Demystifying the Kasambahay Law: What Filipino Employers
Here’s A Guide for Filipino Employers to understand the Kasambahay Law in the Philippines.
Here are key takeaways :
Batas Kasambahay - A Dignified Life for Domestic Workers
The enactment of Republic Act No. 10361, also known as “Batas Kasambahay,” is a turning point in social legislation for the Philippines, ensuring safe and healthful working conditions and affording full protection to domestic workers against abuse and exploitation.
Who can be a Kasambahay
The Implementing Rules and Regulations of Batas Kasambahay (“IRR”) provide that a person below 18 may be hired as a kasambahay as long as the employment contract is signed by his/her parent or lawful guardian on his/her behalf (see Section 5 of Rule II of the IRR). However, it is unlawful for any person below 15 years of age to be hired as a kasambahay (see Section 1 of Rule VI of the IRR).
Hiring
An employer can directly hire a kasambahay or may go through the PEA. In relation to this, recruitment or finder’s fees cannot be charged against the kasambahay. The employer shall pay the deployment expenses to be incurred in the transfer of the kasambahay from the province or place of origin to the place of work. The only time where the employer can recover the deployment expenses is where employment relationship is terminated within 6 months without just cause. (see Under Rule II of the IRR)
The Batas Kasambahay requires the execution of an employment contract between the kasambahay and the employer, written in a language or dialect understood by the kasambahay, prior to commencement of service. The contract shall include provisions on the following: duties of the kasambahay; period of employment; compensation; authorized deductions; hours of work and proportionate additional payment; rest days and allowable leaves; board, lodging and medical attention; agreements on deployment expense, if any; loan agreement, if any; termination of employment; and any other lawful condition agreed upon by the parties.
The employer is required to furnish a copy of the contract to the kasambahay and a copy to the Punong Barangay in the barangay where the employer resides. The contract shall conform to the DOLE standard employment contract (i.e., Form BK-1) and shall be registered with the concerned barangay. The parties may renew the contract and register the new contract again with the concerned barangay.
Rights of the Kasambahay
Rule IV of the IRR sets out the rights of a kasambahay, thus:
The standard of treatment is that the kasambahay shall not be subjected to any kind of abuse, including repeated verbal or psychological, nor be inflicted with any form of physical violence or harassment or any act tending to degrade his/.her dignity.
Active Participation of Local Government Units
The IRR mandates greater participation from the barangay, which is the local government unit most capable of monitoring working conditions in its jurisdiction. Under Rule X of the IRR, barangay officials, together with law enforcement and a municipal or city social welfare officer, shall conduct rescue operations for any abused kasambahay upon report to any barangay official, any social worker from the LSWDO or DSWD Field Office, any police officer from the Women and children Protection desks, or any officer of the PESO. Under Section 2 of Rule X of the IRR, “abuse” shall refer to any act or a series of acts by an employer or any member of his/her household against any kasambahay which results in or is likely to result in physical, sexual, psychological harm or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.
Apart from rescue operations, the Punong Barangay shall also maintain a Kasambahay Masterlist and submit a monthly report to the DILG for monitoring and data analysis, pursuant to Section 4, Rule IX of the IRR.
Here’s A Guide for Filipino Employers to understand the Kasambahay Law in the Philippines.
Here are key takeaways :
- a person between 15 to 18 years old may be hired as a kasambahay as long as the employment contract is signed by his/her parent or lawful guardian on his/her behalf.
- Batas Kasambahay requires the execution of an employment contract between the kasambahay and the employer, written in a language or dialect understood by the kasambahay
- Batas Kasambahay defines “abuse” any act or a series of acts by an employer or any member of his/her household against any kasambahay which results in or is likely to result in physical, sexual, psychological harm or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.
Batas Kasambahay - A Dignified Life for Domestic Workers
The enactment of Republic Act No. 10361, also known as “Batas Kasambahay,” is a turning point in social legislation for the Philippines, ensuring safe and healthful working conditions and affording full protection to domestic workers against abuse and exploitation.
Who can be a Kasambahay
The Implementing Rules and Regulations of Batas Kasambahay (“IRR”) provide that a person below 18 may be hired as a kasambahay as long as the employment contract is signed by his/her parent or lawful guardian on his/her behalf (see Section 5 of Rule II of the IRR). However, it is unlawful for any person below 15 years of age to be hired as a kasambahay (see Section 1 of Rule VI of the IRR).
Hiring
An employer can directly hire a kasambahay or may go through the PEA. In relation to this, recruitment or finder’s fees cannot be charged against the kasambahay. The employer shall pay the deployment expenses to be incurred in the transfer of the kasambahay from the province or place of origin to the place of work. The only time where the employer can recover the deployment expenses is where employment relationship is terminated within 6 months without just cause. (see Under Rule II of the IRR)
The Batas Kasambahay requires the execution of an employment contract between the kasambahay and the employer, written in a language or dialect understood by the kasambahay, prior to commencement of service. The contract shall include provisions on the following: duties of the kasambahay; period of employment; compensation; authorized deductions; hours of work and proportionate additional payment; rest days and allowable leaves; board, lodging and medical attention; agreements on deployment expense, if any; loan agreement, if any; termination of employment; and any other lawful condition agreed upon by the parties.
The employer is required to furnish a copy of the contract to the kasambahay and a copy to the Punong Barangay in the barangay where the employer resides. The contract shall conform to the DOLE standard employment contract (i.e., Form BK-1) and shall be registered with the concerned barangay. The parties may renew the contract and register the new contract again with the concerned barangay.
Rights of the Kasambahay
Rule IV of the IRR sets out the rights of a kasambahay, thus:
- Minimum wage paid only in cash to the exclusion of promissory notes, vouchers, and any object other than cash, paid at least once a month;
- Other mandatory benefits such as the daily rest period of 8 hours, 24 consecutive hours as weekly rest period, 5-day annual service incentive leave with pay for those who have rendered work for 1 year, and 13th month pay for those who have rendered at least 1 month of work;
- Freedom from employers’ interference in the disposal of wages;
- For those who have rendered at least 1 month of work, coverage under the SS, Philhealth, and PAG-IBIG laws;
- Standard of treatment;
- Board, lodging, and medical attendance;
- Right to privacy;
- Access to outside communication;
- Access to education and training;
- Right to form, join, or assist labor organization;
- Right to be provided a copy of the employment contract as required in Section 7, Rule II;
- Right to certificate of employment;
- Right to terminate the employment;
- Right to exercise their own religious beliefs and cultural practices.
The standard of treatment is that the kasambahay shall not be subjected to any kind of abuse, including repeated verbal or psychological, nor be inflicted with any form of physical violence or harassment or any act tending to degrade his/.her dignity.
Active Participation of Local Government Units
The IRR mandates greater participation from the barangay, which is the local government unit most capable of monitoring working conditions in its jurisdiction. Under Rule X of the IRR, barangay officials, together with law enforcement and a municipal or city social welfare officer, shall conduct rescue operations for any abused kasambahay upon report to any barangay official, any social worker from the LSWDO or DSWD Field Office, any police officer from the Women and children Protection desks, or any officer of the PESO. Under Section 2 of Rule X of the IRR, “abuse” shall refer to any act or a series of acts by an employer or any member of his/her household against any kasambahay which results in or is likely to result in physical, sexual, psychological harm or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.
Apart from rescue operations, the Punong Barangay shall also maintain a Kasambahay Masterlist and submit a monthly report to the DILG for monitoring and data analysis, pursuant to Section 4, Rule IX of the IRR.
