WHAT ARE THE BASIC OBLIGATIONS OF THE EMPLOYER? A. PRE-EMPLOYMENT 1.

Prepare and sign a contract in a language or dialect known to both the employer and kasambahay, and provide copy to the kasambahay. The contract must include: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) 2. B. DURING EMPLOYMENT. Employer shall provide for: 1. Basic needs, which include: (a) at least three adequate meals a day; (b) humane and safe sleeping arrangement; (c) appropriate rest and assistance in case of illnesses and injuries sustained during service without loss of benefits2; 2. Privacy, which extends to all forms of communication and personal effects3; 3. Access to outside communication, which shall be allowed during free time, except in times of emergency where access to communication may be granted even during work time. If kasambahay uses employers communication facilities, cost shall be borne by kasambahay unless waived by employer 4; Duties and responsibilities; Period of employment; Compensation; Authorized deductions; Hours of work and proportionate additional payment; Rest day and allowable leaves; Board, lodging and medical attention; Agreement on deployment expenses, if any; Loan agreement; Termination of employment; and Other lawful condition agreed upon by both parties1

schedule to allow access to education. Higher education, optional on the part of employer 5; 5. Daily hours/day6; Rest Period of eight (8)

6. Weekly Rest Period of 24 consecutive hours/week7; 7. Wage in cash, directly kasambahay, at least once a month8; 8. law ;
9

to

the

13th month pay as provided for by

9. Payslip, indicating the amount paid in cash and deductions if any10; 10. Non-cumulative and Non-convertible Service Incentive Leave of five (5) days with pay per year to a kasambahay who has worked for at least one (1) year 11; 11. Social and Other benefits to a kasambahay who has rendered at least one (1) month service12.
5 6 7

Section 9. Section 20. Section 21. Employer and kasambahay shall agree in writing on the weekly rest day schedule, taking into consideration the preference of the domestic worker based on religious grounds. Employer and kasambahay may agree to: (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; or (d) Other similar arrangements. Section 25. Section 25. Section 26. Employer shall keep copies of the pay slip for a period of three (3) years. Section 29. Any unused portion of annual leave shall not be cumulative or carried over to the succeeding years. Unused leaves shall not be convertible to cash. Section 30. Includes Social Security System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home Development Mutual Fund or Pag-IBIG, and all other benefits in accordance with the pertinent provisions provided by law. Employer shall shoulder premium payments or contributions. But if the kasambahay is receiving a monthly wage of at least P5,000.00, the kasambahay shall pay the

4. Basic education. Accordingly, employer shall adjust the kasambahays work

9 10

11 1

3 4

Section 11. Model employment contract shall be developed by DOLE, available to the general public free of charge. If employment is facilitated through Private Employment Agency, PEA shall keep copy of contract for verification and inspection by DOLE. Section 6. Note that, under the law, the employer is ABSOLUTELY prohibited to withdraw or hold in abeyance the provision of basic necessities as punishment or disciplinary action to the domestic worker. Section 7. Section 8.

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Recruitment or Finders Fee charged against the kasambahay18; Deposits for Loss or Damage. Kasambahays shall not be required to make deposits from which deductions shall be made for reimbursement of loss or damage to tools, materials, furniture and equipment in the household19; Debt Bondage. Employer shall not require a kasambahay to work as security or payment for a debt, where length & nature of work is not defined or when value of service not reasonably applied to debt20; Employment of Below 15. Those 15-17 years of age shall be entitled to minimum wage21; and Assignment to Non-Household Work at a wage rate lower than that provided for agricultural or non-agricultural workers. Applicable minimum wage shall apply22. Note: The Kasambahay and employer may mutually agree that the kasmbahay will temporarily perform work outside the household for the benefit of another household. However, any liability incurred by the kasambahay on account of such arrangement shall be borne by the original employer. Also, such work performed outside the household shall entitle the kasambahay to additional payment of at least the minimum wage rate of a kasambahay. Original employer shall not charge any amount from the other household where the service of the kasambahay was temporarily performed 23. 6. Interference and disposal of wages. Employer shall not interfere with the freedom of the kasambahay to spend his wages. Employer shall not shall not force or require the kasambahay to purchase anything from the employer or from any other person, or otherwise

1. 12. Employer shall also register all kasambahays in the Registry of Domestic Workers in the barangay of the employer 13.

2.

