1. Fixed- Security of tenure
Termination prior to contract expiry must be for just cause, if the duration of the household service is NOT determined either by stipulation or by the nature of the service, the ER or the househelper may give notice to put an end to the relationship five days before the intended termination of the service.
If the period for household service is fixed, the house helper has a right against termination before the expiration of the term, except for a just cause.
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. 1697, Civil Code
If the period for household service is fixed neither the head of the family nor the house helper may terminate the contract before the expiration of the term, except for a just cause. If the house helper is unjustly dismissed, he shall be paid the compensation already earned plus that for fifteen days by way of indemnity. If the house helper leaves without justifiable reason, he shall forfeit any salary due him and unpaid, for not exceeding fifteen days.
2. Not fixed- Indemnity for unjust
termination of service
If the duration of the household service is not fixed either by stipulation or by the nature of the
service, the employer or the house helper may give notice to end, the relationship five days before the intended termination. (Rule XII, Book
III Sec. 10-17 IRR)
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. 1698, Civil Code
If the duration of the household service is not determined either by stipulation or by the nature of the service, the head of the family or the house helper may give notice to put an end to the service relation, according to the following rules: 1. If the compensation is paid by the day,
notice may be given on any day that the service shall end at the close of the following day
2. If the compensation is paid by the week, notice may be given, at the latest on the first business day of the week, that the service shall be terminated at the end of the seventh day from the beginning of the week
3. If the compensation is paid by the month, notice may be given, at the latest, on the fifth day of the month, that the service shall cease at the end of the month.
• If unjustly dismissed, the house helper is entitled to be paid the compensation already earned plus that for 15 days by way of indemnity.
D. EMPLOYMENT OF HOMEWORKERS TOPIC K-I. Definition
Note: DO 5, DOLE (February 4, 1992), is now Rule XIV, Book III of the IRRI.
Homeworker, defined
Sec. 1, Rule XIV, Book III, IRR
Homeworker applies to any person who performs industrial homework for an employer, contractor, or sub-contractor.
Employer of a homeworkers, defined Art. 155. Distribution of homework. For purposes of this Chapter, the "employer"
of homeworkers includes any person, natural or artificial who, for his account or benefit, or on behalf of any person residing outside the country, directly or indirectly, or through an employee, agent contractor, sub-contractor or any other person:
1. Delivers, or causes to be delivered, any goods, articles or materials to be processed or fabricated in or about a home and thereafter to be returned or to be disposed of or distributed in accordance with his directions; or
2. Sells any goods, articles or materials to be processed or fabricated in or about a home and then rebuys them after such processing or fabrication, either by himself or through some other person.
iii. Rights and
benefits of homeworkers 1. Right to form, join or assist organizations 161 2. Right to acquire legal personality and therights and privileges granted by law to legitimate labor organizations upon issuance of the certification of registration162
3. Immediate payment upon ER‘s receipt of finished goods or articles163
4. SSS, MEDICARE and ECC premium contributions shall be deducted from their pay and shall be remitted by ER/contractor/subcontractor to the SSS164 5. Employer may require homeworker to redo
work improperly executed without additional pay165
6. Employer need not pay homeworker for any
161 Sec 3, Rule XIV, Book III
162 Sec 4, Rule XIV, Book III
163 Sec 6, Rule XIV, Book III
164 Sec 6, Rule XIV, Book III
165 Sec 9a, Rule XIV, Book III
work done on goods or articles not returned due to homeworker‘s fault166
7. If subcontractor/contractor fails to pay homeworker, ER is jointly and severally liable with the former to the homeworker for his/her wage167
8. ER shall assist the homeworkers in the maintenance of basic safe and healthful working conditions at the homeworkers‘ place of work168
9. Homework prohibited in the ff: 169 a. explosives, fireworks and articles of
like character;
b. drugs and poisons; and
c. other articles, the processing of which requires exposure to toxic substances.
• Regional Office shall provide technical assistance to registered homeworkers‘ organizations170
iv. Conditions for deduction from homeworker’s earnings
Sec. 8. Deduction, Rule XIV, Book III No deduction from the homeworker‘s earnings for the value of materials lost, destroyed or damaged unless:
1. Homeworker is clearly shown to be responsible for loss or damage 2. Reasonable opportunity to be heard
3. Amount of deduction is fair and reasonable, and does not exceed actual loss or damage 4. Deduction does not exceed 20% of
homeworker‘s weekly earnings 166 Sec 9b, Rule XIV, Book III
167 Sec 11, Rule XIV, Book III
168 Sec 11, Rule XIV, Book III
169 Sec 13, Rule XIV, Book III