Persons in the Personal Service of Another

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1. Concept

Persons in the personal service of another – refers to individuals who regularly provide service to individuals or a family, without being a kasambahay or a domestic worker, and not necessarily relating to domestic work. They may include personal/family drivers (Atienza v. Saluta, G.R. No. 233413, June 17, 2019, Per Reyes, Jr., J.), personal/family security or bodyguard, personal assistants, carers, or aides.

Domestic worker or Kasambahay – refers to ‘any person engaged in domestic work within an employment relationship such as, but not limited to, the following: general househelp, nursemaid or “yaya”, cook, gardener, or laundry person, but shall exclude any person who performs domestic work only occasionally or sporadically and not on an occupational basis.’ (R.A. 10361, Domestic Workers Act or Batas Kasambahay. Section 4 [d])

NB: The term ‘domestic worker’ or kasambahay ‘does not include children who are under foster family arrangement, and are provided access to education and given an allowance incidental to education, i.e. “baon”, transportation, school projects and school activities.’ (Ibid., Paragraph 2, Section 4[d])

Domestic work – refers to ‘work performed in or for a household or households.’ (Ibid., Section 4[c])

Household – refers to ‘the immediate members of the family or the occupants of the house that are directly provided services by the domestic worker.’ (Ibid., Section 4[f])

Related: Kasambahay or Domestic Worker, Guide: Batas Kasambahay or Domestic Workers Act

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