a domestic worker. It shall be unlawful for the original
employer to charge any amount from the said household where the service of the
domestic worker was temporarily performed.
Section 24. Minimum Wage. The minimum wage of domestic workers shall not be
less than the following:
(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 mother municipalities.
After one (1) year from the effectivity of this Act, and periodically thereafter, the
Regional Tripartite and Productivity Wage Boards (RTPWBs) shall review, and if
proper, determine and adjust the minimum wage rates of domestic workers.
Section 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. No
employer shall pay the wages of a domestic worker by means of promissory notes,
vouchers, coupons, tokens, tickets, chits, or any object other than the cash wage as
provided for under this Act.
The domestic worker is entitled to a thirteenth month pay as provided for by law.
Section 26. Pay Slip. The employer shall at all times provide the domestic worker
with a copy of the pay slip containing the amount paid in cash every pay day, and
indicating all deductions made, if any. The copies of the pay slip shall be kept by the
employer for a period of three (3) years.
Section 27. Prohibition on Interference in the Disposal of Wages. It shall be
unlawful for the employer to interfere with the freedom of any domestic worker to
dispose of the latters wages. The employer shall not force, compel or oblige the
domestic worker to purchase merchandise, commodities or other properties from
the employer or from any other person, or otherwise make use of any store or
services of such employer or any other person.
Section 28. Prohibition Against Withholding of Wages. It shall be unlawful for an
employer, directly or indirectly, to withhold the wages of the domestic worker. If
the domestic worker leaves without any justifiable reason, any unpaid salary for a
period not exceeding fifteen (15) days shall be forfeited. Likewise, the employer
shall not induce the domestic worker to give up any part of the wages by force,
stealth, intimidation, threat or by any other means whatsoever.
Section 29. Leave Benefits. A domestic worker who has rendered at least one (1)
year of service shall be entitled to an annual service incentive leave of five (5) days
with pay: Provided, That any unused portion of said annual leave shall not be
cumulative or carried over to the succeeding years. Unused leaves shall not be
convertible to cash.
Section 30. Social and Other Benefits. A domestic worker who has rendered at
least one (1) month of service shall be covered by the Social Security System (SSS),
the Philippine Health Insurance Corporation (PhilHealth), and the Home
Development Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in
accordance with the pertinent provisions provided by law.
25
Premium payments or contributions shall be shouldered by the employer. However,
if the domestic worker is receiving a wage of Five thousand pesos (P5,000.00) and
above per month, the domestic worker shall pay the proportionate share in the
premium payments or contributions, as provided by law.
The domestic worker shall be entitled to all other benefits under existing laws.
Section 31. Rescue and Rehabilitation of Abused Domestic Workers. Any abused or
exploited domestic worker shall be immediately rescued by a municipal or city
social welfare officer or a social welfare officer from the Department of Social
Welfare and Development (DSWD) in coordination with the concerned barangay
officials. The DSWD and the DILG shall develop a standard operating procedure for
the rescue and rehabilitation of abused domestic workers, and in coordination with
the DOLE, for possible subsequent job placement.
ARTICLE V
POST EMPLOYMENT
Section 32. Termination of Service. Neither the domestic worker nor the employer
may terminate the contract before the expiration of the term except for grounds
provided for in Sections 33 and 34 of this Act. If the domestic worker is unjustly
dismissed, the domestic worker shall be paid the compensation already earned plus
the equivalent of fifteen (15) days work by way of indemnity. If the domestic worker
leaves without justifiable reason, any unpaid salary due not exceeding the
equivalent fifteen (15) days work shall be forfeited. In addition, the employer may
recover from the domestic worker costs incurred related to the deployment
expenses, if any: Provided, That the service has been terminated within six (6)
months from the domestic workers employment.
If the duration of the domestic service is not determined either in stipulation or by
the nature of the service, the employer or the domestic worker may give notice to
end the working relationship five (5) days before the intended termination of the
service.
The domestic worker and the employer may mutually agree upon written notice to
pre-terminate the contract of employment to end the employment relationship.
Section 33. Termination Initiated by the Domestic Worker. The domestic worker
may terminate the employment relationship at any time before the expiration of
the contract for any of the following causes:
(a) Verbal or emotional abuse of the domestic worker by the employer or
any member of the household;
(b) Inhuman treatment including physical abuse of the domestic worker by
the employer or any member of the household;
(c) Commission of a crime or offense against the domestic worker by the
employer or any member of the household;
(d) Violation by the employer of the terms and conditions of the
employment contract and other standards set forth under this law;
(e) Any disease prejudicial to the health of the domestic worker, the
employer, or member/s of the household; and
(f) Other causes analogous to the foregoing.
