Labor Law: Republic Act No. 10361, Kasambahay Law (January 18, 2013)
R.A. 10361 Batas Kasambahay
January 18, 2013
ARTICLE I
GENERAL PROVISIONS
SEC. 1. Short Title. – This Act shall be known as the “Domestic Workers Act” or “Batas Kasambahay”.
SEC. 2. Declaration of Policies. – It is hereby declared that:
(a) The State strongly affirms labor as a primary social force and is committed to respect, promote, protect and realize the fundamental principles and rights at work including, but not limited to, abolition of child labor, elimination of all forms of forced labor, discrimination in employment and occupation, and trafficking in persons, especially women and children;
(b) The State adheres to internationally accepted working conditions for workers in general, and establishes labor standards for domestic workers in particular, towards decent employment and income, enhanced coverage of social protection, respect for human rights and strengthened social dialogue;
(c) The State recognizes the need to protect the rights of domestic workers against abuse, harassment, violence, economic exploitation and performance of work that is hazardous to their physical and mental health; and
(d) The State, in protecting domestic workers and recognizing their special needs to ensure safe and healthful working conditions, promotes gender-sensitive measures in the formulation and implementation of policies and programs affecting the local domestic work.
SEC. 3. Coverage. – This Act applies to all domestic workers employed and working within the country.
SEC. 4. Definition of Terms. – As used in this Act, the term:
(a) Debt bondage refers to the rendering of service by the domestic worker as security or payment for a debt where the length and nature of service is not clearly defined or when the value of the service is not reasonably applied in the payment of the debt.
(b) Deployment expenses refers to expenses that are directly used for the transfer of the domestic worker from place of origin to the place of work covering the cost of transportation. Advances or loans by the domestic worker are not included in the definition of deployment expenses.
(c) Domestic work refers to work performed in or for a household or households.
(d) Domestic worker or “Kasambahay” refers to any person engaged in domestic work within an employment relationship such as, but not limited to, the following: general househelp, nursemaid or “yaya”, cook, gardener, or laundry person, but shall exclude any person who performs domestic work only occasionally or sporadically and not on an occupational basis.
The term shall not include children who are under foster family arrangement, and are provided access to education and given an allowance incidental to education, i.e. “baon”, transportation, school projects and school activities.
(e) Employer refers to any person who engages and controls the services of a domestic worker and is party to the employment contract.
(f) Household refers to the immediate members of the family or the occupants of the house that are directly provided services by the domestic worker.
(g) Private Employment Agency (PEA) refers to any individual, legitimate partnership, corporation or entity licensed to engage in the recruitment and placement of domestic workers for local employment.
(h) Working children, as used under this Act, refers to domestic workers who are fifteen (15) years old and above but below eighteen (18) years old.
ARTICLE II
RIGHTS AND PRIVILEGES
SEC. 5. Standard of Treatment. – The employer or any member of the household shall not subject a domestic worker or “kasambahay” to any kind of abuse nor inflict any form of physical violence or harassment or any act tending to degrade the dignity of a domestic worker.
SEC. 6. Board, Lodging and Medical Attendance. – The employer shall provide for the basic necessities of the domestic worker to include at least three (3) adequate meals a day and humane sleeping arrangements that ensure safety.
The employer shall provide appropriate rest and assistance to the domestic worker in case of illnesses and injuries sustained during service without loss of benefits.
At no instance shall the employer withdraw or hold in abeyance the provision of these basic necessities as punishment or disciplinary action to the domestic worker.
SEC. 7. Guarantee of Privacy. – Respect for the privacy of the domestic worker shall be guaranteed at all times and shall extend to all forms of communication and personal effects. This guarantee equally recognizes that the domestic worker is obliged to render satisfactory service at all times.
SEC. 8. Access to Outside Communication. – The employer shall grant the domestic worker access to outside communication during free time: Provided, That in case of emergency, access to communication shall be granted even during work time. Should the domestic worker make use of the employer’s telephone or other communication facilities, the costs shall be borne by the domestic worker, unless such charges are waived by the employer.
