The issue of finder's fees being charged to domestic workers, or "kasambahay," has become a common query and concern. Understanding the law that governs this area can help both employers and domestic workers ensure that they are abiding by the legal guidelines.

Question: Is it legal for an employer to charge a finder's fee to a domestic worker in the Philippines?

Answer: No, it is not legal to charge a finder's fee to a domestic worker.

According to the "Kasambahay Law" (Republic Act No. 10361), specifically Section 13, titled "Recruitment and Finder’s Fees," it is clear that no share in the recruitment or finder's fees can be charged against the domestic worker, regardless of whether the domestic worker was hired through a private employment agency or a third party.

What is the purpose of this provision?

The law aims to protect domestic workers from unfair financial burdens and to ensure that they receive fair treatment. By prohibiting charges for finder's fees, the law ensures that domestic workers do not have to bear the cost of their recruitment, which would otherwise diminish their take-home pay.

What actions can a domestic worker take if charged with a finder's fee?

If a domestic worker is charged a finder's fee, they can file a complaint with the appropriate government agency responsible for labor matters. The complaint will be investigated, and appropriate legal actions will be taken against the employer if found to be in violation of the law.

Conclusion:

The Kasambahay Law clearly prohibits the charging of finder's fees to domestic workers. Both employers and domestic workers must be aware of this provision to ensure compliance with the law. Violating this provision can result in legal consequences. If you have specific concerns or need assistance related to this matter, it is advisable to consult with a legal professional or the appropriate government agency.