Department of Labor and Employment

Bureau of Working Conditions

BATAS KASAMBAHAY BATAS KASAMBAHAY BATAS KASAMBAHAY BATAS KASAMBAHAY
Republic Act No. 10361 Republic Act No. 10361
Timeline Timeline
Republic Act 10361
Signing: 18 January 2013
P bli ti 25 J 2013 Publication: 25 January 2013
Effectivity: 10 February 2013
Implementing Rules and Regulations (IRR)
Signing: 09 May 2013 Signing: 09 May 2013
Publication: 19 May 2013
Coverage Coverage gg
General househelpp
Yaya
Cook Cook
Gardener
Laundry person
Person who regularly performs domestic
work in one household on an occupational
basis
Not covered Not covered
Service providers Service providers
Family drivers
Children under foster family arrangement
Person who performs work occasionally or e so o pe o s o occas o a y o
sporadically and not on an occupational
basis bas s
Employment of Children as Employment of Children as Kasambahay Kasambahay
Employable age:
Fifteen (15) years old and above
C diti 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 Access to education and training
Hiring of Hiring of Kasambahay Kasambahay
Direct Hiring Direct Hiring
Private employment agencies (PEA)
Cost of Hiring Cost of Hiring
Employer pays the cost of hiring, whether
hired thru PEA
Kasambahay shall NOT be charged of any g
recruitment or finders fees
Employer pays for deployment expenses p y p y p y p
exception: employer may recover the
deployment costs when kasambahay p y y
leaves w/ o justifiable reason w/ n 6 mos.
Pre Pre--employment requirements employment requirements
Medical or health certificate issued by a
ffi local government health officer
Barangay and police clearance
NBI clearance
Authenticated birth certificate, voters
identification card, baptismal record, or
passport showing the kasambahays age.
NOTE: The cost shall be paid by the prospective
employer or PEA
Employment contract Employment contract
Requirement of employment contract q p y
written in language understood by
employer and kasambahay
If Kasambahay is below 18 yrs. old, contract
shall be signed by parent or guardian g y p g
Upon request, Punong Barangay shall read
and explain contents of contract and explain contents of contract
Contents of Employment Contract Contents of Employment Contract
Duties and responsibilities
P i d f l t Period of employment
Compensation
Authorized deductions Authorized deductions
Hours of work
Rest days and allowable leaves es days a d a o ab e ea es
Board, lodging and medical attention
Agreements on deployment expenses
Loan agreement
Termination of employment
A th l f l diti Any other lawful condition
Mandatory benefits Mandatory benefits
Monthly minimum wage Monthly minimum wage
Daily rest period of 8 hours
Weekly rest period
5 days annual SIL with pay 5 days annual SIL with pay
13
th
month pay
SSS, PhilHealth and Pag-IBIG benefits
Monthly minimum wage Monthly minimum wage
National Capital Region - P2 500 00 National Capital Region P2,500.00
Cities and 1st class - P2,000.00
municipalities
Other municipalities - P1,500.00 Other municipalities P1,500.00
SSS, SSS, PhilHealth PhilHealth, and , and Pag Pag--IBIG coverage IBIG coverage
After one (1) month from employment
Payment of premium contributions
If thl i l th P5 000 00 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 kasambahay will pay his/her share in
the premium contributions.
Payment of Wages Payment of Wages
In cash, at least once a month
No payment by promissory note, voucher,
coupon token ticket chit 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 Standard of Treatment
Board, lodging, and medical attendance
Right to Privacy
A t i ti f iliti Access to communication facilities
Access to education and training ccess o educa o a d a g
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 employers interference on
wage disposal
Right to form, join or assist labor organization
Right to terminate employment Right to terminate employment
Right to exercise own beliefs and cultural
practices p ac ces
Provisions protecting employers Provisions protecting employers
Require pre-employment documents prior
to employment
Recover deployment expenses
Forfeiture of 15-day unpaid salary should
Kasambahay leave without any justifiable
reason reason
Terminate the employment on justifiable
grounds. grounds.
Demand replacement
Prohibition against privileged information Prohibition against privileged information
Causes for termination by Causes for termination by Kasambahay 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 y, p y , /
household
Other analogous causes g
Causes for termination by Employer Causes for termination by Employer
Misconduct or willful disobedience of lawful order in
connection with the work 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 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 Other analogous causes
Entitlements of Entitlements of kasambahay kasambahay unjustly unjustly
dismissed by the employer dismissed by the employer dismissed by the employer dismissed by the employer
a Outright payment of earned wage a. Outright payment of earned wage
b. Indemnity benefit in the form of wage
equivalent to 15 days work
Liabilities of Liabilities of kasambahay kasambahay who leaves the who leaves the
employer without justifiable reason employer without justifiable reason employer without justifiable reason employer without justifiable reason
a Forfeiture of wage equivalent to 15 days a. Forfeiture of wage equivalent to 15 days
work
b. To reimburse the deployment expenses, if
the employment contract is terminated
within six (6) months from employment
Liability of Private Employment Agencies Liability of Private Employment Agencies
jointly and solidarily liable with the jointly and solidarily liable with the
principal employer for any unpaid
l t d b fit d wage, wage-related benefits, and
other benefits due the kasambahay
Responsibilities of PEAs Responsibilities of PEAs
a. Ensure that kasambahay is not charged
it t l t f recruitment or placement fees
b. Ensure that employment agreement stipulates the
prescribed terms and conditions of employment prescribed terms and conditions of employment
c. Provide pre-employment orientation briefing
d. Keep copies of employment contracts d. eep cop es o e p oy e co ac s
e. Assist the kasambahay on complaints against
employers
f. Cooperate with government in rescue operations
involving abused or exploited kasambahay.
Registration System for Registration System for Kasambahay 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
Disclosure of information shall be subject to
RA 10173 (Data Privacy Act of 2012) ( y )
Rescue and Rehabilitation of Rescue and Rehabilitation of
Abused Abused Kasambahay Kasambahay Abused Abused Kasambahay Kasambahay
Rescue by municipal or city social welfare officer
i i i i ffi i in coordination with barangay officials and law
enforcement personnel
Rehabilitation services by Local Social Welfare &
Devt Offices (LSWDOs):
Temporary shelter Temporary shelter
Counselling
Free legal services Free legal services
Medical or psychological services
Livelihood and skills training Livelihood and skills training
Mechanism for settlement of disputes Mechanism for settlement of disputes
All labor-related disputes shall be filed at p
DOLE Regional Office
DOLE RO h ll h t ll ili ti DOLE RO shall exhaust all conciliation
and mediation efforts before decision is
d d 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 c. Placing the kasambahay under debt
bondage
d Interference in disposal of wages 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 punishable with administrative fine
from P10,000 to P40,000 to be
i d b th DOLE R i l imposed by the DOLE Regional
Offices.
Other remedies for unlawful acts Other remedies for unlawful acts
The aggrieved party may file the The aggrieved party may file the
appropriate civil or criminal action
b f th l t before the regular courts.
For more information For more information
visit the dole website: visit the dole website:
www.dole.gov.ph