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LABOR
Submitted by
Professor
6/21/2013
BATAS KASAMBAHAY
INTRODUCTION
Republic Act 10361, the Domestic Workers Act or the Batas Kasambahay, was promulgated
on January 18, 2013 and took effect on June 4, 2013. Among its underlying principles is the need of
the state to protect the rights of the Kasambahay against the abuse, harassment, violence, economic
exploitation and performance of work that is hazardous to their physical and mental health.
The Kasambahay are the general household helpers yaya, cook, gardener, laundry person,
or any person who regularly performs domestic work whether on a live-in or live-out arrangement.
The law specifically enumerates those which are covered by the Kasambahay Law and excludes
those who are service providers, family drivers, children under foster family arrangement, and those
who work occasionally or sporadically within the household.
The Republic Act 10361 consists mainly which will be briefly discussed below are:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
HOW TO HIRE
The Kasambahay can be hired directly by the employer or indirectly through a licensed
Private Employment Agency (PEA). If hired through PEA, the employer shall pay for the finders
fees. Further, the employer shall pay for the transportation costs of the kasambahay from his or her
place of origin.
Prior to the execution of the employment contract, the employer may require the
Kasambahay to submit her/his medical certificate, barangay and police clearance, NBI clearance and
birth certificate. The cost of the foregoing shall be borne by the prospective employer or the agency,
as the case may be.
Before a Kasambahay starts work, an employment contract between him/her and the
employer should be signed. It should be in a language understood by both parties. Under the
employment contract, the duties and responsibilities of the Kasambahay should be clearly
enumerated.
The Contract of Employment should also include but not limited to:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
Period of Employment;
Compensation;
Authorized Deductions;
Hours of Work and Proportional Payment;
Rest Days and Leaves;
Board, Lodging and Medical Attention;
Agreement on Deployment Expenses, if any
Loan Agreement, if any;
Termination of employment; and
Any other lawful condition agreed upon by both parties.
The absence of an employment contract shall not deprive the Kasambahay of his/her rights
and entitlements guaranteed under the Law. Further, if the Kasambahay is below 18 years of age,
the contract shall be signed by a parent or guardian, with the punong barangay or barangay officer
serving as witness.
Source:
1. www.lawphil.net
2. www.abs-cbnnews.com
3. www.dole.gov.ph
6/21/2013
b. LOANS
The Employer may extend a loan to the kasambahay up to an amount not exceeding 6
months of wages. The payment of the loans shall not exceed 20% of the wages every month. Debt
bondage is expressly prohibited.
d. EDUCATION
The Kasambahay shall be given the opportunity to finish his/her basic education, which
consists of elementary and high school. He or she shall also be allowed alternative learning systems
and if feasible higher education or technical-vocational training.
The employer is not required to shoulder the education of the kasambahay. However, if the
Kasambahy should pursue his/her studies, the employer should adjust the work schedule of the
kasambahay.
2.
3.
Forfeiture of 15-day unpaid salary should domestic worker leave residence of employer
without any justifiable reasons; and,
4.
TERMINATION OF CONTRACT
The following are valid grounds for the termination of the Contract:
a.
b.
Source:
1. www.lawphil.net
2. www.abs-cbnnews.com
3. www.dole.gov.ph
6/21/2013
c.
d.
e.
f.
g.
h.
Pregnancy and Marriage of the Kasambahay are not part of the causes for valid
termination.
Source:
1. www.lawphil.net
2. www.abs-cbnnews.com
3. www.dole.gov.ph