The Kasambahay Law, officially known as Republic Act No. 10361 or the “Domestic Workers Act,” was enacted in the Philippines to provide protection and promote the rights of domestic workers, commonly referred to as “kasambahay.” To ensure the effective implementation of this law, the government also released the Implementing Rules and Regulations (IRR). In this Q&A guide, we’ll explore the key aspects of the Kasambahay Law and its IRR.
Who is considered a “kasambahay” under the law?
“Domestic worker” or “Kasambahay” refers to any person engaged in domestic work within an employment relationship, whether on a live-in or live-out arrangement, such as, but not limited to, general househelp, “yaya”, cook, gardener, or laundry person, but shall exclude family drivers, children who are under foster family arrangement, or any person who performs domestic work only occasionally or sporadically and not on an occupational basis.
How is a Kasambahay hired?
A Kasambahay can be hired directly by the employer or indirectly through a licensed Private Employment Agency (PEA)
Who shoulders the cost of hiring and deployment expenses?
The employer shall shoulder the cost of hiring of a Kasambahay, whether he/she is hired through aPEA or a third party. In no case shall the recruitment or finder’s fees be charged against the Kasambahay.
The employer, whether the Kasambahay is hired directly or through a PEA, shall pay the expenses directly used for his/her transfer from place of origin to the place of work.
Note: The employer may recover deployment costs from the Kasambahay whenever the employment relationship is terminated within six (6) months without just cause.
Are employers required to provide written contracts to their kasambahay?
Yes, employers are required to provide a written employment contract. The contract should specify terms and conditions of employment, including working hours, rest days, compensation, and other benefits.
What are the rights and privileges of a Kasambahay?
The rights and privileges of the Kasambahay, are as follows:
- Minimum wage;
- Other mandatory benefits, such as the daily and weekly rest periods, service incentive leave, and 13th month pay;
- Freedom from employers’ interference in the disposal of wages;
- Coverage under the SSS, 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
- Right to certificate of employment
- 13)Right to terminate the employment; and
- Right to exercise their own religious beliefs and cultural practices.
Can payment of wages be made other than cash?
The Kasambahay shall be paid his/her wages in cash. No payment by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than cash shall be allowed.
What are the rules in deductions of loans/debts contracted by the Kasambahay?
In case there are loans/debts, an agreement may be made to deduct from the wages of the Kasambahay an amount which shall not exceed 20% of his/her wages in a month. (Section 10, Rule IV, Ibid.)
An employer may agree to extend loan assistance to the Kasambahay at an amount not exceeding the equivalent of his/her six (6) months’ salary.
What are the rights of a Kasambahay as regards board, lodging, and medical attendance?
The Kasambahay shall be provided by the employer free basic necessities to include the following:
- At least three (3) adequate meals a day taking into consideration the Kasambahay’s religious beliefs and cultural practices.
- Humane sleeping condition that respects the person’s privacy for live-in arrangement; and
- Appropriate rest and medical assistance, including first-aid medicine, in case of illnesses and injuries sustained during service without loss of benefits. (Section 12, Rule IV, Ibid.)
For Kasambahay under live-out arrangement, he/she shall be provided space for rest and access to toilet.
At no instance shall the employer withdraw or hold in abeyance the provision of these basic necessities as punishment or disciplinary action to the Kasambahay.
How is the employment of contract terminated?
In case the duration of employment is specified in the contract, the Kasambahay and the employer may mutually agree upon notice to terminate the contract of employment before the expiration of its term.
In case the duration is not determined by stipulation or by nature of service, the employer or the Kasambahay may give notice to end the employment relationship five (5) days before the intended termination of employment.
Can the Kasambahay terminate his/her employment?
Yes. The Kasambahay may terminate the employment relationship at any time before the expiration of the contract for any of the following causes:
- Verbal or emotional abuse of the Kasambahay by the employer or any member of the household;
- Inhuman treatment including physical abuse of the Kasambahay by the employer or any member of the household;
- Commission of a crime or offense against the Kasambahay by the employer or any member of the household;
- Violation by the employer of the terms and conditions of the employment contract and other standards set forth under this IRR;
- Any disease prejudicial to the health of the Kasambahay, the employer, or member/s of the household; and
- Other causes analogous to the foregoing.
If the Kasambahay leaves without cause, any unpaid salary due, not exceeding the equivalent of fifteen (15) days work, shall be forfeited. In addition, the employer may recover from the Kasambahay deployment expenses, if any, if the services have been terminated within six (6) months from employment.
Is pregnancy and/or marriage a valid ground to terminate employment?
No. Pregnancy and Marriage of the Kasambahay are not considered valid grounds for termination of employment.
What are the unlawful acts penalized under the law?
The following acts are declared unlawful:
- Employment of Children below 15 years of age (Section 16, Batas Kasambahay);
- Withholding of Wages of the Kasambahay (Section 28, Batas Kasambahay);
- Interference in the Disposal of the wages of the Kasambahay (Section 27, Batas Kasambahay);
- Requiring deposits for loss or damage (Section 14, Batas Kasambahay);
- Placing the Kasambahay under Debt Bondage (Section 15, Batas Kasambahay); and
- Charging another household for temporarily performed tasks (Section 23, Batas Kasambahay).
The Domestic Workers Act, or “Batas Kasambahay,” is a crucial piece of legislation in the Philippines that safeguards the rights and welfare of domestic workers. By understanding its provisions, both employers and domestic workers can create a fair and respectful working relationship that promotes the well-being of all parties involved.
Source:
Republic Act 10361 or the Domestic Workers Act, otherwise known as “Batas Kasambahay”
Implementing Rules and Regulations of RA 10136
