R.A.

10361 and IRR

AN ACT INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF DOMESTIC WORKERS

DOMESTIC WORKERS ACT/BATAS KASAMBAHAY

Consolidation of Senate Bill No. 78 and House of

Representatives Bill No. 6144 Passed by the House of Representatives on 26 November 2012 Passed by the Senate on 27 November 2012 Approved by the President on 18 January 2013 Published in the Official Gazette on 18 January 2013 Published in Manila Bulettin 25 January 2013 IRR signed 9 May 2013

Declaration of Policies
Affirmation of labor as a primary social force and the task

to protect and promote the workforce by abolition of child labor, elimination of discrimination, forced labor, trafficking, among others Adherence to internationally accepted working conditions in general, and labor standards for domestic workers in particular Recognition of the need to protect domestic workers from abuse, harassment, violence, economic exploitation and hazardous working environment In protecting the rights of domestic helpers and recognizing their special needs to ensure safe and healthy working conditions, the State promotes gender sensitive measures in promulgating and implementing policies affecting the local domestic work Recognition of fiduciary relationship between the employer and the kasambahay Affirmation of the right of kasambahay to self-organization

Coverage
All domestic workers employed and working within the country, whether on a live-in or live-out arrangement Domestic workers (definition) - any person engaged in domestic work within an employment relationship such as, but not limited to: (1) general househelp, (2) nursemaid or yaya, (3) cook, (4) gardener, (5) laundry person, (6) any person who regularly performs household work in one household on a regular basis excluding: (1) service providers, (2) family drivers, (3) children under foster families, (4) any person who performs domestic work only occasionally or sporadically or not on an occupational basis Domestic work (definition) - work performed in or for a household or households

Coverage
Service provider (definition) person or entity that carries an independent business and undertakes to perform job, work or service on his/her own for a household, according to his/her own manner and method, and free from the control and direction of the employer in all matters in connection with the performance of the work except the results

Children under foster family arrangement (definition) children living with a family or household of relative/s and are provided access to education and given an allowance incidental to education; provided, foster care arrangement is in

PRE-EMPLOYMENT
Employment can be facilitated through Private Employment

Agencies (PEA) or directly undertaken by the employers If directly by the employers themselves, emloyer can require submission by the domestic worker of: - medical certificate/health certificate issued by the Local Government Health Officer - NBI clearance - barangay and police clearance - duly authenticated birth certificate or other documents showing the age of the worker such as voters identification card, baptismal record or passport Same documents shall be required by PEA Costs to be borne by employer/PEA No share recruitment or finders fee shall be charged against the domestic helper by the PEA or any third person Costs of hiring - employer

EMPLOYMENT AGE
Not below 15 years of age Working children entitled to minimum wage and all

benefits Per RA 7610: Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act, Working children shall not be subjected to: Work more than 8 hours a day and more than 40 hours a week Work between 10 oclock PM and 6 oclock AM of the following day Work that is hazardous/likely to be harmful to health, safety or morals

PRE-EMPLOYMENT
Employment Contract between the employer and the domestic helper, should be (1)

written in triplicate (2) in a dialect understood by both parties, (3) duly signed (4) with a copy provided to the domestic helper and Punong Barangay, and (5) contains: - duties and responsibilities of domestic helper - period of employment - compensation - authorized deductions - hours of work/additional payment - rest day/allowable leaves - agreement on deployment expenses - loan agreement - termination -other matters If below 18 years old, employment contract to be signed by parents or guardian of kasambahay. Upon request, employment contract can be read and explained by Punong Barangay or his designated officer (witness).

PRE-EMPLOYMENT
Employment contract : DOLE Standard Employment Contract (Kontrata sa Paglilingkod sa Tahanan) Form BK-1 General Rule: deployment expenses borne by employer Deployment expenses (definition) - directly used for the transfer of the domestic worker from place of origin to the place of work covering the cost of transportation , meals, communication expense and other necessary

EMPLOYMENT
Right to minimum wage

Minimum:

P2,500.00 (NCR) P2,000.00 (chartered cities/1st class municipalities) P1,500.00 (other municipalities) payment should be on time directly to the domestic worker at least once a month - Entitlement to thirteenth month pay not less than 1/12 of total basic salary earned separation in a calendar year paid not later than 24 December or upon provided with at least one month of service - Payslip (Form BK-2) should be provided by the employer to the worker at all times, stating the amount paid in cash everyday and all deductions. Employeer shall keep copies of the pay slip for a period of three years.

