through the efforts of DOLE MunTaParLas

1. Department of Labor and Employment
Bureau of Workers with Special Concerns
BATAS KASAMBAHAYBATAS KASAMBAHAY
Republic Act No. 10361Republic Act No. 10361

2. BACKGROUNDBACKGROUND

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. 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. 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. 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. 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. 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. R.A. 10361R.A. 10361
((Batas Kasambahay)Batas Kasambahay)
Salient FeaturesSalient Features

10. Refers to any person engaged in
domestic work within an
employment relationship
Definition of KasambahayDefinition of Kasambahay

11. CoverageCoverage
 General househelp
 Yaya
 Cook
 Gardener
 Laundry person
 Person who regularly performs domestic work in one
household on an occupational basis

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. 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. Hiring of KasambahayHiring of Kasambahay
 Direct Hiring
 Private employment agencies (PEA)

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. For more information…For more information…
visit the dole website:
www.dole.gov.ph