[REPUBLIC
ACT NO. 10361]
AN ACT INSTITUTING POLICIES FOR THE
PROTECTION
AND WELFARE OF DOMESTIC WORKERS
AND WELFARE OF DOMESTIC WORKERS
FREQUENTLY ASKED QUESTIONS:
1.
What is Republic Act No. 10361? Republic Act No. 10361 is an Act Instituting
Policies for the Protection and Welfare of Domestic Workers, otherwise known as
‘Domestic Workers Act’ or ‘Batas Kasambahay.’
2.
When did the law become enforceable? The law became enforceable on 04 June 2013
or fifteen (15) days after the publication of its Implementing Rules and
Regulations (IRR) on 19 May 2013 in The Philippine Star and the Manila Times.
3.
What is the significance of the passage of the law? The law is a landmark piece
of labor and social legislation that recognizes for the first time domestic
workers as similar to those in the formal sector. It strengthens respect,
protection, and promotion of the rights and welfare of domestic workers or
kasambahay.
4.
What are the specific acts declared “unlawful” under the law?
a.
Employment
of children below 15 years of age;
b. Withholding of the kasambahay’s
wages;
c. Interference in the disposal of the
kasambahay’s wages;
d. Requiring kasambahay to make
deposits for loss or damage;
e. Placing the kasambahay under debt
bondage; and
f. Charging another household for
temporarily performed tasks.
5.
What are the penalties for the commission of unlawful acts under the law?
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6. Who
are the kasambahay covered by the law? All kasambahay engaged in domestic work,
whether on a live-in or live-out arrangement, such as, but not limited to, the
following: Although, the Private Employment Agency (PEA) is allowed to collect
Service Fee from the employer, in no case shall it charge Recruitment or Finder’s
Fee from the kasambahay
Who
are not covered? The following are not covered by the Batas Kasambahay: a.
service providers; b. family drivers; c. children under foster family
arrangement; and d. any other person who performs work occasionally or
sporadically and not on an occupational and regular basis.
7. Can
the employer and the kasambahay terminate the contract anytime? Yes, provided
that the kasambahay and the employer mutually agree upon written notice.
(An
employer can hire directly or through private employment agencies (PEA)
registered with the DOLE regional offices. Employers are assured of quality
services through DOLE-TESDA training, assessment, and certification of
kasambahay)
What
is the employable age for a kasambahay? Fifteen (15) years old and above.
The conditions
for the employment of children fifteen (15) but below eighteen (18) years of
age : a. They shall not be allowed to work for more than eight (8) hours a day,
and in no case beyond forty (40) hours a week; b. They shall not be allowed to
work between ten o’clock in the evening and six o’clock in the morning of the
following day; c. They shall not be allowed to do hazardous work; and d. They
shall not be denied access to education and training.
8.
If the duration of the domestic service is not determined in the contract, can
a kasambahay or the employer terminate the contract anytime? Yes. Either the
employer or the kasambahay may give notice to end the working relationship five
(5) days before the intended date of the termination of service.
9. What
are the entitlements of a kasambahay unjustly dismissed by the employer?
a.
Outright payment of earned wage; and b. Indemnity benefit in the form of wage
equivalent to fifteen (15) days work. 55. What are the liabilities of a
kasambahay who leaves his/her employer without justifiable reason? a.
Forfeiture of wage equivalent to fifteen (15) days work; and b. Reimbursement
of the deployment expenses, if the employment contract is terminated within six
(6) months from employment.
10. Can
the employer inspect the belongings of the kasambahay before he/she leaves the
household in case of termination of employment? No. However, the employer and
the kasambahay can agree in their employment contract that an inspection can be
made before he/she leaves the household.
11.
If there is non-payment or underpayment of wage and other labor-related
concerns, where can the kasambahay seek assistance?
