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Department of Labor and Employment Bureau of Working Conditions BATASBATAS KASAMBAHAYKASAMBAHAYYY RepublicRepublic

Department of Labor and Employment Bureau of Working Conditions

BATASBATAS KASAMBAHAYKASAMBAHAYYY RepublicRepublic ActAct No.No. 1036110361
BATASBATAS KASAMBAHAYKASAMBAHAYYY
RepublicRepublic ActAct No.No. 1036110361
and Employment Bureau of Working Conditions BATASBATAS KASAMBAHAYKASAMBAHAYYY RepublicRepublic ActAct No.No. 1036110361
and Employment Bureau of Working Conditions BATASBATAS KASAMBAHAYKASAMBAHAYYY RepublicRepublic ActAct No.No. 1036110361
and Employment Bureau of Working Conditions BATASBATAS KASAMBAHAYKASAMBAHAYYY RepublicRepublic ActAct No.No. 1036110361
and Employment Bureau of Working Conditions BATASBATAS KASAMBAHAYKASAMBAHAYYY RepublicRepublic ActAct No.No. 1036110361

TimelineTimeline

Republic Act 10361

Signing:

Publication:

Effectivity:

18 January 2013

25 January 2013

10 February 2013

Implementing Rules and Regulations (IRR)

Signing:

Publication:

09 May 2013 19 May 2013

CoveraCoveraggee

General househelp

Yaya

Cook

Gardener

Laundry person

Person who regularly performs domestic work in one household on an occupational basis

NotNot coveredcovered

Service providers

Family drivers

Children under foster family arrangement

Person who performs work occasionally or sporadically and not on an occupational basis

EmploymentEmployment ofof ChildrenChildren asas KasambahayKasambahay

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

HiringHiring ofof KasambahayKasambahay

Direct Hiring

Private employment agencies (PEA)

CostCost ofof HiringHiring

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 de ployment costs when kasambahay leaves w/o justifiable reason w/n 6 mos.

PrePre--employmentemployment requirementsrequirements

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

EmploymentEmployment contractcontract

Requirement

in

of

employment

contract

by

written

employer and kasambahay

language

understood

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

ContentsContents ofof EmploymentEmployment ContractContract

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

MandatoryMandatory benefitsbenefits

Monthly minimum wage

Daily rest period of 8 hours

Weekly rest period

5 days annual SIL with pay

13 th month pay

SSS, PhilHealth and Pag-IBIG benefits

MonthlyMonthly minimumminimum wagewage

National Capital Region

Cities and 1st class municipalities

Other municipalities

- P2,500.00

- P2,000.00

- P1,500.00

SSS,SSS, PhilHealth,PhilHealth, andand Pag-Pag-IBIGIBIG coveragecoverage

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.

PaymentPayment ofof WagesWages

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

OtherOther rightsrights andand privilegesprivileges

Standard of Treatment

Board, lodging, and medical attendance

Right to Privacy

Access to communication facilities

Access to education and training

OtherOther rightsrights andand privilegesprivileges

Right

to

be

provided

employment contract

a

copy

of

the

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

ProvisionsProvisions protectingprotecting employersemployers

Require pre-employment

to employment

documents prior

Recover deployment expenses

Forfeiture of 15-day unpaid salary should Kasambahay leave without any justifiable reason

Terminate

justifiable

the

employment

on

grounds.

Demand replacement

Prohibition against privileged information

CausesCauses forfor terminationtermination byby KasambahayKasambahay

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 K asambahay, employer, or member/s of the household

Other analogous causes

CausesCauses forfor terminationtermination byby EmployerEmployer

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 K asambahay, employer, or member/s of the household

Other analogous causes

EntitlementsEntitlements ofof kasambahaykasambahay unjustlyunjustly dismisseddismissed byby thethe employeremployer

a. Outright payment of earned wage

b. Indemnity benefit in the form of wage equivalent to 15 days work

LiabilitiesLiabilities ofof kasambahaykasambahay whowho leavesleaves thethe employeremployer withoutwithout justifiablejustifiable reasonreason

a. Forfeiture of wage equivalent to 15 days work

b. To reimburse the deployment expenses, if the employment contract is terminated within six (6) months from employment

LiabilityLiability ofof PrivatePrivate EmploymentEmployment AgenciesAgencies

jointly and solidarily liable with the principal employer for any unpaid wage, wage-related benefits, and other benefits due the kasambahay

ResponsibilitiesResponsibilities ofof PEAsPEAs

a. Ensure

that

kasambahay is

not

charged

recruitment or placement fees

b. Ensure that employment agreement stipulates the prescribed terms and conditions of employment

c. Provide pre-employment orientation briefing

d. Keep copies of employment contracts

e.

kasambahay on complaints against

Assist

the

employers

f. Cooperate with government in rescue operations involving abused or exploited kasambahay .

RegistrationRegistration SystemSystem forfor KasambahayKasambahay

Duty

of

employer

to

register

the

Kasambahay in the Barangay where his/her

residence is located

Punong

Barangay

is

responsible

Registry of Kasambahay

for

the

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

RescueRescue andand RehabilitationRehabilitation ofof AbAbuseusedd KKasamasambbaahhayay

Rescue by municipal or city social welfare officer in coordination with barangay officials and law enforcement personnel

Rehabilitation services by Local Social Welfare & Dev’t Offices (LSWDOs):

Temporary shelter

Counselling

Free legal services

Medical or psychological services

Livelihood and skills training

MechanismMechanism forfor settlementsettlement ofof disputesdisputes

All labor-related disputes shall be filed at DOLE Regional Office

DOLE RO shall exhaust all conciliation and mediation efforts before decision is rendered

UnlawfulUnlawful actsacts

a. Employment of children below 15 years old

b. Requiring deposits for loss or damage

c. Placing bondage

the kasambahay

under

debt

d. Interference in disposal of wages

e. Withholding of wages

 

f.

Charging

another

household

for

temporarily performed tasks

PenaltiesPenalties forfor unlawfulunlawful actsacts

punishable with administrative fine from P10,000 to P40,000 to be imposed by the DOLE Regional Offices.

OtherOther remediesremedies forfor unlawfulunlawful actsacts

The

the

appropriate civil or criminal action before the regular courts.

aggrieved

party

file

may

ForFor moremore information…information…

visit the dole website:

www.dole.gov.ph

ForFor moremore information…information… visit the dole website: www.dole.gov.ph