Department of Labor and EmploymentBureau of Working Conditions

BATAS KASAMBAHAYBATAS KASAMBAHAYBATAS KASAMBAHAY BATAS KASAMBAHAY Republic Act No. 10361 Republic Act No. 10361

TimelineTimeline

Republic Act 10361

Signing: 18 January 2013

P bli ti 25 J 2013 Publication: 25 January 2013

Effectivity: 10 February 2013

Implementing Rules and Regulations (IRR) Signing: 09 May 2013 Signing: 09 May 2013

Publication: 19 May 2013

CoverageCoveragegg

General househelpp Yaya Cook Cook Gardener Laundry person Person who regularly performs domestic

work in one household on an occupationalbasis

Not coveredNot covered

Service providersService providers Family drivers Children under foster family arrangement Person who performs work occasionally ore so o pe o s o occas o a y o

sporadically and not on an occupationalbasisbas s

Employment of Children as Employment of Children as KasambahayKasambahay

Employable age:

Fifteen (15) years old and aboveC ditiConditions: 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 Access to education and training

Hiring of Hiring of KasambahayKasambahay

Direct Hiring Direct Hiring Private employment agencies (PEA)

Cost of HiringCost of Hiring

Employer pays the cost of hiring, whetherhired thru PEA

Kasambahay shall NOT be charged of anygrecruitment or finders fees

Employer pays for deployment expensesp y p y p y pexception: employer may recover thedeployment costs when kasambahayp y yleaves w/o justifiable reason w/n 6 mos.

PrePre--employment requirementsemployment requirements

Medical or health certificate issued by affilocal government health officer

Barangay and police clearance NBI clearance Authenticated birth certificate, voters

identification card, baptismal record, orpassport showing the kasambahays age.

NOTE: The cost shall be paid by the prospectiveemployer or PEA

Employment contract Employment contract

Requirement of employment contractq p ywritten in language understood byemployer and kasambahay

If Kasambahay is below 18 yrs. old, contractshall be signed by parent or guardiang y p g

Upon request, Punong Barangay shall readand explain contents of contractand explain contents of contract

Contents of Employment ContractContents of Employment Contract

Duties and responsibilitiesP i d f l t Period of employment

Compensation Authorized deductions Authorized deductions Hours of work Rest days and allowable leaveses days a d a o ab e ea es Board, lodging and medical attention Agreements on deployment expenses Loan agreement Termination of employment

A th l f l diti Any other lawful condition

Mandatory benefits Mandatory benefits

Monthly minimum wageMonthly minimum wage Daily rest period of 8 hours Weekly rest period 5 days annual SIL with pay5 days annual SIL with pay 13th month pay SSS, PhilHealth and Pag-IBIG benefits

Monthly minimum wage Monthly minimum wage

National Capital Region - P2 500 00National Capital Region P2,500.00

Cities and 1st class - P2,000.00 municipalities

Other municipalities - P1,500.00Other municipalities P1,500.00

SSS, SSS, PhilHealthPhilHealth, and , and PagPag--IBIG coverageIBIG coverage

After one (1) month from employment Payment of premium contributions If thl i l th P5 000 00 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 inkasambahay will pay his/her share inthe premium contributions.

Payment of WagesPayment of Wages

In cash, at least once a month No payment by promissory note, voucher,

coupon token ticket chitcoupon, token, ticket, chit

Provide Kasambahay with PAYSLIP everypay day containing the amount paid andall deductions made, if any

Other rights and privileges Other rights and privileges

Standard of Treatment Standard of Treatment Board, lodging, and medical attendance Right to Privacy A t i ti f iliti Access to communication facilities Access to education and trainingccess o educa o a d a g

Other rights and privileges Other rights and privileges

Right to be provided a copy of theemployment contract

Right to Certificate of Employment Freedom from employers interference on

wage disposal Right to form, join or assist labor organization Right to terminate employment Right to terminate employment Right to exercise own beliefs and cultural

practicesp ac ces

Provisions protecting employers Provisions protecting employers

Require pre-employment documents priorto employment

Recover deployment expenses Forfeiture of 15-day unpaid salary shouldKasambahay leave without any justifiablereasonreason

Terminate the employment on justifiablegrounds.grounds.

