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Under the Implementing Rules and Regulations of R.A. 10361 or the “Domestic Workers
Act” or “Batas Kasambahay,” Section 2 excludes family drivers under its coverage. Thus,
the Labor Code of the Philippines1 still applies, particularly Article 141 which states:
“Article 141. Coverage. This Chapter shall apply to all persons rendering
services in households for compensation.
"Domestic or household service" shall mean service in the employer’s 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 employer’s household, including services of family
drivers.”
Just cause is lawful or valid ground for termination of employment arising from causes
directly attributable to the fault or negligence of an employee. These are considered serious or grave
in nature and attended by willful or wrongful intent or they reflected adversely on the moral
character of the employees. Article 149 of the Labor Code provides that a househelper may only be
terminated upon expiry of his contract with the employer or by just cause, thus:
Article 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.
The dismissal under just causes imposed by the employer is taken as a punishment for the
employees acts or omission. Article 282 enumerates the grounds that may be used by an employer as
a just cause for termination of an employee or househelper’s services. The said provision states:
Fraud or willful breach by the employee of the trust reposed in him by his
employer or duly authorized representative;
With regard to the last ground, examples of analogous cases may also be considered such as:
The Labor Code provides for the service of termination notice to a househelper
under Article 150 which states that:
“Article 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.”
In short, an employer may terminate the services of a domestic driver upon service of notice for
termination as determined by:
No Separation Pay if
Termination is Based
On Grounds under
Just Cause
The termination of an employee based on Article 282 of the Labor Code on just cause
prevents the latter from being entitled to payment of separation benefits. Section 7, Rule I, Book
VI, of the Omnibus Rules Implementing the Labor Code provides:
4 Elizalde International vs. Court of Appeals, G.R. No. L40553 February 26, 1981