A brief explanation of RA 10361 or better known as "Domestic Workers Act" or "Batas Kasambahay" for the Filipino family!
What is a Domestic Worker or "Kasambahay"?
Any person engaged in domestic work within an employment relationship such as but not limited to general house help, nursemaid or "yaya", cook, gardener, laundry person. Persons performing domestic work occasionally or sporadically, and not on an occupational basis are excluded.
Remember! It is illegal to hire persons under 15 years of age as Kasambahay and persons under 18 years of age are classified as working child.
Necessary Paperwork
Employment Contract shall be executed between Employer and the Kasambahay. This should be written in a language understood by both parties. It should include Kasambahay's duties and responsibilities, period of employment, compensation and authorised deductions, hours of work.
For more info! The Department of Labor and Employment (DOLE) can provide sample contracts for your consideration.
Pre-Employment Requirements may be asked from the Kasambahay. These are the following:
Medical/Health certificate issued by local government health officer
National Bureau of Investigation (NBI) clearance
Barangay and Police clearance
Birth certificate or any document showing the age of the Kasambahay (i.e. passport, voter's ID, baptismal certificate)
These are standard when Kasambahay is hired from Private Employment Agency (PEA).
Take note! Employer or PEA shall shoulder all the fees. Employer shall register Kasambahay in Registry of Domestic Workers in their respective Barangay.
Compensation
Current Monthly Minimum Wage for Domestic Workers in the National Capital Region as of April 2020 is Php 5,000.
For more info! Follow this link for different monthly minimum wage of Domestic Workers in the Philippines as of April 2020 👇👇👇
Payment for compensation shall be given in cash and directly to the Kasambahay. Kasambahays are entitled to 13th Month Pay. Deductions not mandated by law and have not been previously agreed on in writing are prohibited. Pay slips should be provided by employers to indicate amount paid and deduction made, if any.
Rights and Privileges
Employers should provide the following basic necessities for their Kasambahays:
Humane sleeping arrangements
At least 3 adequate meals a day
Appropriate rest and assistance in case of illness or injury
Remember! Kasambahays are entitled to an aggregate rest period of 8 hours a day, and one rest day a week.
Take note! Employers should give the Kasambahay an opportunity to finish basic education, and if possible, access to alternative learning systems and higher education or technical and vocational training.
Benefits
Kasambahays that have served for at least a month shall be covered by Social Security System (SSS), Philippine Health Insurance Corporation (PhilHealth), and Home Development Mutual Fund (Pag-IBIG).
Kasambahays who have completed 1 year of service are entitled to annual incentive leave of 5 days with pay.
Remember! Annual leaves cannot be carried over to succeeding years or converted to cash.
Take note! If Kasambahay receives a monthly salary of less than Php 5,000, the employer shall shoulder the premium payments or contributions.
Termination of Service
The Kasambahay and Employer may agree in writing to pre-terminate the contract. Notice should be given 5 days before intended termination of service. Employer shall issue a certificate of employment that indicates the nature and duration of service and work performance.
Remember! If Kasambahay is unjustly dismissed, the employer must pay salary earned plus an equivalent of 15 days work.
Remember! If Kasambahay leaves without justifiable reason, any unpaid salary due equivalent to 15 days of work shall be forfeited. Employer may also claim deployment expenses if terminations is within 6 months of Kasambahay's employment.
Take note! Kasambahay may terminate employment for the following instances:
Verbal/Emotional abuse by employer or any member of the household
Physical abuse
Crime or offense
Violation of contract by employer
Any disease that may harm the Kasambahay and/or employer and other members of the household
Take note! The Employer may terminate employment of Kasambahay prior to the expiration of the contract for the following circumstances:
Misconduct or willful disobedience
Habitual neglect or inefficiency in carrying out duties
Fraud
Crime or offense against employer or any member of the household, violation of employment contract
Penalties
First offense Php 10,000
Second offense Php 20,000
Third offense Php 30,000
For more info! Follow this link for the full text on RA 10361 👇👇👇
The greatest heroes are those who do their duty in the daily grind of domestic affairs whilst the world whirls as a maddening dreidel. - Florence Nightingale
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