Law on family drivers

Law on family drivers "My father worked as a family driver for over a decade. Last week, he was informed by the family that they were no longer using his services. In line with this notice, they also offered to pay my father an amount equivalent to a month of his service. I really find this offer negligible, considering the years of services my father dedicated to this family. Also, my cousin who was terminated by his employer company received a separation pay equivalent to his monthly salary multiplied by the number of years of service. May I know whether my father has the same right to demand for separation pay equivalent to one-month salary multiplied by the number of years of his service? Chuck Dear Chuck,The answer to your query is no. According to the Supreme Court, a family driver’s rights are governed by the Civil Code and not by the Labor Code, specifically the provisions on separation pay for authorized causes. In the case of Atienza vs Saluta (GR 233413, June 17, 2019), the high court, through Associate Justice Jose Reyes Jr., declared: “Due to the express repeal of the Labor Code provisions pertaining to househelpers, which includes family drivers, by the Kasambahay Law and the non-applicability of the Kasambahay Law to family drivers, there is a need to revert back to the Civil Code provisions, particularly Articles 1697 and 1698 thereof. The Articles provide:“Article 1697. If the period for household service is fixed neither the head of the family nor the househelper may terminate the contract before the expiration of the term, except for a just cause. If the househelper is unjustly dismissed, he shall be paid the compensation already earned plus that for fifteen days by way of indemnity. If the househelper leaves without justifiable reason, he shall forfeit any salary due him and unpaid, for not exceeding fifteen days. “Article 1698. If the duration of the household service is not determined either by stipulation or by the nature of the service, the head of the family or the house helper may give notice to put an end to the service relation, according to the following rules:“(1) If the compensation is paid by the day, notice may be given on any day that the service shall end at the close of the following day “(2) If the compensation is paid by the week, notice may be given, at the latest on the first business day of the week, that the service shall be terminated at the end of the seventh day from the beginning of the weekL(3) If the compensation is paid by the month, notice may be given, at the latest, on the fifth day of the month, that the service shall cease at the end of the month. xxx“Since what were expressly repealed by the Kasambahay Law were only Articles 141 to 152, Chapter III of the Labor Code on Employment of Househelpers and the Labor Code did not repeal the Civil Code provisions concerning household service which impliedly includes family drivers as they minister to the needs of a household, the said Civil Code provisions stand. To rule otherwise would leave family drivers without even a modicum of protection. Certainly, that could not have been the intent of the lawmakers.”In this regard, pursuant to Article1697 of the said Code, your father as a family driver shall be paid the compensation he had already earned plus that for 15 days by way of indemnity if he was unjustly dismissed. In sum, since the Labor Code of Philippines does not apply to the situation of your father, the provision on separation pay equally does not apply.We hope that we were able to answer your queries. 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" - https://www.affordablecebu.com/