Department of Labor and Employment Bureau of Working Conditions

BATAS KASAMBAHAY BATAS KASAMBAHAY Republic Act No. 10361 Republic Act No. 10361

TimelineTimeline

RA 10361 − Signing: 18 January 2013 Publication: 25 January 2013

Effectivity: 10 February 2013

IRR − Signing: 9 May 2013 Publication: 19 May 2013 Effectivity: 4 June 2013

CoverageCoverage

General househelp

Yaya

Cook

Gardener

Laundry person

Person who regularly performs domestic work in one household on an occupational basis

Not coveredNot covered

Service providers

Family drivers

Children under foster family arrangement

Person who performs work occasionally or sporadically and not on an occupational basis

Employment of Children as Employment of Children as KasambahayKasambahay

Employable age:

Fifteen (15) years old and above

Conditions:

Hours of work - 8 hours per day 40 hours per week

No work 10 pm - 6 am

No hazardous work

Access to education and training

Hiring of KasambahayHiring of Kasambahay

Direct Hiring

Private employment agencies (PEA)

Cost of HiringCost of Hiring

Employer pays the cost of hiring, whether hired thru PEA

Kasambahay shall NOT be charged of any recruitment or finder’s fees

Employer pays for deployment expenses

exception: employer may recover the deployment costs when kasambahay leaves w/o justifiable reason w/n 6 mos.

Pre-employment Pre-employment requirementsrequirements

Medical or health certificate issued by a local government health officer

Barangay and police clearance

NBI clearance

Authenticated birth certificate, voter’s identification card, baptismal record, or passport showing the kasambahay’s age.

NOTE: The cost shall be paid by the prospective employer or PEA

Employment contract Employment contract

Requirement of employment contract written in language understood by employer and kasambahay

If Kasambahay is below 18 yrs. old, contract shall be signed by parent or guardian

Upon request, Punong Barangay shall read and explain contents of contract

Contents of Employment Contents of Employment ContractContract

Duties and responsibilities Period of employment Compensation Authorized deductions Hours of work Rest days and allowable leaves Board, lodging and medical

attention Agreements on deployment

expenses Loan agreement Termination of employment Any other lawful condition

Mandatory benefits Mandatory benefits

Monthly minimum wage

Daily rest period of 8 hours

Weekly rest period

5 days annual SIL with pay

13th month pay

SSS, PhilHealth and Pag-IBIG benefits

Monthly minimum wage Monthly minimum wage

National Capital Region - P2,500.00

Cities and 1st class - P2,000.00 municipalities

Other municipalities - P1,500.00

SSS, PhilHealth, and Pag-IBIG SSS, PhilHealth, and Pag-IBIG coveragecoverage

After one (1) month from employment

Payment of premium contributions

If monthly wage is less than P5,000.00, employer will pay.

  If monthly wage is P5,000.00 or

more, kasambahay will pay his/her share in the premium contributions.

Payment of WagesPayment of Wages

In cash, at least once a month

No payment by promissory note, voucher, coupon, token, ticket, chit

Provide Kasambahay with PAYSLIP every pay day containing the amount paid and all deductions made, if any

Other rights and privileges Other rights and privileges

Standard of Treatment

Board, lodging, and medical attendance

Right to Privacy

Access to communication facilities

Access to education and training

Other rights and privileges Other rights and privileges

Right to be provided a copy of the employment contract

Right to Certificate of Employment

Freedom from employer’s interference on wage disposal

Right to form, join or assist labor organization

Right to terminate employment

Right to exercise own beliefs and cultural practices

Provisions protecting Provisions protecting employers employers

Require pre-employment documents prior to employment

Recover deployment expenses Forfeit the 15-day unpaid salary should

Kasambahay leave without any justifiable reason

Terminate the employment on justifiable grounds.

Demand replacement Prohibit Kasambahay from publicly

disclosing information of the employer

Causes for termination by Causes for termination by KasambahayKasambahay

Verbal or emotional abuse Inhuman treatment including physical

abuse Commission of crime or offense Violation of the terms and conditions of

contract and other standards Any disease prejudicial to the health of

Kasambahay, employer, or member/s of the household

Other analogous causes

Causes for termination by Causes for termination by EmployerEmployer

Misconduct or willful disobedience of lawful order in connection with the work

Gross or habitual neglect or inefficiency in performance of duties

Fraud or willful breach of trust Commission of a crime or offense against the

employer or member of the family Violation of the terms and conditions of

employment contract and other standards Any disease prejudicial to the health of

Kasambahay, employer, or member/s of the household

Other analogous causes

Entitlements of Entitlements of kasambahaykasambahay unjustly unjustly dismissed by the employerdismissed by the employer

 

a.Outright payment of earned wage

b.Indemnity benefit in the form of wage equivalent to 15 days work

Liabilities of Liabilities of kasambahaykasambahay who leaves who leaves the employer without justifiable the employer without justifiable reasonreason

a. Forfeiture of wage equivalent to 15 days work

b. Reimbursement of deployment expenses, if the employment contract is terminated within six (6) months from employment

Registration System for Registration System for KasambahayKasambahay

Duty of employer to register the Kasambahay in the Barangay where his/her residence is located

Punong Barangay is responsible for the Registry of Kasambahay

Disclosure of information shall be subject to RA 10173 (Data Privacy Act of 2012)

Mechanism for settlement of Mechanism for settlement of disputesdisputes

All labor-related disputes shall be filed at DOLE Regional Office

DOLE – RO shall exhaust all conciliation and mediation efforts before decision is rendered

Unlawful acts Unlawful acts

a. Employment of children below 15 years old

b. Requiring deposits for loss or damage

c. Placing the kasambahay under debt bondage

d. Interference in disposal of wages

e. Withholding of wages

f. Charging another household for temporarily performed tasks

Penalties for unlawful acts Penalties for unlawful acts

punishable with administrative fine from P10,000 to P40,000 to be imposed by the DOLE Regional Offices.

Other remedies for unlawful Other remedies for unlawful acts acts

The aggrieved party may file the appropriate civil or criminal action before the regular courts.

For more information…For more information…

visit the dole website:

www.dole.gov.ph