Dismissing a Househelper

What are the requisites for and consequences of dismissing a househelper? Do you need to follow the twin-notice rule as in the case of business employees? In case the dismissal is unjust, is the employer liable for backwages until the househelper is reinstated? Is an unjustly dismissed househelper entitled to reinstatement? The answers to these questions may be found in Articles 149 and 150 of the Labor Code of the Philippines, which state:

“Sec. 14. Indemnity for unjust termination of service. – If the period for 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. 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.

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