Dear PAO,

I am applying for a job as a kasambahay with a prospective employer. After our initial meeting, I was asked to complete pre-employment requirements, such as a medical certificate, police clearance and birth certificate. However, I am worried because I do not have the money to secure these requirements. Are these documents required? Who should shoulder the costs of these requirements?

Anarose

Dear Anarose,

The State underscores the need to give special protection and rights to the vulnerable sectors of society, such as kasambahay or domestic workers. Republic Act (RA) 10361, otherwise known as the “Domestic Workers Act” or “Batas Kasambay,” guarantees the rights and gives concrete protection to kasambahay from economic and social abuses.

Section 12 of Article III of the said law provides the requirements that may be mandated by the prospective employer from the domestic worker:

“SEC. 12. Pre-Employment Requirement. – Prior to the execution of the employment contract, the employer may require the following from the domestic worker:

“(a) Medical certificate or a health certificate issued by a local government health officer;

“(b) Barangay and police clearance;

“(c) National Bureau of Investigation (NBI) clearance; and

“(d) Duly authenticated birth certificate or, if not available, any other document showing the age of the domestic worker such as voter’s identification card, baptismal record or passport.

“However, Section 12(a), (b), (c) and (d) shall be standard requirements when the employment of domestic workers is facilitated through the PEA.

“The cost of the foregoing shall be borne by the prospective employer or agency, as the case may be.” (Emphasis supplied)

To answer your question, it is the prerogative of the employer to mandate pre-employment documents, such as medical certificates, police clearance and birth certificates. This ensures that the domestic worker is fit to work in a household and has no legal obligations or liabilities. All these requirements must be submitted prior to the signing of the employment contract.

Similarly, under the same section and article, the law states that the expenses for these pre-employment requirements are to be shouldered by the prospective employer.

In your situation, all costs you incur in complying with the pre-employment requirements are legally mandated to be paid by your prospective employer. Should you be required to pay for the expenses, the employer may be penalized accordingly.

Article IX, Section 40 of the Batas Kasambahay provides penalties on violators of any of the provisions of the law:

“SEC. 40. Penalty. – Any violation of the provisions of this Act declared unlawful shall be punishable with a fine of not less than Ten thousand pesos (P10,000.00) but not more than Forty thousand pesos (P40,000.00) without prejudice to the filing of appropriate civil or criminal action by the aggrieved party.”

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]