NBI, police and ‘barangay’ clearances required of ‘yaya’

Persida Acosta

Persida Acosta

Dear PAO,
I just gave birth to my first child. Even though I am a stay-at-home mom, my husband thinks it is better for us to have a yaya so that I can also get enough rest. He worries because I am also diabetic. To be honest, I am very apprehensive in getting a yaya because I am afraid to let a stranger in our house, more so to take care of our daughter. But I think I could use some help. Will it be too harsh for us to require a prospective yaya to submit a police clearance or an NBI clearance?

Dear Helen,
It is quite understandable for you to feel a degree of concern and apprehension when it comes to employing a yaya for you and your new-born child. In fact, that feeling is very common among parents, especially first-time parents such as you, because there is always an inclination to protect our children.

You should also try to keep an open mind, however. While there is nothing wrong in exerting all efforts to provide the necessary care for your child, there is also nothing wrong in accepting help from other people. Perhaps by now you have come to realize that it is quite tiring to take care of a child, new-born at that, and maybe your husband is correct in thinking that it will benefit both you and your child to have a domestic worker or yaya around especially considering that you have a diabetic condition.

If you and your husband are strongly considering employing a domestic worker, be advised that you can require a prospective applicant to present a police clearance or National Bureau of Investigation (NBI) clearance. As a matter of fact, Section 12 of Republic Act (RA) 10361, or the Domestic Workers Act or Batas Kasambahay, provides, “Prior to the execution of the employment contract, the employer may require the following from the domestic worker: (a) Medical certificate or a health certificate issued by a local government health officer; (b) Barangay and police clearance; (c) National Bureau of Investigation (NBI) clearance; and (d) Duly authenticated birth certificate or if not available, any other document showing the age of the domestic worker such as voter’s identification card, baptismal record or passport. x x x” It is also worth emphasizing that if the employment of your domestic worker is facilitated through a Private Employment Agency (PEA), these certifications are deemed as standard requirements. You and your husband, however, are bound to answer for the costs in securing those requirements (Section 12, RA 10361).

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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