republic of the philippines department of labor and employment bureau of working conditions batas...
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Republic of the PhilippinesDepartment of Labor and Employment
BUREAU OF WORKING CONDITIONS
BATAS KASAMBAHAY Republic Act No. 10361
TIMELINE
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
COVERAGE General househelp Yaya Cook Gardener Laundry person Person who regularly
performs domestic work in one household on an occupational basis
NOT 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 CHILDRENas KASAMBAHAY
EMPLOYABLE AGE: 15 years old and above
CONDITIONS:Hours of work - 8 hours per
day 40 hours per week
No work from 10 P.M. - 6 A.M.No hazardous workAccess to education and
training
HIRING OF KASAMBAHAY
Direct Hiring
Private employment agencies (PEA)
COST OF HIRING Employer pays the cost of
hiring, whether hired thru PEA or thru direct hiring
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 without justifiable reason within 6 months
PRE-EMPLOYMENT REQUIREMENTS
Medical or health certificate issued by a local government health officer
Barangay and police clearance NBI clearance Authenticated Birth Certificate,
Voter’s ID, Baptismal Record, or Passport showing the kasambahay’s age
NOTE: The cost shall be paid by the prospective employer or PEA
REPLACEMENT of KASAMBAHAY by PEA The employer can demand a replacement
if the kasambahay:
1. is found to be suffering from an incurable or contagious disease, or mental illness
2. abandons the job without justifiable cause, voluntarily resigns, commits theft, or any other analogous acts
3. is physically or mentally incapable of discharging the minimum requirements of the job
NOTEs: (1) Within one month from the day the kasambahay reported for work; (2) Employer is entitled to 75% of the fees paid to PEA if no replacement after 1 month from request
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 theEMPLOYMENT CONTRACT 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
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
National Capital Region - P 2, 500.00
Cities and 1st class - P 2, 000.00 municipalities
Other municipalities - P 1, 500.00
SSS, PHILHEALTH, andPAG-IBIG COVERAGE
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 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
ASSIGNMENT TO NON-HOUSEHOLD WORK
The employer shall NOT assign the kasambahay to work, whether in full or part-time, in a commercial, industrial, or agricultural enterprise
If assigned to non-household work, the kasambahay is entitled to the applicable wage rate for agricultural or non-agri workers
EXTENT OF DUTY OUTSIDE THE HOUSEHOLD The Kasambahay may temporarily perform a
task for the benefit of another household under the following conditions:
(a) There is an AGREEMENT between the Kasambahay and the employer for the purpose, particularly on the task/s to be performed;
(b) The Kasambahay is entitled to ADDITIONAL PAYMENT of not less than the applicable minimum wage rate;
(c) The original employer shall be responsible for any liability incurred by the Kasambahay on account of such arrangement; and
(d) The original employer is not charging any amount from the other household for the arrangement.
EXTENT OF DUTY OUTSIDE THE HOUSEHOLD
The temporary performance of work shall not exceed 30 days per assignment.
The other household where the kasambahay is temporarily assigned is solidarily liable with the original employer for any non-payment of wages during such temporary assignment.
It shall be unlawful for the original employer to charge any amount from the said household where the service of the Kasambahay was temporarily performed.
OTHER RIGHTS and PRIVILEGES
Standard of Treatment
Board, lodging, and medical attendance
Right to Privacy
Access to communication facilities
Access to education and training
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
OTHER RIGHTS and PRIVILEGES
PROVISIONS PROTECTING 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 from PEA Prohibit Kasambahay from publicly
disclosing information of the employer
CAUSES FOR TERMINATION BY KASAMBAHAY 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
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
CAUSES FOR TERMINATION BY EMPLOYER
ENTITLEMENTS OF KASAMBAHAY UNJUSTLY DISMISSED BY THE EMPLOYER
Outright payment of earned
wage Indemnity benefit in the
form of wage equivalent to 15 days work
LIABILITIES OF KASAMBAHAY WHO LEAVES THE EMPLOYER WITHOUT JUSTIFIABLE REASON
Forfeiture of wage equivalent to 15 days work
Reimbursement of deployment expenses, if the employment contract is terminated within six (6) months from employment
LIABILITY OF PRIVATE EMPLOYMENT AGENCIES
JOINTLY and SOLIDARILY liable with the principal employer for any unpaid wage, wage-related benefits, and other benefits due the kasambahay
RESPONSIBILITIES of PEAsa.Ensure that kasambahay is not charged
recruitment or placement fees
b.Ensure that employment agreement stipulates the prescribed terms and conditions of employment
c.Provide pre-employment orientation briefing
d.Keep copies of employment contracts
e.Assist the kasambahay on complaints against employers
f. Cooperate with government in rescue operations involving abused or exploited kasambahay
REGISTRATION SYSTEM for KASAMBAHAY
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. He, together with SSS, Pag-IBIG and PhilHealth representatives, shall conduct a COMMON REGISTRATION of all Kasambahay nationwide.
REGISTRATION SYSTEM for KASAMBAHAY
START-UP REGISTRATION shall be held in a City or Municipal Hall or Plaza, organized by the City or Municipal Mayor immediately after the promulgation of the IRR
The Punong Barangay shall designate a Registration/Kasambahay Desk in the Barangay Hall to accommodate CONTINUOUS REGISTRATION by the employers.
REGISTRATION SYSTEM for KASAMBAHAY
KASAMBAHAY MASTERLIST
The Punong Barangay shall maintain and update the Kasambahay Masterlist. The barangay through the Kasambahay Desks shall submit reports to the LGUs, through the PESOs, on data regarding registration of the Kasambahay.
The PESOs shall submit a monthly report to the DILG for monitoring and data analysis. The report shall be made available to the DOLE and other concerned government agencies.
REGISTRATION SYSTEM for KASAMBAHAY
DISCLOSURE OF INFORMATION
The processing of personal information shall be allowed, subject to compliance with the requirements of Republic Act No. 10173 (Data Privacy Act of 2012) and other laws allowing disclosure of information to the public and adherence to the principles of transparency, legitimate purpose and proportionality.
ROLE of the PESO REGISTRATION
The barangay shall submit reports to the LGUs, through the PESOs. The PESOs shall submit a monthly report to the DILG which shall be made available to the DOLE
ADVOCACYCopies of the Standard Employment Contract shall be made available to the public for free through the LGUs, specifically through the barangay and the PESOs
ROLE of the PESO REPORTING OF ABUSE
Any act of abuse committed against a kasambahay may be reported to any officer of the PESO, aside from any barangay official, DSWD social worker, and police officer.
EMPLOYMENT FACILITATION
RESCUE and REHABILITATION of ABUSED KASAMBAHAY Rescue by municipal/city social
welfare officer in coordination with barangay officials and law enforcement personnel
Rehabilitation services by LSWDOs:
Temporary shelter Counselling Free legal services Medical or psychological services Livelihood and skills training
MECHANISM forSETTLEMENT of DISPUTES
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 Employment of children below
15 years old Requiring deposits for loss or
damage Placing the kasambahay under
debt bondage Interference in disposal of
wages Withholding of wages Charging another household for
temporarily performed tasks
PENALTIES forUNLAWFUL ACTS
punishable with administrative fine from P10,000 to P40,000 to be imposed by the DOLE Regional Offices
OTHER REMEDIES for UNLAWFUL ACTS
The aggrieved party may file the appropriate civil or criminal action before the regular courts.
FOR MORE INFORMATION…
visit the dole website:
www.dole.gov.ph