SEC. 9. Right to Education and Training. – The employer shall afford the domestic worker the opportunity to finish basic education and may allow access to alternative learning systems and, as far as practicable, higher education or technical and vocational training. The employer shall adjust the work schedule of the domestic worker to allow such access to education or training without hampering the services required by the employer.
SEC. 10. Prohibition Against Privileged Information. – All communication and information pertaining to the employer or members of the household shall be treated as privileged and confidential, and shall not be publicly disclosed by the domestic worker during and after employment. Such privileged information shall be inadmissible in evidence except when the suit involves the employer or any member of the household in a crime against persons, property, personal liberty and security, and chastity.
ARTICLE IV
EMPLOYMENT – TERMS AND CONDITIONS
SEC. 19. Health and Safety. – The employer shall safeguard the health and safety of the domestic worker in accordance with laws, rules and regulations, with due consideration of the peculiar nature of domestic work.
SEC. 20. Daily Rest Period. – The domestic worker shall be entitled to an aggregate daily rest period of eight (8) hours per day.
SEC. 21. Weekly Rest Period. – The domestic worker shall be entitled to at least twenty-four (24) consecutive hours of rest in a week. The employer and the domestic worker shall agree in writing on the schedule of the weekly rest day of the domestic worker: Provided, That the employer shall respect the preference of the domestic worker as to the weekly rest day when such preference is based on religious grounds. Nothing in this provision shall deprive the domestic worker and the employer from agreeing to the following:
(a) Offsetting a day of absence with a particular rest day;
(b) Waiving a particular rest day in return for an equivalent daily rate of pay;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.
SEC. 22. Assignment to Nonhousehold Work. – No domestic worker shall be assigned to work in a commercial, industrial or agricultural enterprise at a wage rate lower than that provided for agricultural or nonagricultural workers. In such cases, the domestic worker shall be paid the applicable minimum wage.
SEC. 23. Extent of Duty. – The domestic worker and the employer may mutually agree for the former to temporarily perform a task that is outside the latter’s household for the benefit of another household. However, any liability that will be incurred by the domestic worker on account of such arrangement shall be borne by the original employer. In addition, such work performed outside the household shall entitle the domestic worker to an additional payment of not less than the existing minimum wage rate of a domestic worker. It shall be unlawful for the original employer to charge any amount from the said household where the service of the domestic worker was temporarily performed.
SEC 24. Minimum Wage. – The minimum wage of domestic workers shall not be less than the following:
(a) Two thousand five hundred pesos (P2,500.00) a month for those employed in the National Capital Region (NCR);
(b) Two thousand pesos (P2,000.00) a month for those employed in chartered cities and first class municipalities; and
(c) One thousand five hundred pesos (P1,500.00) a month for those employed in other municipalities.
After one (1) year from the effectivity of this Act, and periodically thereafter, the Regional Tripartite and Productivity Wage Boards (RTPWBs) shall review, and if proper, determine and adjust the minimum wage rates of domestic workers.
SEC 25. Payment of Wages. – Payment of wages shall be made on time directly to the domestic worker to whom they are due in cash at least once a month. The employer, unless allowed by the domestic worker through a written consent, shall make no deductions from the wages other than that which is mandated by law. No employer shall pay the wages of a domestic worker by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than the cash wage as provided for under this Act.
The domestic worker is entitled to a thirteenth month pay as provided for by law.
SEC. 26. Pay Slip. – The employer shall at all times provide the domestic worker with a copy of the pay slip containing the amount paid in cash every pay day, and indicating all deductions made, if any. The copies of the pay slip shall be kept by the employer for a period of three (3) years.
SEC. 27. Prohibition on Interference in the Disposal of Wages. – It shall be unlawful for the employer to interfere with the freedom of any domestic worker to dispose of the latter’s wages. The employer shall not force, compel or oblige the domestic worker to purchase merchandise, commodities or other properties from the employer or from any other person, or otherwise make use of any store or services of such employer or any other person.
SEC 28. Prohibition Against Withholding of Wages. – It shall be unlawful for an employer, directly or indirectly, to withhold the wages of the domestic worker. If the domestic worker leaves without any justifiable reason, any unpaid salary for a period not exceeding fifteen (15) days shall be forfeited. Likewise, the employer shall not induce the domestic worker to give up any part of the wages by force, stealth, intimidation, threat or by any other means whatsoever.
