Waiving day off

Waiving day off "I am a single mother and I rely heavily on my helper who looks after my daughter, especially now that she is attending online classes while I have to work from home. Since the community quarantine started, my helper has not been able to take her day off since I feel it is very unsafe. I explained to her why I cannot give her days off like she used to have before and she understands it. We just agreed verbally that for every day off she will not take, I will pay her a day’s worth of wage. I also give her extra whenever we are able to save on our monthly expenses since we are just at home. Is this arrangement valid? I do not want to have a problem later on with this being an invalid arrangement. Inasmuch as I would like to give what is due her, day off in this case, I am prioritizing our health and safety, especially because I have a child. Please advise.Kamille Dear Kamille,All laborers are entitled to days off, and that it includes domestic workers like general househelp, nursemaids or “yaya,” cooks, gardeners, or laundry persons. Under Republic Act (RA) 10361, otherwise known as “Domestic Workers Act” or “Batas Kasambahay,” househelp are eligible to at least 24 consecutive hours of rest day in a week.Nevertheless, such rest day may be, in writing, offset or waived in exchange of daily pay. To be precise, Section 21 of RA 10361 provides: “Section 21. Weekly Rest Period. — The domestic worker shall be entitled to at least twenty-four (24) consecutive hours of rest in a week. The employer and the domestic worker shall agree in writing on the schedule of the weekly rest day of the domestic worker: Provided, that the employer shall respect the preference of the domestic worker as to the weekly rest day when such preference is based on religious grounds. Nothing in this provision shall deprive the domestic worker and the employer from agreeing to the following:“(a) Offsetting a day of absence with a particular rest day “(b) Waiving a particular rest day in return for an equivalent daily rate of pay“(c) Accumulating rest days not exceeding five (5) days or“(d) Other similar arrangements.” (Emphasis supplied)We understand that all of us need to take added measures to ensure our health and safety in view of the pandemic. However, our chosen measures should conform with the law. Taking into consideration the facts that you have shared and the above-mentioned legal provision, we believe that the arrangement between you and your househelp is valid so long as the same be made in writing and you are complying with your obligation of paying her the amount equivalent to her daily rate for each rest day that she waives. 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/