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BATAS KASAMBAHAY Republic Act No. 10361

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 Publication: 19 May 2013

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BATAS KASAMBAHAY Republic Act No. 10361

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  1. Department of Labor and Employment Bureau 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 Children as Kasambahay • Employable age: • Fifteen (15) years old and above • 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

  6. Hiring of Kasambahay • Direct Hiring • Private employment agencies (PEA)

  7. Cost of Hiring • Employer pays the cost of hiring, whether hired thru PEA • 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 w/o justifiable reason w/n 6 mos.

  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 identification card, baptismal record, or passport showing the kasambahay’s age. • NOTE: The cost shall be paid by the prospective employer or PEA

  9. Employment contract • Requirement of 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

  10. Contents of Employment 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

  11. 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

  12. Monthly minimum wage • National Capital Region - P2,500.00 • Cities and 1st class - P2,000.00 municipalities • Other municipalities - P1,500.00

  13. SSS, PhilHealth, and Pag-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.

  14. 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

  15. Other rights and privileges • Standard of Treatment • Board, lodging, and medical attendance • Right to Privacy • Access to communication facilities • Access to education and training

  16. Other rights and privileges • Right to be provided a 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

  17. 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 • Prohibit Kasambahay from publicly disclosing information of the employer

  18. 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

  19. 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

  20. 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

  21. 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

  22. 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 • Disclosure of information shall be subject to RA 10173 (Data Privacy Act of 2012)

  23. Mechanism for settlement 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

  24. 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

  25. Penalties for unlawful acts  punishable with administrative fine from P10,000 to P40,000 to be imposed by the DOLE Regional Offices.

  26. Other remedies for unlawful acts The aggrieved party may file the appropriate civil or criminal action before the regular courts.

  27. For more information… visit the dole website: www.dole.gov.ph

  28. THANK YOU !

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