Kasambahay Law

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The Republic Act 10361 also known as the Kasambahay Law, Domestic Workers Act or Batas Kasambahay, institutes policies for the protection and welfare of domestic workers, including househelp, nannies, laundrywomen, and cooks, among others.

The law adheres to the state's aim to protect domestic workers by recognizing their needs, ensuring they have safe and healthful working conditions, and formulating gender-sensitive policies and programs. It was signed by President Benigno Simeon Aquino III on 18 January 2013.

Contents

Content

Rights and privileges of domestic workers

  • Standard treatment - The domestic worker shall not be subjected to any kind of abuse, physical violence, or harassment, or any act which degrades their dignity.
  • Board, lodging and medical attendance - The domestic worker shall be provided basic necessities which include at least three adequate meals a day and humane and safe sleeping arrangements. They shall be provided adequate rest and assistance in case of illnesses and injuries sustained during service. The employer shall not withdraw these basic necessities in order to punish or discipline the worker.
  • Guarantee of privacy - The domestic worker's privacy, which extends to all forms of communication and personal effects, shall be respected.
  • Access to outside communication - The worker shall be provided access to outside communication during free time and in case of emergency, even during work time. If the worker uses the employer’s telephone or other communication facilities, the costs shall be covered by the worker unless such charges are waived by the employer.
  • Right to education and training - The worker shall be provided the opportunity to finish basic education and be allowed access to alternative learning systems and if possible, higher education or technical and vocational training. Their schedule shall be adjusted by the employer to be able to access education or training without affecting the services required by the employer.
  • Prohibition against privileged information - All communication and information of the employer or members of the household shall be treated as privileged and confidential and shall not be publicly disclosed by the worker during or after employment. Such privileged information shall be inadmissible in evidence except when the suit involves the employer or any member of the household in a crime against persons, property, personal liberty and security, or chastity.

Pre-employment

An employment contract shall be made between the worker and the employer before the start of the service, in a language or dialect understood by both parties. The worker shall be provided a copy of the duly signed contract. The contract shall cover:

  • Duties and responsibilities of the domestic worker
  • Period of employment
  • Compensation
  • Authorized deductions
  • Hours of work and proportionate additional payment
  • Rest days and allowable leaves
  • Board, lodging, and medical attention
  • Deployment expenses, if any
  • Loans
  • Termination of employment
  • Any other lawful condition agreed upon by both parties

The Department of Labor and Employment (DOLE) shall create a model employment contract. In cases where the employment of the domestic worker is facilitated through a private employment agency, the agency shall keep a copy of all employment contracts of domestic workers and shall be made available for verification and inspection by DOLE.

Pre-employment requirements

  • Medical certificate or a health certificate issued by a local government health officer
  • Barangay and police clearance
  • National Bureau of Investigation (NBI) clearance
  • 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)

Others

Employment age of domestic workers - It is unlawful to employ any person below 15 years of age as a domestic worker. Employment of working children shall be subject to the provisions of the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act. They shall be entitled to minimum wage, and all benefits provided under this act.

  • Employer's reportorial duties - Employers shall register all workers under their employment in the Registry of Domestic Workers, in the barangay where the employer's residence is located.
  • Skills, training, assessment, and certification - DOLE and the Technical Education and Skills Development Authority (TESDA) shall provide efficient training, assessment and certification to workers based on a duly promulgated training regulation.

