Employment of home workers

Employment of Home Workers

Definition• Homeworkers or home workers 

– defined by the International Labour Organization as people working from their homes or from other premises of their choosing other than the workplace.

SECTION 1. General statement on coverage

• This Rule shall apply to any home worker who performs in or about his home any processing of goods or materials, in whole or in part, which have been furnished directly or indirectly by an employer and thereafter to be returned to the latter.

SECTION 2. Definitions.• The following terms shall have

the meanings indicated:

a. Home b. Employerc. Contractor or sub-

contractord. Processing

A. Home• Any room, house, apartment, or other

premises used regularly, in whole or in part, as a dwelling place.

B. Employer• Any natural or artificial person who, for his

own account or benefit, or on behalf of any person residing outside the Philippines, directly or indirectly, or through any employee, agent, contractor, sub-contractor

C. Contractor/Sub-Contractor

• Any person who, for the account or benefit of an employer, delivers or caused to be delivered to a homeworker goods or articles to be processed in or about his home

D. Processing

SECTION 3. Payment for work.

• Immediately upon receipt of the finished goods or articles, the employer shall pay the homeworker/contractor/sub-contractor for the work performed. (within the week)

• Secretary of Labor and Employment shall from time to time establish the standard minimum piece or output rate

SECTION 4. Deductions

• No employee, contractor, or sub-contractor shall make any deduction from the homeworker's earnings for the value of materials which have been lost, destroyed, soiled or otherwise damaged.

SECTION 5. Conditions for payment of work.

• The employer may require the homeworker to re-do work which has been improperly executed without having to pay the stipulated rate more than once.

SECTION 6. Disagreement between homeworkers and employer.

• Under Section 4,5 and 6 of this Rule, either party may refer the case to the Regional Office having jurisdiction over the homeworker.

• The Regional Office shall decide the case within ten (10) working days.

SECTION 7. Liability of employer and Contractor.

• An employer shall be jointly and severally liable with the contractor or sub-contractor to the workers of the latter, to the extent that such work is performed under such contract