EMPLOYMENT
Deductions for loss or damage

- With written consent

- Conditions:

Kasambahay is clearly shown to be responsible 2. Kasambahay is given reasonable opportunity to show cause why deduction should not be made 3. Total amount of deduction is fair and reasonable and does not exceed actual loss/damage 4. Deduction does not exceed 20% of wages every month
1.

EMPLOYMENT
- no interference in the manner of disposal of

wages - no inducement to give up part of wages by employer through stealth, intimidation, threat or any other means - no withholding of wages, except when the domestic worker leaves without justification in which the employer can withhold unpaid salary not exceeding 15 days - no payment in promissory note, vouchers, coupons, tokens, tickets, chits, or any object other than cash wage

EMPLOYMENT
Right to Social and Other Benefits

Upon at least one month of service, domestic helper shall be covered by Social Security System, Philhealth, HDMF and Employee Compensation Commission, borne by the employer. Social Security System: 7.07% of gross income; >P5,000.00 additional 3.33% borne by domestic helper Philhealth: P175.00; >P5,000.00 additional P175.00 by domestic helper PAG-IBIG:
Loans through SSS and HDMF shouldered by kasambahay

EMPLOYMENT
Loan assistance

- Not exceeding six (6) months salary

- Not applicable to working children - Deduction from salary: by written agreement, not

exceeding 20% of wages every month

EMPLOYMENT
Leave - 5 days with pay annual leave, provided at least one -

year of service Not cumulative Not convertible Right against any form of abuse or harassment that degrades human dignity Revised Penal Code RA 9262: Violence Against Women and Their Children Ra 7610 amended by RA 9231: Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act RA 9208: Anti-Traficking in Persons Act Other applicable laws

EMPLOYMENT
Right to basic necessities

- at least three adequate meals a day

- Live-in: appropriate and humane sleeping -

conditions Live-out: space for rest, access to sanitary facilities medical assistance, including first-aid medicines, etc. Right to rest and assistance during illness without diminution of benefits Right against withholding of benefits as punishment

EMPLOYMENT
Right to privacy at all times on communication

and other personal effects; provided not interferring to satisfactory service Right to access to outside communication during free period - During emergency, access should be provided even outside free period - Costs of using employers communication facilities to be borne by domestic helper, except if waived by employer Right to be provided opportunity to basic education, and may be allowed access to alternative learning systems, higher education and technical or vocational training, provided services required are not hampered

EMPLOYMENT
Right to health and safety

- Aggregate eight hours daily rest

- Written agreement between employer and

domestic helper: 1. rest day (consecutive twenty-four hours of rest per week) giving preference to choice of domestic helper on religious grounds; and 2. rules on offsetting of rest days to days of absences, waiving of rest days for equivalent wages, accumulating of rest days to not more than five days, and other analogous arrangements.

EMPLOYMENT
Right against requiring deposits from which

deductions are to be made for future loss or damage Right against debt bondage Debt bondage (definition) - rendering of service by the domestic worker as security or payment for a debt where: 1. the length and nature of service is not clearly defined; or 2. the value of the service is not reasonably applied in the payment of the debt.

EMPLOYMENT
Right against assignment to commercial, industrial and

agricultural enterprise, full or part-time, with wages lower than the minimum wage for agricultural or non-agricultural workers Employer and the domestic worker may mutually agree to temporarily assign the domestic worker outside the household for the benefit of another household, provided: agreement between kasambahay and employer, particulatrly tasks to be performed any liability incurred by the domestic worker due to this arrangement shall be borne by the original employer work performed outside the household shall entitle the domestic helper to additional pay not less than the minimum wage rate of a domestic helper original employer cannot charge any amount from the household for the temporary service performed not exceed thirty days per assignment Other household where kasambahay is temporarily assigned shall be solidarily liable with employer for unpaid wages during temporary assignment

EMPLOYMENT
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. Inadmissible as evidence, except: 1. suit involves employer and any member of household, and 2. crime against persons, property, personal liberty and security, and chastity

EMPLOYMENT
Reportorial Duties of Employer of all domestic workers -

under his employment to the Registry of Domestic Workers in the barangay where employers residence is located. Punong Barangay: responsible for the Registry Common national registration (1) with Punong Barangay, Philhealth, SSS and HDMF to be held in (2) City/Municipal Hall or Plaza to be organized by the City/Municipal Mayor DOLE Regional Office: provide one-stop registration facilities during job fairs Registration/Kasambahay Desk in barangay hall for continuous registration Punong Barangay shall maintain and update Kasambahay Masterlist to be submitted to LGU through the Public Employment Services Office (PESO). PESO will submit monthly report to DILG which will be made available to DOLE and other government agencies Subject to requirements of RA 10173: Data Privacy Act of 2012 and other laws regarding disclosure of information to the public and adherence to transparency, legitimate purpose and proportionality

EMPLOYMENT
Right to skills training, assessment and

certification based on duly promulgated training regulation facilitated by DOLE through TESDA - Issuance of National Certificate (NCII) on household services - Competencies: 1. Cleaning living room, dining room, bedroom, toilet and kitchen 2. Washing and ironing clothes, linen and fabric 3. Preparing hot and cold meals/food 4. Serving food and beverages Right to rescue and rehabilitation - By a municipal/city social welfare officer in coordination with barangay officials and law enforcement personnel

EMPLOYMENT
Right to join and form labor unions

- Opportunity to attend meetings during free time

- RTIPC shall create a subcommittee to ensure

adequate kasambahay representation in social dialogues Right to be provided a copy of employment contract Right to be provided Certificate of Employment Right to terminate employment Right to exercise own religious beliefs and cultural practices

EMPLOYMENT
Abuse (definition) acts or series of acts by employer or any member of his household against the kasambahay which results or is likely to result in physical, sexual, psychological harm or economic abuse, inclusive of threats, battery, assault, coercion, harassment or arbitrary deprivation of liberty. 1. Physical violence 2. Sexual violence 3. Psychological violence 4. Economic violence 5. Acts which limits kasambahays exercise of her

EMPLOYMENT
-

Parties who can report abuse: Offended kasambahay Parents/guardian Ascendants/descendants/collateral relatives within the fourth degree of consanguinity or affinity Social worker Police officer of the Women and Children Protection Desk Barangay official Lawyer/counsellor/therapist/health care provider of offended kasambahay At least two responsible citizens of the city or municipality with personal knowledge of the offense

EMPLOYMENT
Persons to whom reports to be made:

Barangay official - Social worker - Police officer of Women and Children Protection Desk - PESO officer
Role of Local Social Welfare Development Offices (LSWDOs) in

rehabilitation: - Temporary shelter - Counseling - Free legal services - Medical or psychological services - Livelihood and skills training - After-care facilities at least for the next six months for reintegration of kasambahay to society If not available in the locality, LSWDO may seek assistance from DSWD

EMPLOYER
Rights:

- Require submission of pre-employment

documents - Recover deployment expenses - Demand replacement - Terminate employment

Register himself and enroll kasambahay to SSS,

Philhealth and HDMF

TERMINATION
Neither employer or domestic helper may terminate the contract

before expiration period, except of grounds provided in Section 33 and 34 of this Act. 1. Domestic worker unjustly dismissed - compensation already earned plus compensation equivalent to fifteen days of work 2. Domestic worker leaves without justifiable reason forfeiture of any unpaid salary not exceeding 15 days 3. Recovery from domestic helper deployment expenses, provided service has been terminated within six moths from employment of the domestic helper
Duration of employment specified: mutually agree upon notice to

terminate before expiration No specified duration: notice five days before intended termination
Right to Employment Certificate (Form BK-3)stating (1) nature of

work, (2) duration of work, and (3) performance - issuance within 5 days upon request by domestic worker

TERMINATION
Grounds for termination initiated by Domestic

Worker: 1. verbal or emotional abuse against the domestic helper by employer or any member of his househol 2. inhuman treatment or physical abuse against the domestic helper by employer or any member of his household 3. commission of a crime or offense against the domestic helper by employer or any member of his household 4. violation of the terms of the contract or other standards set forth by this law 5. disease prejudicial to the domestic helper, employer or member/s of the household 6. other analogous cases

TERMINATION
Grounds for termination initiated by Employer 1. Misconduct or willful disobedience by domestic

2. 3. 4. 5. 6. 7.

worker to lawful order by employer in relation to work Gross or habitual neglect or inefficiency in the performance of duties Fraud or willful breach of trust Commission of crime or offense against the person of employer or any member of household Violation of terms of the contract or other standards set by law Disease prejudicial to health of domestic helper, employer or any member of household other analogous cases

TERMINATION
Invalid grounds:

- Pregnancy of kasambahay
- Marriage of kasambahay

PRIVATE EMPLOYMENT AGENCY

individual, legitimate partnership, corporation

or entity licensed to engage in the recruitment and placement of domestic workers for local employment System of licensing regulated by DOLE Jointly and severally liable with employer for: - wages - wage related benefits - other benefits

