R.A. 10361

AN ACT INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF DOMESTIC WORKERSR.A. 10361and IRRDOMESTIC WORKERS ACT/BATAS KASAMBAHAYConsolidation of Senate Bill No. 78 and House of Representatives Bill No. 6144Passed by the House of Representatives on 26 November 2012Passed by the Senate on 27 November 2012Approved by the President on 18 January 2013Published in the Official Gazette on 18 January 2013Published in Manila Bulettin 25 January 2013IRR signed 9 May 2013

Declaration of PoliciesAffirmation of labor as a primary social force and the task to protect and promote the workforce by abolition of child labor, elimination of discrimination, forced labor, trafficking, among othersAdherence to internationally accepted working conditions in general, and labor standards for domestic workers in particularRecognition of the need to protect domestic workers from abuse, harassment, violence, economic exploitationand hazardous working environmentIn protecting the rights of domestic helpers and recognizing their special needs to ensure safe and healthy working conditions, the State promotes gender sensitive measures in promulgating and implementing policies affecting the local domestic workRecognition of fiduciary relationship between the employer and the kasambahayAffirmation of the right of kasambahay to self-organizationCoverageAll domestic workers employed and working within the country, whether on a live-in or live-out arrangement

Domestic workers (definition) - any person engaged in domestic work within an employment relationship such as, but not limited to:(1) general househelp, (2) nursemaid or yaya, (3) cook, (4) gardener, (5) laundry person, (6) any person who regularly performs household work in one household on a regular basisexcluding: (1) service providers, (2) family drivers, (3) children under foster families, (4) any person who performs domestic work only occasionally or sporadically or not on an occupational basis

Domestic work (definition) - work performed in or for a household or households

CoverageService provider (definition) person or entity that carries an independent business and undertakes to perform job, work or service on his/her own for a household, according to his/her own manner and method, and free from the control and direction of the employer in all matters in connection with the performance of the work except the results

Children under foster family arrangement (definition) children living with a family or household of relative/s and are provided access to education and given an allowance incidental to education; provided, foster care arrangement is in accordance with RA 10165 Foster Care Act of 2012PRE-EMPLOYMENTEmployment can be facilitated through Private Employment Agencies (PEA) or directly undertaken by the employersIf directly by the employers themselves, emloyer can require submission by the domestic worker of:- medical certificate/health certificate issued by the Local Government Health Officer- NBI clearance- barangay and police clearance- duly authenticated birth certificate or other documents showing the age of the worker such as voters identification card, baptismal record or passportSame documents shall be required by PEACosts to be borne by employer/PEANo share recruitment or finders fee shall be charged against the domestic helper by the PEA or any third personCosts of hiring - employerEMPLOYMENT AGENot below 15 years of ageWorking children entitled to minimum wage and all benefitsPer RA 7610: Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act, Working children shall not be subjected to:Work more than 8 hours a day and more than 40 hours a weekWork between 10 oclock PM and 6 oclock AM of the following dayWork that is hazardous/likely to be harmful to health, safety or moralsPRE-EMPLOYMENTEmployment Contract between the employer and the domestic helper, should be (1) written in triplicate (2) in a dialect understood by both parties, (3) duly signed (4) with a copy provided to the domestic helper and Punong Barangay, and (5) contains:- duties and responsibilities of domestic helper- period of employment- compensation- authorized deductions- hours of work/additional payment- rest day/allowable leaves- agreement on deployment expenses- loan agreement- termination-other matters

If below 18 years old, employment contract to be signed by parents or guardian of kasambahay.

Upon request, employment contract can be read and explained by Punong Barangay or his designated officer (witness).

PRE-EMPLOYMENTEmployment contract : DOLE Standard Employment Contract (Kontrata sa Paglilingkod sa Tahanan) Form BK-1

General Rule: deployment expenses borne by employer

Deployment expenses (definition) - directly used for the transfer of the domestic worker from place of origin to the place of work covering the cost of transportation , meals, communication expense and other necessary expenses excluding advances or loans by domestic helper