C. POST-EMPLOYMENT. Within 5 days from request of the kasambahay, employer shall issue a certificate of employment indicating the nature, duration of the service and work performance of the kasambahay14. WHAT ARE THE OBLIGATIONS OF THE KASAMBAHAY? A. PRE-EMPLOYMENT

3.

4. 1. Submit to Private Employment Agency, or to employer (when required), the following documents: (a) medical/health certificate issued by local government health officer, (b) barangay and police clearance, (c) NBI clearance, and (d) duly authenticated birth certificate or any document showing age at the cost of PEA or employer15; B. DURING EMPLOYMENT 1. To pay the cost of using the employers communication facilities, unless waived by employer16; 2. To keep private and confidential, even after employment, all communication and information pertaining to the employer or members of the household17;

5.

WHAT ARE THE PROHIBITED ACTS UNDER THE KASAMBAHAY LAW?

proportionate share in the premium payments or contributions, as provided by law. The domestic worker shall be entitled to all other benefits under existing laws. 13 Section 17. The Department of the Interior and Local Government (DILG) shall, in coordination with the DOLE, formulate a registration system for this purpose 14 Section 35 15 Section 12. 16 Section 8. 17 Section 10. Additionally, such privileged communication may not be used as evidence except when the case involves the employer or any member of the household in a crime against persons, property, personal liberty and security, and chastity.

18 19 20 21

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Section 13. Section 14. Section 15. Section 16. Employment of kasambahays 15-17 years or age is subject to Section 10(A), par. 2 of Section 12-A, paragraph 4 of Section 12-D, and Section 13 of R.A. No. 7610 or Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act. Section 22. Section 23.

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make use of any store or services of such employer or any other person24; 7. Withholding wages25; and employment

WHAT ARE THE JUST OR VALID CAUSES FOR PRE-TERMINATION OF EMPLOYMENT CONTRACT?29 A. BY KASAMBAHAY30, if the following acts are committed by the employer or any member of the household against the Kasambahay: 1. 2. abuse; 3. Verbal or emotional abuse; Inhuman treatment including physical Commission of a crime or offense; and

8. Pre-termination of contract without valid grounds26.

Note: If the duration of the domestic service is not stated either in contract or by the nature of the service, the employer or the kasambahay may give notice to terminate 5 days before the intended termination of the service. Kasambahay and employer may agree upon written notice to pre-terminate the contract of employment.

4. Violation of the terms and conditions of the employment contract and other standards set forth under the Kasambahay Law. 5. The kasambahay may also preterminate when he suffers any disease prejudicial to his health, that of the employer, or any member/s of the household; 6. Other foregoing. causes analogous to the

WHAT IS THE MONTHLY MINIMUM WAGE FOR KASAMBAHAYS?27 1. 2. 3. National Capital Region: P2,500.00; Chartered Cities & 1st Class Municipalities: P2,000.00; Municipalities: P1,500.00

*After 1 year from effectivity of the Kasambahay Law, review and adjustment shall be made by the Regional Tripartite & Productivity Wage Boards.

B. BY EMPLOYER31 1. Misconduct or willful disobedience of the lawful order of the employer in connection with the kasambahays work; 2. Gross or habitual neglect or inefficiency in the performance of duties; 3. Fraud or willful breach of the trust;

WHAT ARE THE CONSEQUENCES OF PRE-TERMINATION OF EMPLOYMENT CONTRACT?28 1. If Kasambahay is unjustly dismissed, kasambahay shall be paid the compensation already earned plus 15-day salary. 2. If Kasambahay leaves without justifiable reason, any unpaid salary due not exceeding 15 days shall be forfeited. Employer may also recover deployment expenses, if service has been terminated within six (6) months from employment.

4. Commission of a crime or offense against the person of the employer or any immediate member of the employers family; 5. Violation of the terms and conditions of the employment contract and other standards set forth under the Kasambahay Law; 6. Any disease prejudicial to the health of the domestic worker, the employer, or member/s of the household; and 7. Other foregoing. causes analogous to the

24 25

26 27 28

Section 27. Section 28. If the kasambahay leaves without any justifiable reason, any unpaid wage for not exceeding fifteen (15) days shall be forfeited. Employer shall not induce the kasambahay to give up any part of the wages by force, stealth, intimidation, threat or by any other means whatsoever. Section 32. Section 24. Section 32.

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Section 32. Section 33. Section 34.