Republic Act No. 10361, also known as “Batas Kasambahay,” is a turning point in social legislation for the Philippines, ensuring safe and healthful working conditions and affording full protection to domestic workers against abuse and exploitation.
Who are “Kasambahays”?
The Implementing Rules and Regulations of Batas Kasambahay (“IRR”) provides that a person below 18 may be hired as a kasambahay as long as the employment contract is signed by his/her parent or lawful guardian on his/her behalf (see Section 5 of Rule II of the IRR).
It is unlawful for any person below 15 years of age to be hired as a kasambahay (see Section 1 of Rule VI of the IRR).
Hiring a Kasambahay
An employer can directly hire a kasambahay or may go through a Private Employment Agency (“PEA”).
Hiring through a Private Employment Agency: Fees and Charges
Batas Kasambahay prohibits the following charges against a kasambahay:
- Recruitment or finder’s fees;
- Deployment expenses in the transfer of the kasambahay from the province or place of origin to the place of work/
As a general rule, employers shoulder these fees. Employers can, however, recover deployment expenses if the employment relationship is terminated within six (6) months without just cause (see Under Rule II of the IRR).
Specifics of the Employment Contract
Formal Requirements
Batas Kasambahay imposes the following formal requirements for a compliant employment contract:
- It must be written.
- The language or dialect of the contract must be understood by the kasambahay.
- The contract must be executed prior to the commencement of service.
Required Provisions
A kasambahay employment contract must contain the following provisions:
- Duties of the kasambahay;
- Period of employment;
- Compensation;
- Authorized deductions;
- Hours of work and proportionate additional payment;
- Rest days and allowable leaves;
- Board, lodging and medical attention;
- Agreements on deployment expense, if any;
- Loan agreement, if any;
- Termination of employment; and
- Any other lawful condition agreed upon by the parties.
Registering the Contract and Furnishing Copies
The employer is required to furnish a copy of the contract to the kasambahay and a copy to the Punong Barangay in the barangay where the employer resides.
The contract shall conform to the DOLE standard employment contract (i.e., Form BK-1) and shall be registered with the concerned barangay.
Renewing the Contract
The parties may renew the contract and register the new contract again with the concerned barangay.
Rights of a Kasambahay
Rule IV of the IRR sets out the rights of a kasambahay a follows:
- Minimum wage paid only in cash to the exclusion of promissory notes, vouchers, and any object other than cash, paid at least once a month;
- Other mandatory benefits such as the daily rest period of 8 hours, 24 consecutive hours as weekly rest period, 5-day annual service incentive leave with pay for those who have rendered work for 1 year, and 13th month pay for those who have rendered at least 1 month of work;
- Freedom from employers’ interference in the disposal of wages;
- For those who have rendered at least 1 month of work, coverage under the SS, Philhealth, and PAG-IBIG laws;
- Standard of treatment;
- Board, lodging, and medical attendance;
- Right to privacy;
- Access to outside communication;
- Access to education and training;
- Right to form, join, or assist labor organization;
- Right to be provided a copy of the employment contract as required in Section 7, Rule II;
- Right to certificate of employment;
- Right to terminate the employment;
- Right to exercise their own religious beliefs and cultural practices.
Included Employment Benefits
Benefits under the SSS include sickness, maternity, disability, retirement, death, and funeral. Mandatory premium payments shall be shouldered by the employer except where the kasambaahay is earning a monthly wage of Php5,000.00 and above.
Standard of Treatment
The kasambahay 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.
Definition of “Abuse” under Batas Kasambahay
Under Section 2 of Rule X of the IRR, “abuse” shall refer to any act or a series of acts by an employer or any member of his/her household against any kasambahay which results in or is likely to result in physical, sexual, psychological harm or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.
Active Participation of Local Government Units
The IRR mandates greater participation from the barangay, which is the local government unit most capable of monitoring working conditions in its jurisdiction.
Kasambahay Rescue Operations
Under Rule X of the IRR, barangay officials, together with law enforcement and a municipal or city social welfare officer, shall conduct rescue operations for any abused kasambahay upon report to any barangay official, any social worker from the LSWDO or DSWD Field Office, any police officer from the Women and Children Protection Desks, or any officer of the PESO.
Submission of a Kasambahay Masterlist
Apart from rescue operations, the Punong Barangay shall also maintain a Kasambahay Masterlist and submit a monthly report to the DILG for monitoring and data analysis, pursuant to Section 4, Rule IX of the IRR.
This Primer is posted for academic and general references only and does not constitute legal advice. For further information on this topic, you may contact the De Guzman San Diego Mejia Hernandez Law Offices (GSMH Law) by phone (02)85110908 or email (counsel@gsmhlaw.com). The GSMH Law website can be accessed at www.gsmhlaw.com. GSMH Law is bounded by our professional ethics to ensure that any information relayed to us and advice given thereon in the course of, or with a view to, professional employment shall be kept privileged and confidential.