The
kasambahay can go to a Kasambahay Desk Officer situated in their respective
barangays or the nearest DOLE field/provincial/regional office. 58. If a
kasambahay is hired thru a Private Employment Agency (PEA), can it charge
Service Fee from the employer as well as Recruitment or Finder’s Fee from the
kasambahay?
12.
Does the law afford remedy for abused or exploited kasambahay?
The
law mandates the conduct of immediate rescue of abused or exploited kasambahay
by the municipal or city social welfare officer or a social welfare officer
from DSWD, in coordination with the concerned barangay officials. The law sets
out that crimes or offenses committed under the Penal Code and other criminal
laws shall be filed with the regular courts.
13. Can
the employer demand from a PEA the replacement of a kasambahay? Yes. Within one
month from the day the kasambahay reported for work, the employer may demand a
replacement based on the following cases: a. The kasambahay is found to be
suffering from an incurable or contagious disease, or mental illness as
certified by a competent or government physician; b. The kasambahay abandons
the job without justifiable cause, voluntarily resigns, commits theft or any
other analogous acts prejudicial to the employer or his/her family; or c. The
kasambahay is physically or mentally incapable of discharging the minimum
requirements of the job, as specified in the employment contract.
14. What
are the declared responsibilities of the Private Employment Agency under the
law? a. Ensure that the kasambahay is qualified as required by the employer; b.
Secure the best terms and conditions of employment for the kasambahay; c.
Ensure that the employment agreement between the kasambahay and the employer
stipulates the terms and conditions of employment and all the benefits in
accordance with the IRR; d. Provide a pre-employment orientation briefing to
the kasambahay and the employer about their rights and responsibilities in
accordance with this IRR; e. Ensure that the kasambahay is not changed or
required to pay any recruitment or placement fees; f. Keep copies of employment
contracts and agreements pertaining to recruited kasambahay which shall be made
available during inspections or whenever required by the DOLE or local
government officials; g. Assist the kasambahay in filing his/her complaints or
grievances against the employers; h. Cooperate with government agencies in
rescue operations involving abused or exploited kasambahay.
15. Can
the kasambahay terminate the contract at any time?
Yes,
on the following grounds: a. Verbal or emotional abuse of the kasambahay by the
employer or any member of the household; b. Inhuman treatment including
physical abuse of the kasambahay by the employer or any member of the
household; c. Commission of a crime or offense against the kasambahay by the
employer or any member of the household; d. Violation by the employer of the
terms and conditions of the employment contract and other standards set forth
under the law; e. Any disease prejudicial to the health of the kasambahay, the
employer, or member/s of the household; and f. Other causes analogous to the
foregoing.
16.
Can the employer also terminate the contract at any time? Yes, on the following
grounds: a. Misconduct or willful disobedience by the kasambahay of the lawful
order of the employer in connection with the former’s work; b. Gross or
habitual neglect or inefficiency by the kasambahay in the performance of
duties; c. Fraud or willful breach of the trust reposed by the employer on the
kasambahay; d. Commission of a crime or offense by the kasambahay against the
person of the employer or any immediate member of the employer’s family; e.
Violation by the kasambahay of the terms and conditions of the employment
contract and other standards set forth under the law; f. Any disease
prejudicial to the health of the kasambahay, the employer, or member/s of the
household; and g. Other causes analogous to the foregoing.
17. Is
a contract necessary before entering into an employment for domestic work?
Yes.
The employer and the kasambahay shall enter into a contract of employment
written in a language or dialect understood by them. It is not necessary to be
notarized, The Punong Barangay or his/her designated officer may attest to the
contract and serve as witness to its execution.
Contents
of Contract: a. Duties and responsibilities of the kasambahay; b. Period of
employment; c. Compensation; d. Authorized deductions; e. Hours of work and
proportionate additional payment; f. Rest days and allowable leaves; g. Board,
lodging and medical attention; h. Agreements on deployment expenses, if any; i.
Loan agreement; j. Termination of employment; and k. Any other lawful condition
agreed upon by both parties.
18.
