BATAS KASAMBAHAY BATAS KASAMBAHAY BATAS KASAMBAHAY BATAS KASAMBAHAY Republic Act No. 10361 Republic Act No. 10361 Timeline Timeline 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 Coverage Coverage gg General househelpp Yaya Cook Cook Gardener Laundry person Person who regularly performs domestic work in one household on an occupational basis Not covered Not covered Service providers Service providers Family drivers Children under foster family arrangement Person who performs work occasionally or e so o pe o s o occas o a y o sporadically and not on an occupational basis bas s Employment of Children as Employment of Children as Kasambahay Kasambahay Employable age: Fifteen (15) years old and above C diti 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 Access to education and training Hiring of Hiring of Kasambahay Kasambahay Direct Hiring Direct Hiring Private employment agencies (PEA) Cost of Hiring Cost of Hiring Employer pays the cost of hiring, whether hired thru PEA Kasambahay shall NOT be charged of any g recruitment or finders fees Employer pays for deployment expenses p y p y p y p exception: employer may recover the deployment costs when kasambahay p y y leaves w/ o justifiable reason w/ n 6 mos. Pre Pre--employment requirements employment requirements Medical or health certificate issued by a ffi local government health officer Barangay and police clearance NBI clearance Authenticated birth certificate, voters identification card, baptismal record, or passport showing the kasambahays age. NOTE: The cost shall be paid by the prospective employer or PEA Employment contract Employment contract Requirement of employment contract q p y written in language understood by employer and kasambahay If Kasambahay is below 18 yrs. old, contract shall be signed by parent or guardian g y p g Upon request, Punong Barangay shall read and explain contents of contract and explain contents of contract Contents of Employment Contract Contents of Employment Contract Duties and responsibilities P i d f l t Period of employment Compensation Authorized deductions Authorized deductions Hours of work Rest days and allowable leaves es 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 wage Monthly minimum wage Daily rest period of 8 hours Weekly rest period 5 days annual SIL with pay 5 days annual SIL with pay 13 th month pay SSS, PhilHealth and Pag-IBIG benefits Monthly minimum wage Monthly minimum wage National Capital Region - P2 500 00 National Capital Region P2,500.00 Cities and 1st class - P2,000.00 municipalities Other municipalities - P1,500.00 Other municipalities P1,500.00 SSS, SSS, PhilHealth PhilHealth, and , and Pag Pag--IBIG coverage IBIG 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 in kasambahay will pay his/her share in the premium contributions. Payment of Wages Payment of Wages In cash, at least once a month No payment by promissory note, voucher, coupon token ticket chit 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 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 training ccess o educa o a d a g 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 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 practices p ac ces Provisions protecting employers Provisions protecting employers Require pre-employment documents prior to employment Recover deployment expenses Forfeiture of 15-day unpaid salary should Kasambahay leave without any justifiable reason reason Terminate the employment on justifiable grounds. grounds. Demand replacement Prohibition against privileged information Prohibition against privileged information Causes for termination by Causes for termination by Kasambahay 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 y, p y , / household Other analogous causes g Causes for termination by Employer Causes for termination by Employer Misconduct or willful disobedience of lawful order in connection with the work 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 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 Other analogous causes Entitlements of Entitlements of kasambahay kasambahay unjustly unjustly dismissed by the employer dismissed by the employer dismissed by the employer dismissed by the employer a Outright payment of earned wage a. Outright payment of earned wage b. Indemnity benefit in the form of wage equivalent to 15 days work Liabilities of Liabilities of kasambahay kasambahay who leaves the who leaves the employer without justifiable reason employer without justifiable reason employer without justifiable reason employer without justifiable reason a Forfeiture of wage equivalent to 15 days a. Forfeiture of wage equivalent to 15 days work b. To reimburse the deployment expenses, if the employment contract is terminated within six (6) months from employment Liability of Private Employment Agencies Liability of Private Employment Agencies jointly and solidarily liable with the jointly and solidarily liable with the principal employer for any unpaid l t d b fit d wage, wage-related benefits, and other benefits due the kasambahay Responsibilities of PEAs Responsibilities of PEAs a. Ensure that kasambahay is not charged it t l t f recruitment or placement fees b. Ensure that employment agreement stipulates the prescribed terms and conditions of employment prescribed terms and conditions of employment c. Provide pre-employment orientation briefing d. Keep copies of employment contracts d. eep cop es o e p oy e co ac s e. Assist the kasambahay on complaints against employers f. Cooperate with government in rescue operations involving abused or exploited kasambahay. Registration System for Registration System for Kasambahay 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 Disclosure of information shall be subject to RA 10173 (Data Privacy Act of 2012) ( y ) Rescue and Rehabilitation of Rescue and Rehabilitation of Abused Abused Kasambahay Kasambahay Abused Abused Kasambahay Kasambahay Rescue by municipal or city social welfare officer i i i i ffi i in coordination with barangay officials and law enforcement 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 disputes Mechanism for settlement of disputes All labor-related disputes shall be filed at p DOLE Regional Office DOLE RO h ll h t ll ili ti DOLE RO shall exhaust all conciliation and mediation efforts before decision is d d 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 c. Placing the kasambahay under debt bondage d Interference in disposal of wages 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 punishable with administrative fine from P10,000 to P40,000 to be i d b th DOLE R i l imposed by the DOLE Regional Offices. Other remedies for unlawful acts Other remedies for unlawful acts The aggrieved party may file the The aggrieved party may file the appropriate civil or criminal action b f th l t before the regular courts. For more information For more information visit the dole website: visit the dole website: www.dole.gov.ph