Terminating the employment of domestic workers for being infected with the novel coronavirus disease (Covid-19) is illegal, according to the Department of Labor and Employment (DOLE).
DOLE’s Occupational Safety and Health Center (OSHC) issued the clarification as the number of confirmed Covid-19 cases in the country climbed to 500,577 as of Sunday.
“It is not sufficient grounds for the termination [of employment] of a kasambahay [domestic worker]. This is not only applicable for Covid-19 but also for other diseases such as tuberculosis, HIV, and Hepatitis B,” OSHC health officer Reynaldo Sta. Ana said in an online forum on Monday in observance of the 8th anniversary of the passage of Republic Act 10361, or the Kasambahay law.
In fact, he said employers should help their domestic workers get access to medical facilities in case they are afflicted with such diseases, especially Covid-19.
“Based from the DOLE-DTI [Department of Trade and Industry] guidelines regarding Covid-19, employer should shoulder [the cost of] hospitalization, and testing of their kasambahay with regards to Covid-19,” Sta. Ana said.
He noted employers could only legitimately retrench their domestic workers if they are not properly doing their jobs, or misbehaving.
Mostly resolved
Domestic workers, who will become victims of illegal dismissal and other unfair labor practice, could file a complaint at the DOLE regional, provincial, and field offices as well as its attached agencies.
Labor Secretary Silvestre H. Bello III said domestic workers with pending labor disputes will be required to undergo a 30-day conciliation and mediation with their employers.
Once the case is submitted for resolution, the concerned office handling the case must issue a compliance order.
As of 2020, the National Conciliation and Mediation Board (NCMB) reported it had received 129 request for assistance (RFA) involving local domestic workers. Of which, 80 were disposed as of September 2020.
Among the issues, which were raised in the RFAs by DOLE last year, were alleged illegal termination/dismissal; non-payment of salaries; non-payment of back pay; non-payment of overtime pay and holiday pay and underpayment of wages, among others.
The remaining 49 cases of the RFAs last year were still pending as of September 2020.
From 2013 to 2020, DOLE was able to handle 1,236 RFAs concerning domestic workers. Of which, 1,187 were disposed/resolved. 30