Domestic Workers act


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A seminar on the Domestic Workers Act held on June 22, 2013 at Barangay Blue Ridge B, Quezon City and conducted by Atty. Thomas J.T. F. de Castro.

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Domestic Workers act

  1. 1. DOMESTIC WORKERS ACT (Batas Kasambahay) Republic Act No. 10361 and its Implementing Rules and Regulation ATTY. TOMMY DE CASTRO
  2. 2. Republic Act No. 10361 • Labor Code Sections 141 to 152 as amended by R.A. 7655. • New Civil Code Articles 1689 to 1699. • Signed in to law by President Benigno Aquino III on January 18, 2013 • Implementing Rules and Regulations was approved by DOLE, DILG, DSWD, PNP, SSS, Philhealth and Pag-Ibig on May 09, 2013 • Took effect fifteen (15) days after publication, (Philippine Star; May 19, 2013 issue) or on June 04, 2013.
  3. 3. Who is a Domestic Helper or Kasambahay? • Any person engaged in domestic work within an employment relationship, whether live in or live out arrangement. • Such as but not limited to: ▫ Yaya ▫ Cook ▫ Gardener ▫ Laundry Person
  4. 4. Who is a Domestic Helper or Kasambahay? • Excluding: ▫ Family Drivers; ▫ Service provider; ▫ Children who are under foster family arrangement; and ▫ Any person who performs domestic work only occasionally or sporadically and not on an occupational basis. Source: Section 3 (e) Implementing Rules and Regulation
  5. 5. Children under foster family arrangement • Refers to children who are living with a family or household of relative/s and are provided access to education and given an allowance incidental to education, transportation, school projects and activities. • Provided that the procedures and requirements as described by Repubic Act No. 10165 or the Foster Care Act of 2012 Source: Section 3 (a) Implementing Rules and Regulations
  6. 6. Examples of persons who are doing work occasionally or sporadically: • A janitress doing irregular laundry work for a household during rest day; • A construction worker doing casual gardening job for a household; or • A hospital nurse or a student doing baby-sitting job.
  7. 7. Hiring of Kasambahay • Hiring can be directly or through a Private Employment Agency duly licensed by the Department of Labor and Employment. • The cost of hiring shall be shouldered by the Employer • Recruitment or finders fee cannot be charged to Kasambahay
  8. 8. Pre-Employment Requirements • Medical certificate or a health certificate issued by local government health officer • Barangay and police clearance • NBI Clearance • NSO Birth Certificate or any other document showing age of the Kasambahay such as voter’s ID, baptismal record or passport.
  9. 9. Employment Contract • Must be in the language or dialect understood by both the Kasambahay and the employer, and shall include the followng: ▫ Duties and responsibilities ▫ Period of employment; ▫ Compensation; ▫ Authorized deductions; ▫ Hours of work and proportionate additional payment;
  10. 10. Employment Contract ▫ Rest days and allowable leaves; ▫ Board, lodging and medical attention; ▫ Agreements on deployment expenses, if any; ▫ Loan agreements, if any; ▫ Termination of employment; and ▫ Any other lawful condition agreed upon by the parties. ▫ * Form BK-1
  11. 11. Rights and Privileges of Kasambahay • Minimum wage • Daily and weekly rest periods • Service Incentive Leae • 13th month pay • Freedom of disposal of wages • SSS (RA 7655, August 19, 1993), Pag-ibig and Philhealth • Standard of treatment; • Board, lodging and medical attendance; • Right to Privacy
  12. 12. Rights and Privileges of Kasambahay • Access to outside communication; • Access to education and training; • Right to form, join, or assist labor organization; • Right to be provided a copy of employment contract; • Right to certificate of employment; • Right to exercise their own religious beliefs and cultural practices.
  13. 13. Minimum Wage • P 2,500 for NCR; • P 2,000 for cities and first class municipalities; • P 1,500 for those employed in other municipalities. Mode of Payment • Cash only.
  14. 14. Rest Period • 8 hours aggregate rest per day • 24 consecutive hours per week ▫ Employer and Employee to agree on the date  Religious grounds shall be respected  Offsetting a day of absence with a particular rest day  Waiving a particular rest day in return for an equivalent daily rate of pay  Accumulating rest days not exceeding 5 days; or  Other similar arrangements.
  15. 15. Service Incentive Leave • A Kasambahay who has rendered at least one (1) year of service is entitled to an annual five (5) days of leave with pay. • Not convertible to cash • Cannot be carried over to the next year.
  16. 16. 13th Month Pay • At least one (1) month service; • Not less than one-twelfth (1/12) of basic • Must be paid not later than December 24 of every year or upon separation of employment.
  17. 17. Social Security Benefits • SSS, Pag-ibig and Philhealth; • Kasambahay must have rendered at least one (1) month of service; • If Kasambahay is earning Five Thousand Pesos (P 5,000.00) or more, the Kasambahay shall shoulder a proportionate share in the premium payments. • If the Kasambahay acquires a loan and he/she is required to increase her premium payments, said increase shall be borne solely by the Kasamabhay.
  18. 18. Employer Loans • By written agreement, the Employer may extend assistance to the Kasambahay an amount not greater than six (6) months of his/her salaray; • By written agreement, the employer may deduct the loans from the wages of the Kasambahay. • Said deduction shall not exceed 20% of the his/her wages every month.
  19. 19. Standard of Treatment • Shall be treated with respect by the employer or any member of the household; • Should not be subject to any kind of abuse including repeated verbal or psychologial; • Should not be inflicted with any form of physical violence or harassment; • RPC, VAWC (RA 9262), Special Protection of Children Against Child Abuse, Exploitation and Disctimination (RA 7610 as amended by RA 9231), Anti-trafficiking in Persons Act of 2003.
