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COMPLIANCE ISSUES

COMPLIANCE ISSUES. Understanding the New Domestic Workers Act or Batas Kasambahay. Catherine Franco, Associate. BCCP 25 June 2013. Effective date. R.A . No. 10361 took effect on 9 February 2013. Transitory provision; non-diminution of benefits.

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COMPLIANCE ISSUES

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  1. COMPLIANCE ISSUES Understanding the New Domestic Workers Act or Batas Kasambahay Catherine Franco, Associate BCCP 25 June 2013

  2. Effective date R.A. No. 10361 took effect on 9 February 2013

  3. Transitory provision; non-diminution of benefits All existing arrangements shall be adjusted to conform to the minimum standards set by R.A. No. 10361 within 60 days after effectivity of the law. The law prohibits diminution or substitution of benefits and privileges already being enjoyed by domestic workers.

  4. Who are covered Domestic worker or “kasambahay” Any person engaged in domestic work within an employment relationship such as, but not limited to: general househelp, • nursemaid / nanny or “yaya”, • cook, • gardener, or • laundry person.

  5. Who are not covered? any person who performs domestic work only occasionally or sporadically and not on an occupational basis (e.g., a student doing baby-sitting job on weekends) children who are under foster family arrangement and are provided access to education and given an allowance incidental to education, i.e., “baon” for transportation, school projects and school activities service providers family drivers

  6. Prohibited acts It shall be unlawful for the employer:  • to require a domestic worker to make deposits from which deductions shall be made for the reimbursement of loss or damage to tools, materials, furniture and equipment in the household. • to employ any person below 15 years of age as a domestic worker. • to interfere with the freedom of any domestic worker to dispose of the latter’s wages.

  7. Prohibited acts (continued) • to withhold the wages of the domestic worker. • to charge any amount from the other household where the domestic worker was temporarily assigned to work. • to place the domestic worker under "debt bondage". “Debt bondage” means rendering of service by the domestic worker as security or payment for a debt where the length and nature of service is not clearly defined or when the value of the service is not reasonably applied in the payment of the debt.

  8. Penalty • Commission of acts declared unlawful is punishable with fine of not less than PhP10,000 but not more than PhP40,000

  9. Settlement of disputes Labor-related disputes shall be elevated to the regional office of the Department of Labor and Employment (“DOLE”) having jurisdiction over the workplace. The DOLE shall exhaust all conciliation and mediation efforts. If unsettled, case will be referred for mandatory conference. The DOLE Regional Director shall issue a Compliance Order.

  10. Settlement of disputes (continued) Aggrieved party may file a motion for reconsideration of the Compliance Order within 10 days from receipt. The resolution on the motion for consideration may be appealed to the DOLE Secretary within 10 days from receipt. The Order of the DOLE Secretary shall be final and executory.

  11. Rights of domestic workers • Privacy: Respect for the privacy of the domestic worker shall be guaranteed at all times and shall extend to all forms of communication and personal effects. • Education and training: Employer shall adjust the work schedule of domestic worker to allow access to education and training without hampering the services required by the employer.

  12. Employment Practice Group Profile • Quisumbing Torres (“QT”), member firm of Baker & McKenzie International, is one of the consistently top-ranked law firms in the Philippines to this day. Our lawyers are among the country’s prominent legal counsels in the areas of Banking & Finance, Corporate & Commercial, Dispute Resolution, Employment, Intellectual Property & Information Technology, and Tax. Fluent in the nuances of the country's legal, social and political systems, our lawyers have helped draft laws resulting in meaningful changes in the Philippine labor and tax codes, regulations covering the mining, media and communications, and oil and gas industries, rules on clean air and hazardous waste management, and IP law enforcement. • We present our Employment Practice Group in detail below. • Employment Practice Group • Foreign and domestic employers are primarily concerned with responsible practices in their Philippine businesses. Toward this end, QT assists clients on various employment matters ranging from local contracts, benefits, and pensions to global equity services. • Specifically, we help clients with • General employment law advice • Employment contract review and development • Workmen’s compensation • Employee benefits • Executive compensation and transfer • Collective employee terminations • Collective bargaining agreements • Discrimination and sexual harassment laws • Trade union recognition procedures • Executive terminations • Employment litigation

  13. Employment Practice Group Profile

  14. Thank you!

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