Employment

  • Health and safety - The employer shall safeguard the health and safety of the worker.
  • Daily rest period - The worker shall be entitled to a daily rest period of eight hours per day.
  • Weekly rest period - The worker shall be entitled to at least 24 consecutive hours of rest in a week.
  • Assignment to non-household work - No domestic worker shall be assigned to commercial, industrial, or agricultural enterprise work at a wage rate which is lower than that provided for agricultural or non-agricultural workers. The worker shall be paid the applicable minimum wage in said cases.
  • Extent of duty - If agreed upon by both parties, the worker may temporarily perform a task outside the employer's household for the benefit of another household. It should be noted that any liability incurred by the worker shall be born by the original employer. Also, such work performed outside the household shall entitle the worker to additional payment not less than the existing minimum wage rate of a domestic worker. It is unlawful for the original employer to charge any amount from the household where the worker temporarily performed duties.
  • Minimum wage - The minimum wage of domestic workers shall not be less than:
    • (a) PHP 2,500 a month for those employed in the National Capital Region (NCR).
    • (b) PHP 2,000 a month for those employed in chartered cities and first class municipalities.
    • (c) PHP 1,500 a month for those employed from other municipalities.
  • Payment of wages - Wages shall be paid on time. Unless agreed upon by both parties in written form, the employer shall not deduct any amount from the wages other than that which is mandated by law. Any object other than the cash wage is not allowed as payment. The worker is entitled to thirteenth month pay as provided for by law.
  • Pay slip - The employer shall provide the worker with a copy of the pay slip which contains the amount paid in cash every pay day. It should also include all deductions made, if any. Copies of the pay slip shall be kept by the employer for a period of three years.
  • Prohibition on interference in the disposal of wages - It is unlawful for the employer to interfere with the freedom of the worker to dispose of their wages.
  • Prohibition against withholding of wages - It is unlawful for the employer to withhold the wages of the worker.
  • Leave benefits - A worker who has served at least a year shall be entitled to an annual service incentive leave of five days with pay. The unused portion of this annual leave shall not be cumulative or carried over the succeeding years and shall not be convertible to cash.
  • Social and other benefits - A worker who has served at least one month shall be covered by the Social Security System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home Development Mutual Fund or Pag-ibig, and shall be entitled to all the benefits in accordance with the law. Contributions shall be shouldered by the employer. If the worker receives a wage of PHP 5,000 and above per month, the worker shall pay the proportionate share in the contributions, as provided by law.
  • Rescue and rehabilitation of abused domestic workers - Any abused or exploited worker shall be rescued by a municipal or city social welfare officer or social welfare officer from the Department of Social Welfare and Development (DSWD) in coordination with the concerned barangay officials.

Post-employment

  • Termination of service - Neither the employer nor the worker may terminate the contract before the expiration of the term. If the worker is unjustly dismissed, the worker shall be paid the compensation earned plus the equivalent of 15 days work by way of indemnity. If the worker leaves without justifiable reason, any unpaid salary not exceeding the equivalent 15 days work shall be forfeited. The employer may recover from the worker costs incurred related to the deployment expenses, if any, provided that the service has been terminated within six months from the worker's employment.
  • Termination initiated by the domestic worker - The worker may terminate the employment relationship at any time before the expiration of the contract if the worker experiences any of the following:
    • Verbal or emotional abuse
    • Inhuman treatment including physical abuse
    • Commission of crime or offense
    • Violation of the terms and conditions of the employment contract
    • Any disease prejudicial to the health of the worker, employer or any member of the household
  • Termination initiated by the employer - The employer may terminate the services of the worker at any time before the expiration of the contract due to any of the following:
    • Misconduct or willful disobedience
    • Gross or habitual neglect or inefficiency in the performance of duties
    • Fraud or willful breach of trust
    • Commission of crime or offense
    • Violation of the terms and conditions of the employment contract
    • Any disease prejudicial to the health of the worker, employer or any member of the household
  • Employment certification - Upon the severance of the employment relationship, the employer shall issue the worker a certificate of employment which indicates the nature, duration of service, and work performance of the worker, within five days from the date when it was requested.

Private employment agencies

Through a system of licensing and regulation, DOLE shall ensure the protection of domestic workers hired through PEAs. The PEA shall be jointly and severally liable with the employer for all the wages, wage-related benefits, and other benefits due a domestic worker.

References


Citation

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