EMPLOYMENTRight to minimum wageMinimum:P2,500.00 (NCR)P2,000.00 (chartered cities/1st class municipalities)P1,500.00 (other municipalities)payment should be on time directly to the domestic worker at least once a monthEntitlement to thirteenth month pay not less than 1/12 of total basic salary earned separation in a calendar year paid not later than 24 December or upon provided with at least one month of servicePayslip (Form BK-2) should be provided by the employer to the worker at all times, stating the amount paid in cash everyday and all deductions. Employeer shall keep copies of the pay slip for a period of three years.EMPLOYMENTDeductions for loss or damageWith written consentConditions:Kasambahay is clearly shown to be responsibleKasambahay is given reasonable opportunity to show cause why deduction should not be madeTotal amount of deduction is fair and reasonable and does not exceed actual loss/damageDeduction does not exceed 20% of wages every monthEMPLOYMENTno interference in the manner of disposal of wagesno inducement to give up part of wages by employer through stealth, intimidation, threat or any other meansno withholding of wages, except when the domestic worker leaves without justification in which the employer can withhold unpaid salary not exceeding 15 daysno payment in promissory note, vouchers, coupons, tokens, tickets, chits, or any object other than cash wageno deduction on wages, unless with written consent by the domestic helper

EMPLOYMENTRight to Social and Other BenefitsUpon at least one month of service, domestic helper shall be covered by Social Security System, Philhealth, HDMF and Employee Compensation Commission, borne by the employer.Social Security System: 7.07% of gross income; >P5,000.00 additional 3.33% borne by domestic helperPhilhealth: P175.00; >P5,000.00 additional P175.00 by domestic helperPAG-IBIG:

Loans through SSS and HDMF shouldered by kasambahayEMPLOYMENTLoan assistanceNot exceeding six (6) months salaryNot applicable to working childrenDeduction from salary: by written agreement, not exceeding 20% of wages every monthEMPLOYMENTLeave5 days with pay annual leave, provided at least one year of serviceNot cumulativeNot convertibleRight against any form of abuse or harassment that degrades human dignityRevised Penal CodeRA 9262: Violence Against Women and Their ChildrenRa 7610 amended by RA 9231: Special Protection of Children Against Child Abuse, Exploitation and Discrimination ActRA 9208: Anti-Traficking in Persons ActOther applicable laws

EMPLOYMENTRight to basic necessitiesat least three adequate meals a dayLive-in: appropriate and humane sleeping conditionsLive-out: space for rest, access to sanitary facilitiesmedical assistance, including first-aid medicines, etc.Right to rest and assistance during illness without diminution of benefitsRight against withholding of benefits as punishment

EMPLOYMENTRight to privacy at all times on communication and other personal effects; provided not interferring to satisfactory serviceRight to access to outside communication during free period- During emergency, access should be provided even outside free period- Costs of using employers communication facilities to be borne by domestic helper, except if waived by employerRight to be provided opportunity to basic education, and may be allowed access to alternative learning systems, higher education and technical or vocational training, provided services required are not hamperedEMPLOYMENTRight to health and safetyAggregate eight hours daily restWritten agreement between employer and domestic helper:1. rest day (consecutive twenty-four hours of rest per week) giving preference to choice of domestic helper on religious grounds; and2.rules on offsetting of rest days to days of absences, waiving of rest days for equivalent wages, accumulating of rest days to not more than five days, and other analogous arrangements.EMPLOYMENTRight against requiring deposits from which deductions are to be made for future loss or damageRight against debt bondageDebt bondage (definition) - rendering of service by the domestic worker as security or payment for a debt where:1.the length and nature of service is not clearly defined; or 2.the value of the service is not reasonably applied in the payment of the debt.EMPLOYMENTRight against assignment to commercial, industrial and agricultural enterprise, full or part-time, with wages lower than the minimum wage for agricultural or non-agricultural workersEmployer and the domestic worker may mutually agree to temporarily assign the domestic worker outside the household for the benefit of another household, provided:agreement between kasambahay and employer, particulatrly tasks to be performedany liability incurred by the domestic worker due to this arrangement shall be borne by the original employerwork performed outside the household shall entitle the domestic helper to additional pay not less than the minimum wage rate of a domestic helperoriginal employer cannot charge any amount from the household for the temporary service performednot exceed thirty days per assignmentOther household where kasambahay is temporarily assigned shall be solidarily liable with employer for unpaid wages during temporary assignmentEMPLOYMENTProhibition against privileged information-All communication and information pertaining to the employer or members of the household shall be treated as privileged and confidential, and shall not be publicly disclosed by the domestic worker during and after employment.-Inadmissible as evidence, except:1. suit involves employer and any member of household, and2. crime against persons, property, personal liberty and security, and chastity