Section 34. Termination Initiated by the Employer. An employer may terminate
the services of the domestic worker at any time before the expiration of the
contract, for any of the following causes:
(a) Misconduct or willful disobedience by the domestic worker of the
lawful order of the employer in connection with the formers work;
(b) Gross or habitual neglect or inefficiency by the domestic worker in the
performance of duties;
(c) Fraud or willful breach of the trust reposed by the employer on the
domestic worker;
(d) Commission of a crime or offense by the domestic worker against the
person of the employer or any immediate member of the employers
family;
(e) Violation by the domestic worker of the terms and conditions of the
employment contract and other standards set forth under this law;
(f) Any disease prejudicial to the health of the domestic worker, the
employer, or member/s of the household; and
(g) Other causes analogous to the foregoing.
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Section 35. Employment Certification. Upon the severance of the employment
relationship, the employer shall issue the domestic worker within five (5) days from
request a certificate of employment indicating the nature, duration of the service
and work performance.
ARTICLE VI
PRIVATE EMPLOYMENT AGENCIES
Section 36. Regulation of Private Employment Agencies (PEAs). The DOLE shall,
through a system of licensing and regulation, ensure the protection of domestic
workers hired through the PEAs.
The PEA shall be jointly and severally liable with the employer for all the wages,
wage-related benefits, and other benefits due a domestic worker.
The provision of Presidential Decree No. 442, as amended, otherwise known as the
"Labor Code of the Philippines", on qualifications of the PEAs with regard to
nationality, networth, owners and officers, office space and other requirements, as
well as nontransferability of license and commission of prohibited practices, shall
apply.
In addition, PEAs shall have the following responsibilities:
(a) Ensure that domestic workers are not charged or levied any
recruitment or placement fees;
(b) Ensure that the employment agreement between the domestic worker
and the employer stipulates the terms and conditions of employment and
all the benefits prescribed by this Act;
(c) Provide a pre-employment orientation briefing to the domestic worker
and the employer about their rights and responsibilities in accordance with
this Act;
(d) Keep copies of employment contracts and agreements pertaining to
recruited domestic workers which shall be made available during
inspections or whenever required by the DOLE or local government
officials;
(e) Assist domestic workers with respect to complaints or grievances
against their employers; and
(f) Cooperate with government agencies in rescue operations involving
abused or exploited domestic workers.
ARTICLE VII
SETTLEMENT OF DISPUTES
Section 37. Mechanism for Settlement of Disputes. All labor-related disputes shall
be elevated to the DOLE Regional Office having jurisdiction over the workplace
without prejudice to the filing of a civil or criminal action in appropriate cases. The
DOLE Regional Office shall exhaust all conciliation and mediation efforts before a
decision shall be rendered.
Ordinary crimes or offenses committed under the Revised Penal Code and other
special penal laws by either party shall be filed with the regular courts.
ARTICLE VIII
SPECIAL PROVISIONS
Section 38. Information Program. The DOLE shall, in coordination with the DILG,
the SSS, the PhilHealth and Pag-IBIG develop and implement a continuous
information dissemination program on the provisions of this Act, both at the
national and local level, immediately after the enactment of this law.
Section 39. "Araw Ng Mga Kasambahay". The date upon which the President shall
approve this "Domestic Workers Act" shall be designated as the "Araw ng mga
Kasambahay".
ARTICLE IX
PENAL AND MISCELLANEOUS PROVISIONS
Section 40. Penalty. Any violation of the provisions of this Act declared unlawful
shall be punishable with a fine of not less than Ten thousand pesos (P10,000.00) but
not more than Forty thousand pesos (P40,000.00) without prejudice to the filing of
appropriate civil or criminal action by the aggrieved party.
Section 41. Transitory Provision; Non-Diminution of Benefits. All existing
arrangements between a domestic worker and the employer shall be adjusted to
conform to the minimum standards set by this Act within a period of sixty (60) days
after the effectivity of this Act: Provided, That adjustments pertaining to wages shall
take effect immediately after the determination and issuance of the appropriate
wage order by the RTWPBs: Provided, further, That nothing in this Act shall be
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construed to cause the diminution or substitution of any benefits and privileges
currently enjoyed by the domestic worker hired directly or through an agency.

Section 42. Implementing Rules and Regulations. Within ninety (90) days from the
effectivity of this Act, the Secretary of Labor and Employment, the Secretary of
Social Welfare and Development, the Secretary of the Interior and Local
Government, and the Director General of the Philippine National Police, in
coordination with other concerned government agencies and accredited
nongovernment organizations (NGOs) assisting domestic workers, shall promulgate
the necessary rules and regulations for the effective implementation of this Act.

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