Dear Atty. Peachy,
My grandfather had been living by himself for 17 years prior to his death a month ago. My father who is his only son passed away 20 years ago and I, his only grandchild, have been based in Singapore for several years now. For the past 17 years, my grandfather had been under the care of his two household helpers, one of whom had been under his employ for 19 years, the other for 15 years. His helpers are now asking for separation pay from me. My grandfather had some amount saved in his bank account and I want to give these individuals who took really good care of him what is due them. How much separation pay are they entitled to?
Kat
Dear Kat,
Your grandfather’s household helpers or “kasambahay” are not entitled to separation pay under Republic Act 10361 (Kasambahay Law) or any other law. The only “separation pay” referred to under the Kasambahay Law is when a kasambahay was dismissed by the employer, under which he or she is entitled to an equivalent of 15 days salary. In any case, you have the option to give financial assistance to them. Please note that employees of companies that closes down are entitled to ½ month pay for every year of service. You may use this as your guide in computing their financial assistance.
Atty. Peachy Selda-Gregorio