EMPLOYMENTReportorial Duties of Employer of all domestic workers under his employment to the Registry of Domestic Workers in the barangay where employers residence is located.Punong Barangay: responsible for the RegistryCommon national registration (1) with Punong Barangay, Philhealth, SSS and HDMF to be held in (2) City/Municipal Hall or Plaza to be organized by the City/Municipal MayorDOLE Regional Office: provide one-stop registration facilities during job fairsRegistration/Kasambahay Desk in barangay hall for continuous registrationPunong Barangay shall maintain and update Kasambahay Masterlist to be submitted to LGU through the Public Employment Services Office (PESO). PESO will submit monthly report to DILG which will be made available to DOLE and other government agenciesSubject to requirements of RA 10173: Data Privacy Act of 2012 and other laws regarding disclosure of information to the public and adherence to transparency, legitimate purpose and proportionality

EMPLOYMENTRight to skills training, assessment and certification based on duly promulgated training regulation facilitated by DOLE through TESDAIssuance of National Certificate (NCII) on household servicesCompetencies:Cleaning living room, dining room, bedroom, toilet and kitchenWashing and ironing clothes, linen and fabricPreparing hot and cold meals/foodServing food and beveragesRight to rescue and rehabilitationBy a municipal/city social welfare officer in coordination with barangay officials and law enforcement personnelEMPLOYMENTRight to join and form labor unionsOpportunity to attend meetings during free timeRTIPC shall create a subcommittee to ensure adequate kasambahay representation in social dialoguesRight to be provided a copy of employment contractRight to be provided Certificate of EmploymentRight to terminate employmentRight to exercise own religious beliefs and cultural practicesEMPLOYMENTAbuse (definition) acts or series of acts by employer or any member of his household against the kasambahay which results or is likely to result in physical, sexual, psychological harm or economic abuse, inclusive of threats, battery, assault, coercion, harassment or arbitrary deprivation of liberty.Physical violenceSexual violencePsychological violenceEconomic violenceActs which limits kasambahays exercise of her rights

EMPLOYMENTParties who can report abuse:Offended kasambahayParents/guardianAscendants/descendants/collateral relatives within the fourth degree of consanguinity or affinitySocial workerPolice officer of the Women and Children Protection DeskBarangay officialLawyer/counsellor/therapist/health care provider of offended kasambahayAt least two responsible citizens of the city or municipality with personal knowledge of the offenseEMPLOYMENTPersons to whom reports to be made:Barangay officialSocial workerPolice officer of Women and Children Protection DeskPESO officer

Role of Local Social Welfare Development Offices (LSWDOs) in rehabilitation:Temporary shelterCounselingFree legal servicesMedical or psychological servicesLivelihood and skills trainingAfter-care facilities at least for the next six months for reintegration of kasambahay to societyIf not available in the locality, LSWDO may seek assistance from DSWDEMPLOYERRights:Require submission of pre-employment documentsRecover deployment expensesDemand replacementTerminate employment

Register himself and enroll kasambahay to SSS, Philhealth and HDMFTERMINATIONNeither employer or domestic helper may terminate the contract before expiration period, except of grounds provided in Section 33 and 34 of this Act.Domestic worker unjustly dismissed - compensation already earned plus compensation equivalent to fifteen days of work Domestic worker leaves without justifiable reason forfeiture of any unpaid salary not exceeding 15 daysRecovery from domestic helper deployment expenses, provided service has been terminated within six moths from employment of the domestic helper

Duration of employment specified: mutually agree upon notice to terminate before expirationNo specified duration: notice five days before intended termination

Right to Employment Certificate (Form BK-3)stating (1) nature of work, (2) duration of work, and (3) performance- issuance within 5 days upon request by domestic workerTERMINATIONGrounds for termination initiated by Domestic Worker:verbal or emotional abuse against the domestic helper by employer or any member of his householinhuman treatment or physical abuse against the domestic helper by employer or any member of his householdcommission of a crime or offense against the domestic helper by employer or any member of his householdviolation of the terms of the contract or other standards set forth by this lawdisease prejudicial to the domestic helper, employer or member/s of the householdother analogous casesTERMINATIONGrounds for termination initiated by EmployerMisconduct or willful disobedience by domestic worker to lawful order by employer in relation to workGross or habitual neglect or inefficiency in the performance of dutiesFraud or willful breach of trustCommission of crime or offense against the person of employer or any member of householdViolation of terms of the contract or other standards set by lawDisease prejudicial to health of domestic helper, employer or any member of householdother analogous casesTERMINATIONInvalid grounds:Pregnancy of kasambahayMarriage of kasambahayPRIVATE EMPLOYMENT AGENCYindividual, legitimate partnership, corporation or entity licensed to engage in the recruitment and placement of domestic workers for local employmentSystem of licensing regulated by DOLEJointly and severally liable with employer for:- wages- wage related benefits- other benefitsPRIVATE EMPLOYMENT AGENCYNeed to secure:LicenseAuthority to RecruitAuthority to Establish BranchRegister with the Barangay by presenting license and Authority to RecruitPRIVATE EMPLOYMENT AGENCYNationality- Filipino citizens- Corporations at least 75% Filipino ownedNet worth- Sole proprietorship: at least P3,000,000.00 fully subsribed and paid for- Corporation: at least P3,000.000.00 paid-up capitalNon-transferability of licenseProhibited Practices