SEC. 29. Leave Benefits. – A domestic worker who has rendered at least one (1) year of service shall be entitled to an annual service incentive leave of five (5) days with pay: Provided, That any unused portion of said annual leave shall not be cumulative or carried over to the succeeding years. Unused leaves shall not be convertible to cash.
SEC. 30. Social and Other Benefits. – A domestic worker who has rendered at least one (1) month of service shall be covered by the Social Security System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home Development Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in accordance with the pertinent provisions provided by law.
Premium payments or contributions shall be shouldered by the employer. However, if the domestic worker is receiving a wage of Five thousand pesos (P5,000.00) and above per month, the domestic worker shall pay the proportionate share in the premium payments or contributions, as provided by law.
The domestic worker shall be entitled to all other benefits under existing laws.
SEC. 31. Rescue and Rehabilitation of Abused Domestic Workers. – Any abused or exploited domestic worker shall be immediately rescued by a municipal or city social welfare officer or a social welfare officer from the Department of Social Welfare and Development (DSWD) in coordination with the concerned barangay officials. The DSWD and the DILG shall develop a standard operating procedure for the rescue and rehabilitation of abused domestic workers, and in coordination with the DOLE, for possible subsequent job placement.
RULE IV
RIGHTS OF THE KASAMBAHAY
SECTION 1. Rights and Privileges of Kasambahay. –
The rights and privileges of the Kasambahay, are as follows:
(b) Other mandatory benefits, such as the daily and weekly rest periods, service incentive leave, and 13th month pay;
(c) Freedom from employers’ interference in the disposal of wages;
(d) Coverage under the SSS, PhilHealth and Pag-IBIG laws;
(e) Standard of treatment;
(f) Board, lodging and medical attendance;
(g) Right to privacy;
(h) Access to outside communication;
(i) Access to education and training;
(j) Right to form, join, or assist labor organization;
(k) Right to be provided a copy of the employment contract as required in Section 7, Rule II;
(l) Right to certificate of employment as required in Section 5, Rule VII;
(m) Right to terminate the employment as provided in Section 2, Rule VII; and
SECTION 2. Minimum Wage. – The minimum wage of Kasambahay shall not be less than the following:
(b) Two Thousand Pesos (Php2,000.00) a month for those employed in cities and first-class municipalities; and
(c) One Thousand Five Hundred Pesos (Php1,500.00) a month for those employed in other municipalities.
After one (1) year from the effectivity of the Batas Kasambahay and periodically thereafter, the Regional Tripartite Wages and Productivity Boards (RTWPBs) shall review and if proper, determine and adjust the minimum wage rates of Kasambahay in accordance with their rules and regulations taking into account the peculiarities of the Kasambahay employment arrangement.
SECTION 3. Mode of Payment of Wages. – 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.
SECTION 4. Frequency of Payment of Wages. – The Kasambahay shall be paid his/her wages at least once a month.
SECTION 5. Daily Rest Period. – The Kasambahay shall be entitled to an aggregate daily rest period of eight (8) hours per day.
SECTION 6. Weekly Rest Period. – The Kasambahay shall be entitled to at least twenty-four (24) consecutive hours of rest in a week. The employer and the Kasambahay shall agree in writing on the schedule of the weekly rest day but the preference of the Kasambahay, when based on religious grounds, shall be respected.
(a) Offsetting a day of absence with a particular rest day;
(b) Waiving a particular rest day in return for an equivalent daily rate of pay;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.
SECTION 7. Service Incentive Leave. – A Kasambahay who has rendered at least one (1) year of service shall be entitled to an annual service incentive leave of at least five (5) days with pay.
Any unused portion of said annual leave shall not be cumulative or carried over to the succeeding years. Unused leaves shall not be convertible to cash.
SECTION 8. Thirteenth-Month Pay. – The Kasambahay who has rendered at least one (1) month of service is entitled to a thirteenth-month pay which shall not be less than one-twelfth (1/12) of his/her total basic salary earned in a calendar year.
