Dole batas kasambahay


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Dole batas kasambahay

  1. 1. Department of Labor and Employment Bureau of Workers with Special Concerns BATAS KASAMBAHAYBATAS KASAMBAHAY Republic Act No. 10361Republic Act No. 10361
  3. 3. 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
  4. 4. How long did it take Congress to pass theHow long did it take Congress to pass the law?law? 16 years to pass the Batas Kasambahay The last legislation was in 1993 (19 years ago). This was Republic Act No. 7655 (An Act Increasing the Minimum Wage of Househelpers)
  5. 5. Development and InitiativesDevelopment and Initiatives 2010 − The President, in his first SONA, called for legislation to benefit domestic workers 2011 − Adoption of ILO Convention 189 (Decent Work for Domestic Workers)  Philippines chaired the two-year double discussion on the Convention and Recommendation
  6. 6. Development and InitiativesDevelopment and Initiatives 2012 − President Aquino ratified the Convention and Senate concurred 2013 − It took only two years for Congress to pass law on domestic workers
  7. 7. Administrative Order No. 207Administrative Order No. 207 BWSC − Program Manager to ensure effective implementation of Batas Kasambahay and its IRR Take the lead in facilitating the promotion of the law’s social aspect and in advancing the welfare of the Kasambahay, esp. working children
  8. 8. Administrative Order No. 207Administrative Order No. 207  Coordinate with DSWD and other agencies in the conduct of rescue and rehabilitation of Kasambahay and in monitoring children under foster family arrangement  Submit quarterly reports to the Secretary on the progress of the implementation of the Batas Kasambahay
  9. 9. R.A. 10361R.A. 10361 ((Batas Kasambahay)Batas Kasambahay) Salient FeaturesSalient Features
  10. 10. Refers to any person engaged in domestic work within an employment relationship Definition of KasambahayDefinition of Kasambahay
  11. 11. CoverageCoverage  General househelp  Yaya  Cook  Gardener  Laundry person  Person who regularly performs domestic work in one household on an occupational basis
  12. 12. 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
  13. 13. Employment of Children as KasambahayEmployment of Children as Kasambahay 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
  14. 14. Hiring of KasambahayHiring of Kasambahay  Direct Hiring  Private employment agencies (PEA)
  15. 15. 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.
  16. 16. Pre-employment requirementsPre-employment requirements  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
  17. 17. Employment contractEmployment 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
  18. 18. Contents of Employment ContractContents of Employment 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
  19. 19. Mandatory benefitsMandatory 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
  20. 20. Monthly minimum wageMonthly minimum wage National Capital Region - P2,500.00 Cities and 1st class - P2,000.00 municipalities Other municipalities - P1,500.00
  21. 21. SSS, PhilHealth, and Pag-IBIG coverageSSS, PhilHealth, and Pag-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.
  22. 22. 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
  23. 23. Other rights and privilegesOther rights and privileges  Standard of Treatment  Board, lodging, and medical attendance  Right to Privacy  Access to communication facilities  Access to education and training
  24. 24. Other rights and privilegesOther 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
  25. 25. Provisions protecting employersProvisions 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  Prohibit Kasambahay from publicly disclosing information of the employer
  26. 26. Causes for termination byCauses 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
  27. 27. Causes for termination by EmployerCauses for termination by Employer  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
  28. 28. Entitlements ofEntitlements of kasambahaykasambahay unjustlyunjustly 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
  29. 29. Liabilities ofLiabilities of kasambahaykasambahay who leaves thewho leaves the employer without justifiable reasonemployer without justifiable reason 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
  30. 30. Liability of Private Employment AgenciesLiability 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
  31. 31. Responsibilities of PEAsResponsibilities of PEAs a. 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.
  32. 32. Registration System for KasambahayRegistration 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  Disclosure of information shall be subject to RA 10173 (Data Privacy Act of 2012)
  33. 33. Rescue and Rehabilitation of AbusedRescue and Rehabilitation of Abused KasambahayKasambahay  Rescue by municipal/city social welfare officer in coordination with barangay officials and law enforcement personnel  Rehabilitation services by Local Social Welfare & Dev’t Offices (LSWDOs):  Temporary shelter  Counselling  Free legal services  Medical or psychological services  Livelihood and skills training
  34. 34. Mechanism for settlement of disputesMechanism for settlement 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
  35. 35. Unlawful actsUnlawful 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. Assignment to non-household work g. Charging another household for temporarily performed tasks
  36. 36. Penalties for unlawful actsPenalties for unlawful acts  punishable with administrative fine from P10,000 to P40,000 to be imposed by the DOLE Regional Offices.
  37. 37. Other remedies for unlawful actsOther remedies for unlawful acts The aggrieved party may file the appropriate civil or criminal action before the regular courts.
  38. 38. For more information…For more information… visit the dole website: