Article V

ARTICLE V
POST EMPLOYMENT 

SEC. 32. Termination of Service. – Neither the domestic worker nor the employer may terminate the contract before the expiration of the term except for grounds provided for in Sections 33 and 34 of this Act. If the domestic worker is unjustly dismissed, the domestic worker shall be paid the compensation already earned plus the equivalent of fifteen (15) days work by way of indemnity. If the domestic worker leaves without justifiable reason, any unpaid salary due not exceeding the equivalent fifteen (15) days work shall be forfeited. In addition, the employer may recover from the domestic worker costs incurred related to the deployment expenses, if any: Provided, That the service has been terminated within six (6) months from the domestic worker’s employment.
If the duration of the domestic service is not determined either in stipulation or by the nature of the service, the employer or the domestic worker may give notice to end the working relationship five (5) days before the intended termination of the service.
The domestic worker and the employer may mutually agree upon written notice to pre-terminate the contract of employment to end the employment relationship.

SEC. 33. Termination Initiated by the Domestic Worker. – The domestic worker may terminate the employment relationship at any time before the expiration of the contract for any of the following causes:

  • (a) Verbal or emotional abuse of the domestic worker by the employer or any member of the household;
  • (b) Inhuman treatment including physical abuse of the domestic worker by the employer or any member of the household;
  • (c) Commission of a crime or offense against the domestic worker by the employer or any member of the household;
  • (d) Violation by the employer of the terms and conditions of the employment contract and other standards set forth under this law;
  • (e) Any disease prejudicial to the health of the domestic worker, the employer, or member/s of the household; and
  • (f) Other causes analogous to the foregoing.

SEC. 34. Termination Initiated by the Employer. – An employer may terminate the services of the domestic worker at any time before the expiration of the contract, for any of the following causes:

  • (a) Misconduct or willful disobedience by the domestic worker of the lawful order of the employer in connection with the former’s work;
  • (b) Gross or habitual neglect or inefficiency by the domestic worker in the performance of duties;
  • (c) Fraud or willful breach of the trust reposed by the employer on the domestic worker;
  • (d) Commission of a crime or offense by the domestic worker against the person of the employer or any immediate member of the employer’s family;
  • (e) Violation by the domestic worker of the terms and conditions of the employment contract and other standards set forth under this law;
  • (f) Any disease prejudicial to the health of the domestic worker, the employer, or member/s of the household; and
  • (g) Other causes analogous to the foregoing.

SEC. 35. Employment Certification. – Upon the severance of the employment relationship, the employer shall issue the domestic worker within five (5) days from request a certificate of employment indicating the nature, duration of the service and work performance.

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