The thirteenth-month pay shall be paid not later than December 24 of every year.
SECTION 9. Social Security Benefits. – A Kasambahay who has rendered at least one (1) month of service shall be covered by the Social Security System (SSS), Employees Compensation Commission (ECC), Philippine Health Insurance Corporation (PhilHealth), and Home Development Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in accordance with their respective laws, rules and regulations.
Benefits under the SSS include sickness, maternity, disability, retirement, death and funeral. A unified benefit package under PhilHealth includes Inpatient Hospital Care and Outpatient Care.
Mandatory premium payments or contributions shall be shouldered by the employer. However, if the Kasambahay is receiving a monthly wage rate of Five Thousand Pesos (Php5,000.00) and above, the Kasambahay shall pay the proportionate share in the premium payments or contributions, as provided by law.
In the event the Kasambahay avails of certain loan privileges from Pag-IBIG Fund which require the payment of additional or upgraded contributions, the said additional or upgraded contributions shall be shouldered solely by the Kasambahay. The SSS, Pag-IBIG and PhilHealth shall develop a unified system of registration and enrollment within six (6) months from the issuance of this IRR.
SECTION 10. Deduction for Loans/Debts. – 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. 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. This Section shall not apply to working children.
SECTION 11. Standard of Treatment. – The Kasambahay shall be treated with respect by the employer or any member of the household. He/she shall not be subjected to any kind of abuse, including repeated verbal or psychological, nor be inflicted with any form of physical violence or harassment or any act tending to degrade his/her dignity, as defined under the Revised Penal Code, Violence Against Women and their Children Law (RA 9262), Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act (RA 7610) as amended by RA 9231, Anti-Trafficking in Persons Act of 2003 (RA 9208), and other applicable laws.
SECTION 12. Board, Lodging and Medical Attendance. – The Kasambahay shall be provided by the employer free basic necessities to include the following:
(b) Humane sleeping condition that respects the person’s privacy for live-in arrangement; and
(c) Appropriate rest and medical assistance, including first-aid medicine, in case of illnesses and injuries sustained during service without loss of benefits.
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.
SECTION 13. Guarantee of Privacy. – The Kasambahay shall, at all times, be respected of his/her privacy, including his/her privacy of communication and personal effects.
SECTION 14. Access to Outside Communication. – The Kasambahay shall be granted access to outside communication during free time. In case of emergency, access to communication shall be granted even during work time.
Should the Kasambahay use the employer’s telephone or other communication facilities, the costs shall be borne by the Kasambahay, unless waived by the employer.
SECTION 15. Opportunities for Education and Training. – The Kasambahay shall be afforded the opportunity to finish basic education, consisting of elementary and secondary education. He/she may be allowed access to alternative learning systems and, as far as practicable, higher education or technical vocational education and training.
The employer shall adjust the work schedule of the Kasambahay to allow his/her access to education or training without hampering the services required by the employer.
Access to education may include financial assistance at the option of the employer. The Department of Education (DepEd) shall ensure continued access of Kasambahay to alternative learning system education.
SECTION 16. Membership in Labor Organization. – The Kasambahay shall have the right to join a labor organization of his/her own choosing for purposes of mutual aid and collective negotiation.
The Kasambahay shall be afforded opportunity to attend organization meetings.
The Regional Tripartite Industrial Peace Council (RTIPC), chaired by the DOLE Regional Director, shall create within the council a sub-committee to ensure adequate representation of the Kasambahay in social dialogue on issues and concerns peculiar to Kasambahay work and their welfare.
RULE V
RIGHTS AND OBLIGATIONS OF THE EMPLOYER
SECTION 6. Prohibited Deductions. – Other than those mandated by law, the employer shall not deduct any amount from the wages of the Kasambahay without his/her written consent or authorization; provided that the deduction for loss or damage is made under the following conditions:
(a) The Kasambahay is clearly shown to be responsible for the loss or damage;
(b) The Kasambahay is given reasonable opportunity to show cause why deduction should not be made;
(c) The total amount of such deductions is fair and reasonable and shall not exceed the actual loss or damage; and
(d) The deduction from the wages of the Kasambahay does not exceed 20% of his/her wages in a month.
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