Nanny’s services can be terminated anytime for cause

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Persida Acosta

Persida Acosta

Dear PAO,
I hired a nanny for my three-year-old daughter. The nanny has only been with us for a month now, but I am seriously considering the termination of her services. I am not so sure if it will be legal for me to just terminate her, so I would like to seek your advice. Are there specific grounds for terminating a nanny? Thank you in advance.
Zia

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Dear Zia,
First and foremost, we wish to emphasize that there exists a contract of employment between you and your nanny. Thus, it is important for both of you to respect the provisions and/or stipulations of such contract.

Accordingly, if you and your nanny have clearly agreed on the period of her domestic employment, then you may not simply terminate her services if such agreed period has not yet lapsed (Section 32,Republic Act 10361, or the Domestic Workers Act or Batas Kasambahay).

But, if you and your nanny mutually agree in writing to pre-terminate such contract of employment so as to end your employment relationship, then this will serve as a valid cause for the termination you desire (Ibid.).

If, however, the duration of the contract cannot be determined either in the stipulations that you have made in your contract or by the nature of her service, either you or your nanny may give the other a notice to end the working relationship at least five days before the intended termination of the service (Id.).

An employer, such as yourself, may terminate the services of your 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 her 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 the law; (f) any disease which is prejudicial to the health of the domestic worker, the employer, or member/s of the household; and (g) such other causes that are analogous to the foregoing (Section 34, Id.).

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.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net

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