Republic of the PhilippinesDepartment of Labor and Employment

BUREAU OF WORKING CONDITIONS

BATAS KASAMBAHAY Republic Act No. 10361

TIMELINE

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

COVERAGE General househelp Yaya Cook Gardener Laundry person Person who regularly

performs domestic work in one household on an occupational basis

NOT 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 CHILDRENas KASAMBAHAY

EMPLOYABLE AGE: 15 years old and above

CONDITIONS:Hours of work - 8 hours per

day 40 hours per week

No work from 10 P.M. - 6 A.M.No hazardous workAccess to education and

training

HIRING OF KASAMBAHAY

Direct Hiring

Private employment agencies (PEA)

COST OF HIRING Employer pays the cost of

hiring, whether hired thru PEA or thru direct hiring

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 without justifiable reason within 6 months

PRE-EMPLOYMENT REQUIREMENTS

Medical or health certificate issued by a local government health officer

Barangay and police clearance NBI clearance Authenticated Birth Certificate,

Voter’s ID, Baptismal Record, or Passport showing the kasambahay’s age

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

REPLACEMENT of KASAMBAHAY by PEA The employer can demand a replacement

if the kasambahay:

1. is found to be suffering from an incurable or contagious disease, or mental illness

2. abandons the job without justifiable cause, voluntarily resigns, commits theft, or any other analogous acts

3. is physically or mentally incapable of discharging the minimum requirements of the job

NOTEs: (1) Within one month from the day the kasambahay reported for work; (2) Employer is entitled to 75% of the fees paid to PEA if no replacement after 1 month from request

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 theEMPLOYMENT CONTRACT 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

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

National Capital Region - P 2, 500.00

Cities and 1st class - P 2, 000.00 municipalities

Other municipalities - P 1, 500.00

SSS, PHILHEALTH, andPAG-IBIG COVERAGE

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 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

ASSIGNMENT TO NON-HOUSEHOLD WORK

The employer shall NOT assign the kasambahay to work, whether in full or part-time, in a commercial, industrial, or agricultural enterprise

If assigned to non-household work, the kasambahay is entitled to the applicable wage rate for agricultural or non-agri workers

EXTENT OF DUTY OUTSIDE THE HOUSEHOLD The Kasambahay may temporarily perform a

task for the benefit of another household under the following conditions:

(a) There is an AGREEMENT between the Kasambahay and the employer for the purpose, particularly on the task/s to be performed;

(b) The Kasambahay is entitled to ADDITIONAL PAYMENT of not less than the applicable minimum wage rate;

(c) The original employer shall be responsible for any liability incurred by the Kasambahay on account of such arrangement; and

(d) The original employer is not charging any amount from the other household for the arrangement.

EXTENT OF DUTY OUTSIDE THE HOUSEHOLD

The temporary performance of work shall not exceed 30 days per assignment.

The other household where the kasambahay is temporarily assigned is solidarily liable with the original employer for any non-payment of wages during such temporary assignment.

It shall be unlawful for the original employer to charge any amount from the said household where the service of the Kasambahay was temporarily performed.

OTHER RIGHTS and PRIVILEGES

Standard of Treatment

Board, lodging, and medical attendance

Right to Privacy

Access to communication facilities

Access to education and training

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

OTHER RIGHTS and PRIVILEGES

PROVISIONS PROTECTING 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 from PEA Prohibit Kasambahay from publicly

disclosing information of the employer

CAUSES FOR TERMINATION BY KASAMBAHAY 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

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

CAUSES FOR TERMINATION BY EMPLOYER

ENTITLEMENTS OF KASAMBAHAY UNJUSTLY DISMISSED BY THE EMPLOYER

  Outright payment of earned

wage Indemnity benefit in the

form of wage equivalent to 15 days work

LIABILITIES OF KASAMBAHAY WHO LEAVES THE EMPLOYER WITHOUT JUSTIFIABLE REASON

Forfeiture of wage equivalent to 15 days work

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

LIABILITY OF PRIVATE EMPLOYMENT AGENCIES

JOINTLY and SOLIDARILY liable with the principal employer for any unpaid wage, wage-related benefits, and other benefits due the kasambahay

RESPONSIBILITIES of PEAsa.Ensure that kasambahay is not charged

recruitment or placement fees

b.Ensure that employment agreement stipulates the prescribed terms and conditions of employment

c.Provide pre-employment orientation briefing

d.Keep copies of employment contracts

e.Assist the kasambahay on complaints against employers

f. Cooperate with government in rescue operations involving abused or exploited kasambahay

REGISTRATION SYSTEM for KASAMBAHAY

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. He, together with SSS, Pag-IBIG and PhilHealth representatives, shall conduct a COMMON REGISTRATION of all Kasambahay nationwide.

REGISTRATION SYSTEM for KASAMBAHAY

START-UP REGISTRATION shall be held in a City or Municipal Hall or Plaza, organized by the City or Municipal Mayor immediately after the promulgation of the IRR

The Punong Barangay shall designate a Registration/Kasambahay Desk in the Barangay Hall to accommodate CONTINUOUS REGISTRATION by the employers.

REGISTRATION SYSTEM for KASAMBAHAY

KASAMBAHAY MASTERLIST

The Punong Barangay shall maintain and update the Kasambahay Masterlist. The barangay through the Kasambahay Desks shall submit reports to the LGUs, through the PESOs, on data regarding registration of the Kasambahay.

The PESOs shall submit a monthly report to the DILG for monitoring and data analysis. The report shall be made available to the DOLE and other concerned government agencies.

REGISTRATION SYSTEM for KASAMBAHAY

DISCLOSURE OF INFORMATION

The processing of personal information shall be allowed, subject to compliance with the requirements of Republic Act No. 10173 (Data Privacy Act of 2012) and other laws allowing disclosure of information to the public and adherence to the principles of transparency, legitimate purpose and proportionality.

ROLE of the PESO REGISTRATION

The barangay shall submit reports to the LGUs, through the PESOs. The PESOs shall submit a monthly report to the DILG which shall be made available to the DOLE

ADVOCACYCopies of the Standard Employment Contract shall be made available to the public for free through the LGUs, specifically through the barangay and the PESOs

ROLE of the PESO REPORTING OF ABUSE

Any act of abuse committed against a kasambahay may be reported to any officer of the PESO, aside from any barangay official, DSWD social worker, and police officer.

EMPLOYMENT FACILITATION

RESCUE and REHABILITATION of ABUSED KASAMBAHAY Rescue by municipal/city social

welfare officer in coordination with barangay officials and law enforcement personnel

Rehabilitation services by LSWDOs:

Temporary shelter Counselling Free legal services Medical or psychological services Livelihood and skills training

MECHANISM forSETTLEMENT of DISPUTES

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 Employment of children below

15 years old Requiring deposits for loss or

damage Placing the kasambahay under

debt bondage Interference in disposal of

wages Withholding of wages Charging another household for

temporarily performed tasks

PENALTIES forUNLAWFUL ACTS

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

OTHER REMEDIES for UNLAWFUL ACTS

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

FOR MORE INFORMATION…

visit the dole website:

www.dole.gov.ph