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Question XI

2018 Bar · Labor Law · 1 sub-question

XI. Your favorite relative, Tita Nilda, approaches you and seeks your advice on her treatment of her kasambahay, Noray. Tita Nilda shows you a document called a "Contract of Engagement" for your review. Under the Contract of Engagement, Noray shall be entitled to a rest day every week, provided that she may be requested to work on a rest day if Tita Nilda should need her services that day. Tita Nilda also claims that this Contract of Engagement should embody all terms and conditions of Noray's work as the engagement of a kasambahay is a private matter and should not be regulated by the State. a) Is Tita Nilda correct in saying that this is a private matter and should not be regulated by the State? (2.5%) b) Is the stipulation that she may be requested to work on a rest day legal? (2.5%) c) Are stay-in family drivers included under the Kasambahay Law? (2.5%)

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