PRIVATE EMPLOYMENT AGENCYProhibited practicesTo charge or accept, directly or indirectly, any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor;To furnish or publish any false notice or information or document in relation to recruitment or employment;To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under this Code.To induce or attempt to induce a worker already employed to quit his employment in order to offer him to another unless the transfer is designed to liberate the worker from oppressive terms and conditions of employment;To influence or to attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency;To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines;To obstruct or attempt to obstruct inspection by the Secretary of Labor or by his duly authorized representatives;To fail to file reports on the status of employment, placement vacancies, separation from jobs, departures and such other matters or information as may be required by the Secretary of Labor.To substitute or alter employment contracts approved and verified by the Department of Labor from the time of actual signing thereof by the parties up to and including the periods of expiration of the same without the approval of the Secretary of Labor; andTo withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under this Code and its implementing rules and regulations.PRIVATE EMPLOYMENT AGENCYEnsure that the kasambahay is qualified;Secure the best terms and conditions of employment;Ensure that domestic workers are not charged or levied any recruitment or placement fees;Ensure that the employment agreement stipulates the terms and conditions and all the benefits prescribed by this Act;Provide a pre-employment orientation briefing to the domestic worker and the employer about their rights and responsibilities;Ensure that kasambahay is not required to pay recruitment or placement feesKeep copies of employment contracts and agreements which shall be made available during inspections or whenever required by the DOLE or local government officials;Assist domestic workers with respect to complaints or grievances; Cooperate with government agencies in rescue operations; andAssume joint and solidary liability with employer for payment of wages and wage-related and other benefits.

PRIVATE EMPLOYMENT AGENCYWithin one month from reporting to work, employer is entitled to qualified replacement with no additional cost if: Kasambahay is found suffering from incurable or contagious disease or mental illness, certified by competent or government physician Kasambahay abandons job without justifiable reason, voluntarily resigns, commits theft or other analogous acts prejudicial to employer or his/her family Kasambahay is physically or mentally incapable of providing minimum standards of work per employment contractRefund of 75% of fees paid to PEA, if PEA failed to provide qualified replacement within one month from requestDISPUTESLabor-related: E Field/Provincial/Regional Director with thirty days mandatory conciliation under the DOLE Single Entry Approach for possible settlementFail to reach settlement? Mandatory conference not exceeding 30 days from referral of unsettled dispute conducted by DOLE Field/Provincial/Regional DirectorDOLE DOLRegional Director Compliance Order 10 days from submission of case for resolutionMotion for Reconsideration? Within 10 days from receiptAppeal for denial of MR? Within 10 days from receiptOrder of Secretary of Labor and Employment final and executoryOrdinary crimes/offenses under the Revised Penal Code/special laws: regular courtsUNLAWFUL ACTS AND PENALTIESUnlawful acts:Employment of children below 15 years oldWithholding of wagesInterference on disposal of wagesRequiring deposits for loss or damagePlacing kasambahay under death bondageCharging another household for temporarily performed tasks

UNLAWFUL ACTS AND PENALTIESPenalties (administrative):1st offense-P10,000.002nd offense-P20,000.003rd offense-P30,000.004th and succeeding offense-P40,000.00Violations against working children

Without prejudice to civil or criminal actionEmployer sentenced by Court of Law for offense against working children shall beMeted out with penalty one degree higherProhibited from hiring a working child

OTHER PROVISIONSAraw ng Kasambahay: 18 JanuaryTransitory Period- Existing arrangements shall be adjusted to conform to the minimum standards set by this Act within a period of sixty (60) days after the effectivity- Adjustments pertaining to wages shall take effect immediately after the determination and issuance of the appropriate wage order- No diminution of benefitsRepealing Clause-Chapter III (Employment of Househelpers) of Presidential Decree No. 442THANK YOU