Ending Kasambahay Employment: Notice, Indemnity and COE

It depends on whether the job has a fixed term. Section 32 says neither side may end the contract "before the expiration of the term" except for the grounds in Sections 33 and 34.

If the length of service is not fixed, either by the contract or by the nature of the work, either side may end the relationship by giving notice "five (5) days before the intended termination of the service."

Both sides may also agree, by written notice, to end the contract early.

Section 33 lets the domestic worker leave at any time before the contract ends for any of these causes:

1. verbal or emotional abuse by the employer or a household member;
2. inhuman treatment, including physical abuse, by the employer or a household member;
3. a crime or offense committed against the worker by the employer or a household member;
4. violation by the employer of the contract or of the standards in the law;
5. any disease prejudicial to the health of the worker, the employer or household members;
6. other causes similar to these.

Section 34 lets the employer end the job before the contract ends for any of these causes:

1. misconduct or willful disobedience of a lawful order connected with the work;
2. gross or habitual neglect or inefficiency in doing the work;
3. fraud or willful breach of the trust given to the worker;
4. a crime or offense by the worker against the employer or an immediate family member;
5. violation by the worker of the contract or of the standards in the law;
6. any disease prejudicial to the health of the worker, the employer or household members;
7. other causes similar to these.

Under Section 32, "the compensation already earned plus the equivalent of fifteen (15) days work by way of indemnity." The amount depends on the worker's own rate of pay under the contract.

Two consequences under Section 32:

• Forfeiture. "Any unpaid salary due not exceeding the equivalent fifteen (15) days work shall be forfeited." Section 28 repeats this rule. The forfeiture is limited to 15 days; the rest of the earned pay must still be paid.
• Deployment expenses. The employer may also recover deployment expenses it paid, if any, but only if the service ended within six months from the start of employment. Deployment expenses mean transport costs to bring the worker from home to the workplace. Advances or loans are not deployment expenses (Section 4(b)).

Outside this rule, it is unlawful to withhold a kasambahay's wages (Section 28).

• Pay already earned. Including any unpaid salary up to the last day worked, subject only to the forfeiture rule above.
• [13th month pay](/law/glossary/thirteenth-month-pay). The law says the domestic worker is entitled to 13th month pay as provided by law (Section 25). See kasambahay rights.
• Certificate of employment. Section 35 says that when the job ends, the employer must issue a certificate of employment "within five (5) days from request," stating the nature and duration of the service and the work performance.

Note that unused service incentive leave of a kasambahay is not converted to cash (Section 29).

Section 37 says all labor-related disputes go to the DOLE Regional Office that has jurisdiction over the workplace. The office "shall exhaust all conciliation and mediation efforts before a decision shall be rendered." Civil or criminal cases may still be filed in appropriate cases, and ordinary crimes by either side go to the regular courts.

Labor money claims have a deadline. See how long you have to file a money claim and how to file a labor complaint.

These are made-up examples to show how the rules work. They are not advice for any real case.

Linda. Linda is a yaya with no fixed term in her contract. She wants to go home to Samar for good. She tells her employer five days before her last day. She is paid all the salary she earned and asks for her certificate of employment, which the employer must issue within five days.

Tess. Tess is fired after her employer's ring goes missing, with no proof that she took it. If the dismissal is found unjust, she gets her earned pay plus 15 days' pay as indemnity. She can bring the dispute to the DOLE Regional Office.

Rey. Rey, a houseboy, was brought from Leyte to Manila and his employer paid his boat fare. After three months he leaves one night without notice and without any valid reason. His employer may keep up to 15 days of his unpaid salary and may recover the boat fare, because he left within six months. Rey's other earned pay must still be paid.

Grace. Grace, a cook, is shouted at and insulted every day by a household member. Verbal or emotional abuse is a ground for her to leave at once (Section 33). Leaving for a valid reason does not lead to forfeiture.

Talk to a lawyer or the Public Attorney's Office (PAO) if there was abuse, if the kasambahay is accused of a crime, or if the employer refuses to pay or to release belongings or documents. A lawyer can also help if the facts about the reason for leaving are disputed.

If you cannot afford a lawyer, see Free legal help in the Philippines.