department of labor and employment bureau of working conditions batas kasambahay republic act no....
TRANSCRIPT
Department of Labor and Employment Bureau of Working Conditions
BATAS KASAMBAHAY BATAS KASAMBAHAY Republic Act No. 10361 Republic Act No. 10361
TimelineTimeline
RA 10361 − Signing: 18 January 2013 Publication: 25 January 2013
Effectivity: 10 February 2013
IRR − Signing: 9 May 2013 Publication: 19 May 2013 Effectivity: 4 June 2013
CoverageCoverage
General househelp
Yaya
Cook
Gardener
Laundry person
Person who regularly performs domestic work in one household on an occupational basis
Not coveredNot covered
Service providers
Family drivers
Children under foster family arrangement
Person who performs work occasionally or sporadically and not on an occupational basis
Employment of Children as Employment of Children as 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
Hiring of KasambahayHiring of Kasambahay
Direct Hiring
Private employment agencies (PEA)
Cost of HiringCost of Hiring
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 deployment costs when kasambahay leaves w/o justifiable reason w/n 6 mos.
Pre-employment Pre-employment 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
Employment contract Employment contract
Requirement of employment contract written in language understood by employer and kasambahay
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
Contents of Employment Contents of Employment 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
Mandatory benefits Mandatory benefits
Monthly minimum wage
Daily rest period of 8 hours
Weekly rest period
5 days annual SIL with pay
13th month pay
SSS, PhilHealth and Pag-IBIG benefits
Monthly minimum wage Monthly minimum wage
National Capital Region - P2,500.00
Cities and 1st class - P2,000.00 municipalities
Other municipalities - P1,500.00
SSS, PhilHealth, and Pag-IBIG SSS, PhilHealth, and Pag-IBIG 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.
Payment of WagesPayment of Wages
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
Other rights and privileges Other rights and privileges
Standard of Treatment
Board, lodging, and medical attendance
Right to Privacy
Access to communication facilities
Access to education and training
Other rights and privileges Other rights and privileges
Right to be provided a copy of the employment contract
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
Provisions protecting Provisions protecting employers employers
Require pre-employment documents prior to employment
Recover deployment expenses Forfeit the 15-day unpaid salary should
Kasambahay leave without any justifiable reason
Terminate the employment on justifiable grounds.
Demand replacement Prohibit Kasambahay from publicly
disclosing information of the employer
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 the household
Other analogous causes
Causes for termination by Causes for termination by 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
Kasambahay, employer, or member/s of the household
Other analogous causes
Entitlements of Entitlements of kasambahaykasambahay unjustly unjustly dismissed by the employerdismissed by the employer
a.Outright payment of earned wage
b.Indemnity benefit in the form of wage equivalent to 15 days work
Liabilities of Liabilities of kasambahaykasambahay who leaves who leaves the employer without justifiable the employer without justifiable reasonreason
a. Forfeiture of wage equivalent to 15 days work
b. Reimbursement of deployment expenses, if the employment contract is terminated within six (6) months from employment
Registration System for Registration System for KasambahayKasambahay
Duty of employer to register the Kasambahay in the Barangay where his/her residence is located
Punong Barangay is responsible for the Registry of Kasambahay
Disclosure of information shall be subject to RA 10173 (Data Privacy Act of 2012)
Mechanism for settlement of Mechanism for settlement of 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
Unlawful acts Unlawful acts
a. Employment of children below 15 years old
b. Requiring deposits for loss or damage
c. Placing the kasambahay under debt bondage
d. Interference in disposal of wages
e. Withholding of wages
f. Charging another household for temporarily performed tasks
Penalties for unlawful acts Penalties for unlawful acts
punishable with administrative fine from P10,000 to P40,000 to be imposed by the DOLE Regional Offices.
Other remedies for unlawful Other remedies for unlawful acts acts
The aggrieved party may file the appropriate civil or criminal action before the regular courts.
For more information…For more information…
visit the dole website:
www.dole.gov.ph