BATAS KASAMBAHAY

LABOR

The State affirms labor as a primary social

economic force. It shall protect the rights of
workers and promote their welfare
(Art. 11, Section 18 of the 1987 Constitution)

Submitted by

: Arbie Mae R. Magale

Professor

: Atty. Luel C. Mendez

6/21/2013

BATAS KASAMBAHAY
INTRODUCTION
Republic Act 10361, the Domestic Workers Act or the Batas Kasambahay, was promulgated
on January 18, 2013 and took effect on June 4, 2013. Among its underlying principles is the need of
the state to protect the rights of the Kasambahay against the abuse, harassment, violence, economic
exploitation and performance of work that is hazardous to their physical and mental health.
The Kasambahay are the general household helpers yaya, cook, gardener, laundry person,
or any person who regularly performs domestic work whether on a live-in or live-out arrangement.
The law specifically enumerates those which are covered by the Kasambahay Law and excludes
those who are service providers, family drivers, children under foster family arrangement, and those
who work occasionally or sporadically within the household.
The Republic Act 10361 consists mainly which will be briefly discussed below are:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

The Hiring of the Kasambahay

Recruitment and Deployment of the Kasambahay
The Rights and Obligations of the Kasambahay
The Rights and Obligations of the Employer
Standards for Employment of Working Children
Post Employment
TESDA Skills Training, Assessment and Certification
Registration System for Kasambahay
Rescue and Rehabilitation of Abused Kasambahay
Settlement/Disposition of Labor Related Disputes

HOW TO HIRE
The Kasambahay can be hired directly by the employer or indirectly through a licensed
Private Employment Agency (PEA). If hired through PEA, the employer shall pay for the finders
fees. Further, the employer shall pay for the transportation costs of the kasambahay from his or her
place of origin.
Prior to the execution of the employment contract, the employer may require the
Kasambahay to submit her/his medical certificate, barangay and police clearance, NBI clearance and
birth certificate. The cost of the foregoing shall be borne by the prospective employer or the agency,
as the case may be.
Before a Kasambahay starts work, an employment contract between him/her and the
employer should be signed. It should be in a language understood by both parties. Under the
employment contract, the duties and responsibilities of the Kasambahay should be clearly
enumerated.
The Contract of Employment should also include but not limited to:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.

Period of Employment;
Compensation;
Authorized Deductions;
Hours of Work and Proportional Payment;
Rest Days and Leaves;
Board, Lodging and Medical Attention;
Agreement on Deployment Expenses, if any
Loan Agreement, if any;
Termination of employment; and
Any other lawful condition agreed upon by both parties.

The absence of an employment contract shall not deprive the Kasambahay of his/her rights
and entitlements guaranteed under the Law. Further, if the Kasambahay is below 18 years of age,
the contract shall be signed by a parent or guardian, with the punong barangay or barangay officer
serving as witness.

Source:

1. www.lawphil.net
2. www.abs-cbnnews.com
3. www.dole.gov.ph

6/21/2013

RIGHTS OF THE KASAMBAHAY

a. SALARIES and BENEFITS
The Kasambahay is entitled to a minimum wage which shall not be less than
P 2,500.00/month for those employed in NCR, P 2,000.00/month for those employed within the cities
and municipalities; and P 1,500.00/month for those employed within other municipalities. All of the
abovementioned salaries shall be subject to review by the Regional Tripartite Wages and
Productivity Boards.
The Kasambahay is also entitled to the following benefits:
1.
2.
3.
4.
5.

Thirteenth Month Pay

Service Incentive Leave of 5 Days
Social Security Benefits
Daily Rest Period
Weekly Rest Period

b. LOANS
The Employer may extend a loan to the kasambahay up to an amount not exceeding 6
months of wages. The payment of the loans shall not exceed 20% of the wages every month. Debt
bondage is expressly prohibited.

c. FOOD, LODGING & PRIVACY

The employer shall provide three meals a day, taking into account religious beliefs and
cultural practices of the Kasambahay. The kasambahay should be given a decent sleeping area. They
shall be allowed to rest and given first aid in case of illnesses and injuries sustained during service.
The Kasambahays communication and personal effects shall be accorded with respect.

d. EDUCATION
The Kasambahay shall be given the opportunity to finish his/her basic education, which
consists of elementary and high school. He or she shall also be allowed alternative learning systems
and if feasible higher education or technical-vocational training.
The employer is not required to shoulder the education of the kasambahay. However, if the
Kasambahy should pursue his/her studies, the employer should adjust the work schedule of the
kasambahay.

RIGHTS OF THE EMPLOYER

1.

Information and communications pertaining to the employer or members of the household

shall be treated as privileged and confidential. The Kasambahay is prohibited in publicly
disclosing such information and communications during and even after employment;

2.

The Employer may require certain pre-employment documents prior to engagement;

3.

Forfeiture of 15-day unpaid salary should domestic worker leave residence of employer
without any justifiable reasons; and,

4.

Right to terminate the employment on justifiable grounds.

TERMINATION OF CONTRACT
The following are valid grounds for the termination of the Contract:
a.
b.

Source:

Verbal or Emotional Abuse

Existence of inhumane treatment such as physical abuse, sexual violence and
psychological violence

1. www.lawphil.net
2. www.abs-cbnnews.com
3. www.dole.gov.ph

6/21/2013
c.
d.
e.
f.
g.
h.

Any crimes against the kasambahay

Violation of the contract
If afflicted with disease prejudicial to the health of the kasambahay or those
of the members of the household
Misconduct or willful disobedience
Gross or habitual neglect
Kasambahay is found doing fraudulent acts

Pregnancy and Marriage of the Kasambahay are not part of the causes for valid
termination.

RESCUE & REHABILIATION

Any abused or exploited Kasambahay shall be immediately rescued by a municipal or city
social welfare officer or social welfare officer from the Department of Social Welfare and
Development (DSWD) in coordination with the concerned barangay officials.
The DSWD shall adopt a gender responsive, rights-based and culture sensitive approach to
service delivery to facilitate the recovery, rehabilitation and reintegration of the Kasambahay in
mainstream society.

PENALTIES ON UNLAWFUL ACTS UNDER THE LAW

Unlawful acts are punishable with an administrative fine ranging from P 10,000.00 to
P40,000.00 to be imposed by the DOLE Regional Offices.

Source:

1. www.lawphil.net
2. www.abs-cbnnews.com
3. www.dole.gov.ph