PRIVATE EMPLOYMENT AGENCY

Need to secure: - License - Authority to Recruit - Authority to Establish Branch - Register with the Barangay by presenting license and Authority to Recruit

PRIVATE EMPLOYMENT AGENCY

Nationality

- Filipino citizens - Corporations at least 75% Filipino owned Net worth - Sole proprietorship: at least P3,000,000.00 fully subsribed and paid for - Corporation: at least P3,000.000.00 paid-up capital Non-transferability of license Prohibited Practices

PRIVATE EMPLOYMENT AGENCY

Prohibited practices To charge or accept, directly or indirectly, any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor; To furnish or publish any false notice or information or document in relation to recruitment or employment; To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under this Code. To induce or attempt to induce a worker already employed to quit his employment in order to offer him to another unless the transfer is designed to liberate the worker from oppressive terms and conditions of employment; To influence or to attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency; To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines; To obstruct or attempt to obstruct inspection by the Secretary of Labor or by his duly authorized representatives; To fail to file reports on the status of employment, placement vacancies, separation from jobs, departures and such other matters or information as may be required by the Secretary of Labor. To substitute or alter employment contracts approved and verified by the Department of Labor from the time of actual signing thereof by the parties up to and including the periods of expiration of the same without the approval of the Secretary of Labor; and To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under this Code and its implementing rules

PRIVATE EMPLOYMENT AGENCY

Ensure that the kasambahay is qualified; Secure the best terms and conditions of employment; Ensure that domestic workers are not charged or levied any

recruitment or placement fees; Ensure that the employment agreement stipulates the terms and conditions and all the benefits prescribed by this Act; Provide a pre-employment orientation briefing to the domestic worker and the employer about their rights and responsibilities; Ensure that kasambahay is not required to pay recruitment or placement fees Keep copies of employment contracts and agreements which shall be made available during inspections or whenever required by the DOLE or local government officials; Assist domestic workers with respect to complaints or grievances; Cooperate with government agencies in rescue operations; and Assume joint and solidary liability with employer for payment of wages and wage-related and other benefits.

PRIVATE EMPLOYMENT AGENCY

Within one month from reporting to work, employer is entitled to qualified replacement with no additional cost if: Kasambahay is found suffering from incurable or contagious disease or mental illness, certified by competent or government physician Kasambahay abandons job without justifiable reason, voluntarily resigns, commits theft or other analogous acts prejudicial to employer or his/her family Kasambahay is physically or mentally incapable of providing minimum standards of work per employment contract Refund of 75% of fees paid to PEA, if PEA failed to provide qualified replacement within one month from

DISPUTES
Labor-related: E Field/Provincial/Regional Director with -

thirty days mandatory conciliation under the DOLE Single Entry Approach for possible settlement Fail to reach settlement? Mandatory conference not exceeding 30 days from referral of unsettled dispute conducted by DOLE Field/Provincial/Regional Director DOLE DOLRegional Director Compliance Order 10 days from submission of case for resolution Motion for Reconsideration? Within 10 days from receipt Appeal for denial of MR? Within 10 days from receipt Order of Secretary of Labor and Employment final and executory Ordinary crimes/offenses under the Revised Penal Code/special laws: regular courts

UNLAWFUL ACTS AND PENALTIES

Unlawful acts:

- Employment of children below 15 years old

- Withholding of wages - Interference on disposal of wages - Requiring deposits for loss or damage - Placing kasambahay under death bondage - Charging another household for temporarily

performed tasks

UNLAWFUL ACTS AND PENALTIES

Penalties (administrative):

1st offense 2nd offense 3rd offense 4th and succeeding offense Violations against working children

P10,000.00 P20,000.00 P30,000.00 P40,000.00

Without prejudice to civil or criminal action Employer sentenced by Court of Law for offense

against working children shall be - Meted out with penalty one degree higher - Prohibited from hiring a working child

OTHER PROVISIONS
Araw ng Kasambahay: 18 January Transitory Period

- Existing arrangements shall be adjusted to conform to the minimum standards set by this Act within a period of sixty (60) days after the effectivity - Adjustments pertaining to wages shall take effect immediately after the determination and issuance of the appropriate wage order - No diminution of benefits Repealing Clause -Chapter III (Employment of Househelpers) of Presidential Decree No. 442

THANK YOU