Demand replacement Prohibition against privileged information Prohibition against privileged information

Causes for termination by Causes for termination by 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

Kasambahay, employer, or member/s of they, p y , /household

Other analogous causes g

Causes for termination by EmployerCauses for termination by Employer

Misconduct or willful disobedience of lawful order inconnection with the workconnection with the work

Gross or habitual neglect or inefficiency inperformance of duties

Fraud or willful breach of trust Commission of a crime or offense against the employer

or member of the familyor member of the family Violation of the terms and conditions of employment

contract and other standards Any disease prejudicial to the health of Kasambahay,

employer, or member/s of the household Other analogous causesOther analogous causes

Entitlements of Entitlements of kasambahaykasambahay unjustly unjustly dismissed by the employerdismissed by the employerdismissed by the employerdismissed by the employer

a Outright payment of earned wagea. Outright payment of earned wage

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

Liabilities of Liabilities of kasambahaykasambahay who leaves the who leaves the employer without justifiable reasonemployer without justifiable reasonemployer without justifiable reasonemployer without justifiable reason

a Forfeiture of wage equivalent to 15 daysa. Forfeiture of wage equivalent to 15 dayswork

b. To reimburse the deployment expenses, ifthe employment contract is terminatedwithin six (6) months from employment

Liability of Private Employment AgenciesLiability of Private Employment Agencies

jointly and solidarily liable with the jointly and solidarily liable with theprincipal employer for any unpaid

l t d b fit dwage, wage-related benefits, andother benefits due the kasambahay

Responsibilities of PEAsResponsibilities of PEAs

a. Ensure that kasambahay is not chargedit t l t frecruitment or placement fees

b. Ensure that employment agreement stipulates theprescribed terms and conditions of employmentprescribed terms and conditions of employment

c. Provide pre-employment orientation briefingd. Keep copies of employment contractsd. eep cop es o e p oy e co ac se. Assist the kasambahay on complaints against

employersf. Cooperate with government in rescue operations

involving abused or exploited kasambahay.

Registration System for Registration System for KasambahayKasambahay

Duty of employer to register theKasambahay in the Barangay where his/herresidence is located

Punong Barangay is responsible for theRegistry of Kasambahay

Disclosure of information shall be subject toRA 10173 (Data Privacy Act of 2012)( y )

Rescue and Rehabilitation of Rescue and Rehabilitation of AbusedAbused KasambahayKasambahayAbused Abused KasambahayKasambahay Rescue by municipal or city social welfare officer

i i i i ffi iin coordination with barangay officials and lawenforcement personnel

Rehabilitation services by Local Social Welfare &Devt Offices (LSWDOs):

Temporary shelter Temporary shelter Counselling Free legal services Free legal services Medical or psychological services Livelihood and skills training Livelihood and skills training

Mechanism for settlement of disputesMechanism for settlement of disputes

All labor-related disputes shall be filed atpDOLE Regional Office

DOLE RO h ll h t ll ili ti DOLE RO shall exhaust all conciliationand mediation efforts before decision is

d drendered

Unlawful acts Unlawful acts

a. Employment of children below 15 years oldb. Requiring deposits for loss or damagec Placing the kasambahay under debtc. Placing the kasambahay under debt

bondaged Interference in disposal of wagesd. Interference in disposal of wagese. Withholding of wagesf. Charging another household for

temporarily performed tasks

Penalties for unlawful acts Penalties for unlawful acts

punishable with administrative fine punishable with administrative finefrom P10,000 to P40,000 to bei d b th DOLE R i limposed by the DOLE RegionalOffices.

Other remedies for unlawful acts Other remedies for unlawful acts

The aggrieved party may file theThe aggrieved party may file theappropriate civil or criminal actionb f th l tbefore the regular courts.

For more informationFor more information

visit the dole website:visit the dole website: www.dole.gov.ph