When will a kasambahay be covered by SSS, PhilHealth, and Pag-IBIG? After one
(1) month of service. Membership under the SSS, PhilHealth, and Pag-IBIG is
mandatory and nonnegotiable.
19.
Does the law have provisions protecting employers of kasambahay?
Yes. They include: a. Prohibition against
privileged information; b. Employer may require certain pre-employment
documents prior to employment.
20. Is the employer required to register the
kasambahay? If yes, where? Yes. The employer is required to register the
kasambahay in the Registry of Domestic Workers in the barangay where the
employer resides. For this purpose, the DILG, in coordination with the DOLE,
shall formulate a registration system. The registration system of the
kasambahay free of charge.
21. What
are the mandatory benefits of the kasambahay?
a.
Monthly minimum wage; b. Daily rest period of 8 (total) hours; c. Weekly rest
period of 24 (uninterrupted) hours d. 5 days annual service incentive leave
with pay; e. 13th month pay; f. SSS benefit; g. PhilHealth benefit; and h.
Pag-IBIG benefit; No. The eight-hour rest period must be observed.
22.
Is the kasambahay entitled to a weekly rest period? Yes. He/she is entitled to
at least 24 consecutive hours of rest in a week.
23.
Can the employer shorten the 24-hour rest day period of the kasambahay? No.
However, the kasambahay and the employer may agree to shorten the rest day,
provided the employer pays for the hours worked during the shortened rest day. The
employer and the kasambahay determine the schedule of the weekly rest period. The
employer shall respect the preferred weekly rest day of the kasambahay on
religious grounds.
24.
What other agreements may the employer and the kasambahay enter into relative
to the kasambahay’s weekly rest day and SIL? a. Offsetting a day of absence
with a particular rest day; b. Waiving a particular rest day in return for an
equivalent daily rate of pay; c. Accumulating rest days not exceeding five (5)
days; d. Adding the accumulated rest days (maximum of 5 days) to the five-day
SIL; and e. Waiving a particular SIL in return for an equivalent daily rate of
pay.
25.
What are the other rights and privileges of the kasambahay?
a.
Freedom from employer’s interference in wage disposal; b. Standard of
treatment; c. Board, lodging, and medical attendance; d. Right to privacy; e.
Access to outside communication; f. Access to education and training; g. Right
to be provided a copy of the employment contract; h. Right to Certificate of
Employment; i. Right to form, join, or assist labor organization; j. Right to
terminate employment based on just cause; and k. Right to exercise religious
beliefs and cultural practices. He/she is entitled to a total daily rest period
of at least 8 hours.
26.
What are the basic necessities of the kasambahay?
a. At least three (3) adequate meals a
day, taking into consideration the kasambahay’s religious beliefs and cultural
practices;
b. Humane sleeping condition; and
c. Appropriate rest and basic medical
assistance.
27.
What is the extent of the basic medical assistance which the employer should
provide to his/her kasambahay? First-aid medicines (e.g. paracetamol, mefenamic
acid, antiseptic, etc.) in case of illnesses and injuries sustained during
service. SSS, ECC and PhilHealth have programs that can address the medical
expenses of the kasambahay.
28.
How much is the monthly minimum wage of a kasambahay?
For
those employed in:
1.
National Capital Region - P2,500.00
2.
Cities and 1st class municipalities - P2,000.
3.
Other municipalities - P1,500.00
29.
In what form and when will the wage of a kasambahay be paid? In cash, at least
once a month. Can the employer pay the kasambahay in any form other than cash?
No. Payment of wages by means of promissory note, voucher, coupon, token,
ticket, chit, or anything other than the cash wage is prohibited.
30.
Is the employer obliged to issue pay slip upon payment of the salary of the
kasambahay? Yes. The employer shall at all times provide the kasambahay with a
copy of the pay slip every pay day containing the amount paid and all
deductions made, if any.
33.
How long should the employer keep copies of the pay slips? Three (3) years from
issuance.
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