Education for household workers
Dear PAO,
My best friend’s daughter just graduated from senior high school. She wants to have a college degree. Her parents, however, cannot afford to send her to college, so she’s working as a kasambahay right now. Can household workers or kasambahay study while they are working?
Salve
Dear Salve,
Please be informed of Section 9, Article II of Republic Act (RA) 10361, known as the “Domestic Workers Act” or “Batas Kasambahay,” which states:
“SEC. 9. Right to Education and Training. – The employer shall afford the domestic worker the opportunity to finish basic education and may allow access to alternative learning systems and, as far as practicable, higher education or technical and vocational training. The employer shall adjust the work schedule of the domestic worker to allow such access to education or training without hampering the services required by the employer.”
Based on the above-stated law, an employer may allow the domestic worker to pursue higher education or to study in college. The work schedule shall be adjusted to allow such study without affecting one’s work as kasambahay. Therefore, any kasambahay may be able to go to college provided that the parties can come up with a schedule that would allow access to such studies but, at the same time, a schedule that would not be disruptive to the services that the kasambahay renders to his or her employer.
Aside from the above mentioned law, the Implementing Rules and Regulations (IRR) of RA 10361, mandates the Technical Education and Skills Development Authority (Tesda) to promote the education and training of kasambahay that will redound to his or her protection, competitiveness, and employability, whether locally or abroad.
Rule VII of the IRR mandates the Tesda to undertake its functions on skills training, assessment, and certification, to wit:
“Section 1. Training for localhired Kasambahay. — To promote the training of the Kasambahay, Tesda shall adjust the existing training regulations for issuance of National Certificate (NCII) on housekeeping and customize them for local-hired Kasambahay within six (6) months from the promulgation of the IRR;
“Section 2. Skills Training, Assessment and Certification. – To ensure productivity and assure quality services, the DoLE, through the Regional/ Provincial or District Offices of Tesda, shall facilitate access of Kasambahay to efficient training, assessment, and certification based on Tesda Training Regulations for Household Services NCII. For this purpose, the competencies to be achieved consist of (a) cleaning living room, dining room, bedroom toilet, and kitchen; (b) washing and ironing clothes, linen and fabric; (c) preparing hot and cold meals/food; and (d) serving food and beverage.”
We hope that we were able to answer your queries. Please be reminded that 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.