  20. 20. Board, Lodging and Medical Attendance • At least three (3) adequate meals a day, taking into consideration religious beliefs and cultural practices; • Humane sleeping condition that respects privacy; • Appropriate rest and medical assistance in the form of first aid medicine for illness and injuries sustained during service without loss of benefits. • For live-out adequate rest place and sanitary facility. • In no case shall any of the above be withheld as a punishment.
  21. 21. Rights and Privileges of the Employer • To require submission of pre-employment documents; • To recover deployment expenses; • To demand replacement; and • To terminate employment.
  22. 22. Pay Slip
  23. 23. Prohibited Acts of the Employer The Employer is prohibited from: • withholding of wages; • Interference in disposal of wages; • Debt bondage; • Deposits for loss or damage; and • Assignment to non-household work.
  24. 24. Privileged Communication • All communication and information pertaining to the employer or members of the household shall be treated as privileged and confidential. • Except if the suit involves the employer or any member of the household in a crime against persons, property, personal liberty and security and chastity.
  25. 25. Temporary work for another household • Upon mutual agreement under the following conditions: ▫ There is an agreement for the task to be performed; ▫ Additional payment of not less than the minimum wage; ▫ Original employer shall be responsible for any liability incurred; ▫ Employer not charging an amount from the other household for the arrangement; and ▫ Not to exceed thirty (30) days.
  26. 26. Employment of Working Children • Working children shall not be subjected to: ▫ More than eight (8) hours of work a day or forty (40) hours per week; ▫ Work between 10:00p.m. to 6:00a.m.; and ▫ Work in hazardous or likely harmful to health, safety or morals of children. • Entitled to minimum wage. • Unlawful to employ children below fifteen (15) years of age.
  27. 27. Post Employment • If the term of the employment is specified in the contract, both parties may mutually agree upon notice to terminate the employment relationship before the expiration of the term. • In case the duration is not specified in the contract, both parties may terminate the employment relationship before the expiration of the term.
  28. 28. Termination – Initiated by Kasambahay The Kasambahay may terminate the employment relationship before the expiration of the term stated in the contract for any of the following causes: • Verbal or emotional abuse; • Inhumane treatment including physical abuse • Commission of a crime against the Kasambahay by the employer or any member of the household; • Ay disease prejudicial to the health of the Kasambahay, employer and members of the household; and • Other analogous circumstances.
  29. 29. Termination – Initiated by Employer The Employer may terminate the employment relationship before the expiration of the term stated in the contract for any of the following causes: • Misconduct or willful disobedience of a lawful order; • Gross or habitual neglect or inefficiency; • Fraud or willful breach of trust reposed by the Employer; • Commission of a crime or offense against the Employer or any immediate member of the employer’s family; • Violation of the terms and conditions of the contract and other standards set forth under this IRR; • Any disease prejudicial to the health of the Kasambahay, the Employer, or members of the household; and • Other analogous causes. Pregnancy is NOT a ground.
  30. 30. Certification of Employment • To be issued within five (5) days from request.
  31. 31. Registration • Employers are mandated to register their Kasambahays with the Barangay where their residence is situated. • DILG through National Barangay Operations Office shall issue a cicular prescribing the standard registration form and protocols. • There shall be a Kasambahay registration desk in the Barangay. • There shall be a Kasamabahay master list with the Barangay which shall be submitted to the Quezon City Peso.
  32. 32. Abuse • Sexual • Psychological • Economic • Abuse of Rights
  33. 33. Who may report abuse? • Kasambahay • Parents or guardian; • Ascendants, descendants or collateral relatives within fourth (4th) degree; • Social Workers from LSWDOs or DSWD field office; • Public officers from the Women and Children Protection Desks; • Barangay Officials; • Lawyer, counselor, therapist or healthcare provider of Kasambahay; • Two (2) concerned responsible citizen of the city or municipality where the abuse occurred who has personal knowledge.
  34. 34. Person to whom report be made • Any official of the Barangay • Social worker from LSWDO or DSWD Field Office • Police Officer from the Women and Children Protection Desk; or • Any officer of the PESO.
  35. 35. Settlement of Disputes • All labor related disputes shall be filed before th DOLE Field/Provincial/Regional Office having Jurisdiction over the workplace. • Shall go under thirty (30) day Single Entry Approach (SEnA) program to exhaust all efforts to settle. • If the SEnA fails, a mandatory conference not exceeding thirty (30) days shall be conducted by the DOLE Field/Provincial/Regional Office. • MR within ten (10) days; • Appeal to the Secretary of Labor within ten (10) days. • Decision of the Secretary of Labor shall be final and executory.
  36. 36. Unlawful Acts • Employment of Children below 15 years of age (Section 16, Batas Kasambahay) • Witholding of Wages of the Kasambahay (Section 28, Batas Kasambahay) • Interference in the Disposal of Wages of the Kasambahay (Section 27, Batas Kasambahay) • Requiring Deposits for Loss of Damage (Section 14, Batas Kasambahay) • Placing the Kasambahay under Debt Bondage (Section 15, Batas Kasambahay) • Charging another household for temporarily performed tasks (Section 23, Batas Kasambahay).
  37. 37. Penalties • 1st Offense Ten Thousand Pesos (P 10,000.00) • 2nd Offense Twenty Thousand Pesos (P 20,000.00) • 3rd Offencse Thirty Thousand Pesos (P 30,000.00) • 4th and succeedig offenses Forty Thousand Pesos (P 40,000.00) This is without prejudice to the filing of civil/criminal cases by the aggrieved party.
  38. 38. Offense against Working Children • Will be meted a penalty of one degree higher and shall be prohibited from hiring a child.
  39. 39. Thank you!