Termination of Househelpers

Pre-termination of employment

The following rules shall be observed: (1) In case the duration of employment is specified in the contract, the Kasambahay and the employer may mutually agree upon notice to terminate the contract of employment before the expiration of its term. (2) In case the duration is not determined by stipulation or by nature of service, the employer or the Kasambahay may give notice to end the employment relationship five (5) days before the intended termination of employment.

Termination of employment initiated by the Kasambahay

The Kasambahay may terminate the employment relationship at any time before the expiration of the contract for any of the following causes: (1) Verbal or emotional abuse of the Kasambahay by the employer or any member of the household; (2) Inhuman treatment including physical abuse of the Kasambahay by the employer or any member of the household; (3) Commission of a crime or offense against the Kasambahay by the employer or any member of the household; (4) Violation by the employer of the terms and conditions of the employment contract and other standards set forth in the law; (5) Any disease prejudicial to the health of the Kasambahay, the employer, or members of the household; and (6) Other causes analogous to the foregoing.

If the Kasambahay leaves without cause, any unpaid salary due, not exceeding the equivalent of fifteen (15) days work, shall be forfeited. In addition, the employer may recover from the Kasambahay deployment expenses, if any, if the services have been terminated within six (6) months from employment.
Termination of employment initiated by the employer

An employer may terminate the employment of the Kasambahay at any time before the expiration of the contract for any of the following causes:

[1] Misconduct or willful disobedience by the Kasambahay of the lawful order of the employer in connection with the former's work;
[2] Gross or habitual neglect or inefficiency by the Kasambahay in the performance of duties;
[3] Fraud or willful breach of the trust reposed by the employer on the Kasambahay;
[4] Commission of a crime or offense by the Kasambahay against the person of the employer or any immediate member of the employer's family;
[5] Violation by the Kasambahay of the terms and conditions of the employment contract and other standards set forth under the law;
[6] Any disease prejudicial to the health of the Kasambahay, the employer, or members of the household; and
[7] Other causes analogous to the foregoing.

If the employer dismissed the Kasambahay for reasons other than the above, he/she shall pay the Kasambahay the earned compensation plus indemnity in the amount equivalent to fifteen (15) days work.

Invalid ground for termination

Pregnancy and marriage of the Kasambahay are not valid grounds for termination of employment.

Employment Certification

Upon the termination of employment, the employer shall issue the Kasambahay, within five (5) days from request, a certificate of employment indicating the nature, duration of the service and work description.