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BATAS KASAMBAHAY Republic Act No. 10361

Republic of the Philippines Department 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

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BATAS KASAMBAHAY Republic Act No. 10361

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  1. Republic of the Philippines Department of Labor and EmploymentBUREAU OF WORKING CONDITIONS BATAS KASAMBAHAY Republic Act No. 10361

  2. 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

  3. COVERAGE • General househelp • Yaya • Cook • Gardener • Laundry person • Person who regularly performs domestic work in one household on an occupational basis

  4. NOT COVERED • Service providers • Family drivers • Children under foster family arrangement • Person who performs work occasionally or sporadically and not on an occupational basis

  5. 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 work • Access to education and training

  6. HIRING OF KASAMBAHAY • Direct Hiring • Private employment agencies (PEA)

  7. 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

  8. 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

  9. REPLACEMENT of KASAMBAHAY by PEA • The employer can demand a replacement if the kasambahay: • is found to be suffering from an incurable or contagious disease, or mental illness • abandons the job without justifiable cause, voluntarily resigns, commits theft, or any other analogous acts • 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

  10. EMPLOYMENT CONTRACT • Written in language understood by employer and kasambahay • If kasambahayis below 18 yrs. old, contract shall be signed by parent or guardian • Upon request, PunongBarangay shall read and explain contents of contract

  11. 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

  12. 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

  13. 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

  14. 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.

  15. PAYMENT OF WAGES • In CASH, at least once a month • No payment by promissory note, voucher, coupon, token, ticket, chit • Provide Kasambahay with PAYSLIPevery pay day containing the amount paid and all deductions made, if any

  16. 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

  17. EXTENT OF DUTY OUTSIDE THE HOUSEHOLD • TheKasambahaymay 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.

  18. 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.

  19. OTHER RIGHTS and PRIVILEGES • Standard of Treatment • Board, lodging, and medical attendance • Right to Privacy • Access to communication facilities • Access to education and training

  20. OTHER RIGHTS and PRIVILEGES • 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

  21. 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

  22. 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

  23. CAUSES FOR TERMINATION BY EMPLOYER • 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

  24. ENTITLEMENTS OF KASAMBAHAYUNJUSTLY DISMISSED BY THE EMPLOYER • Outright payment of earned wage • Indemnity benefit in the form of wage equivalent to 15 days work

  25. LIABILITIES OF KASAMBAHAYWHO 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

  26. 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

  27. RESPONSIBILITIES of PEAs Ensure that kasambahay is not charged recruitment or placement fees Ensure that employment agreement stipulates the prescribed terms and conditions of employment Provide pre-employment orientation briefing Keep copies of employment contracts Assist the kasambahay on complaints against employers Cooperate with government in rescue operations involving abused or exploited kasambahay

  28. REGISTRATION SYSTEM for KASAMBAHAY • Duty of EMPLOYER to register the Kasambahay in the barangaywhere his/her residence is located • PUNONG BARANGAYis responsible for the Registry of Kasambahay. He, together with SSS, Pag-IBIG and PhilHealth representatives, shall conduct a COMMON REGISTRATION of all Kasambahay nationwide.

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

  30. REGISTRATION SYSTEM for KASAMBAHAY • KASAMBAHAY MASTERLIST • The PunongBarangay shall maintain and update the KasambahayMasterlist. 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.

  31. 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.

  32. 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 • ADVOCACY • Copies of the Standard Employment Contract shall be made available to the public for free through the LGUs, specifically through the barangay and the PESOs

  33. 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

  34. 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

  35. 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

  36. 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

  37. PENALTIES forUNLAWFUL ACTS • punishable with administrative fine from P10,000 to P40,000 to be imposed by the DOLE Regional Offices

  38. OTHER REMEDIES for UNLAWFUL ACTS • The aggrieved party may file the appropriate civil or criminal action before the regular courts.

  39. FOR MORE INFORMATION… visit the dole website: www.dole.gov.ph

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