Kasambahay act

8/13/2019 Kasambahay act

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AGRARIAN LAWANDsocoo.LEGISLATION

(1). 'To -act as ai:t official governmentdepesitory with fullauthority-to rrraintam deposits of the government, its branches,sub:divi o_ES .:_ann--in-strumentalities, and of government-ownedor -:;conti:olled corporations which deposits .sha.II be subject to -liquidity floor and/or reserve requh-ements as may be imposed

by the Monetary Board upon other commercial banks;

(m) For the strengthening of the capital basebank; 'to sta:b.lish-a national -:marketincg un1br-eJla--fi6r]fa:r-rnF!rJ;-: --:;;$== ,.....--and fisheries cooperatives to attract massive capital formationfrom savings deposits ofthe cooperative members nationwide;

(n) To exercise the general powers mentioned in theCorporation Law and the General Banking Act, as ;- ;;-;'F; .,ppl

CHAPTER4

DOMESTIC WORKERS ACT

[BATAS KASAMBAHAY]

--- -REPtJBI:IC-A-c'f -Ne1-Q3S1--

insofar as they are not inconsistent or incompatible with this icability of the Law

Decree.37

The Domestic Workers Act applies only to domestic workers

-worKing within the Philippines.'

Domestic worker or "Kasambahay" is a person engaged to work

-= household within an employment relationship.

Examples are: general househelp, nursemaid, cook, gardener,

:-"'= To be considered as .dome #c worker, one should be hiredto perforin household work. ln. the absence of specific

c-c. 5 - -,one cannot }ji!-considered asadomestic worker.

Persons who perform domestic work occaS \'>nally and not on ;f "1in1iicclll ation;albasis are not considered as dom estlc wor ers. Thus,

Ch.Udrenwho are under foster family arrangement and are providedto education and given an allowance incidental to education,

"baon," transportation, school projects and school activities, are:::;:;;:.t=:= :;;;: considered domestic workers.'

Children or relatives of the domestic worker who live under

37Sec. 75, Code of Agrarian Reforms, as amended.

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.employer's roof and share the same accommodations provided

domestic worker cannot be considered as domestic workers if

181


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for foreign Chinese visitors, attend to the callers of the Head

-=3< :;;:;:::;:::::::::= ,.;--Monk as well as to the food for the temple visitors, run errandsfor the Head Monk such as paying Meralco, PLDT, MWSS bills,

Employment agencies that recruit domestic workers must -obtain a license and authority to recruit from the Regional Office of

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182 AGRARIAN LAW AND SOCIAL LEGISLATIONCHAPTER4

DOMESTIC WORKERS ACT CBATAS KASAMBAHAY)

183

they were n?t engaged as such and are not required to perform anysubstantial household work.

APEX MINING CO. v,NLRC196 SCRA251

FACTS: SC was engaged by Apex Mining to perform

'Minimum age for employment of domestic workers

The minimum age for employment of domestic workers is

en (15) years old. It is unlawful to employ any person below

jffteen (15) years of ag e as a domestic worker. 3

laundry service at its staflhouse. While she was attending to Domestic workers can be hired directly or through a privateher-assigned tas::k:;,she accident-ally lipped and hit her ck-nn---- f---"E'n,-9in-n"Tn


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1'84 AGRARIAN LAW AND SOCIAL LEGISLATION CHAPTER4DOMESTIC WORKERS ACT (BATAS KASAMBAHAY)

185

(b) .registered.with the Regional Office ofthe DOLE. (c) Provide pre-employment orientation briefing to"A nuly notarized recnritment contract should be executed

between the employment agency and the recruit.

Thereafter, the employment agency should submit to the DOLE Regional Office where recruitment was undertaken (copy furnished

the DOLE Regional Office of destination): .

(b) addresses;

(c) birth certificates;

(d) medical certificates; and

(e) recruitment contract.

The employment agency should provide the recruit witha stai:n.ped envelope (which the recruit will send to his parent)

the domestic worker and the employer about" their rights andresponsibilities under the Domestic Workers Act;

(d) Keep copies of employment contracts and agreementspertaining to recruited domestic workers which shall be

made available during inspections or whenever required bythe Department of Labor and Employment (DOLE) or local

(e) Assist domestic workers with respect to complaints or grievances against their employers; and

(f) Cooperate with government agencies in rescueoperations involving abused or exploited domestic workers."

containing the following: ..::;::;;:..:==--- Regardless of whether the domestic worker was hired th}-ough :a:--private employment agency or a third party, no share in the

(a) name and address of recruit; and reCIJ]itment or finder's fees shall be charged against the domestic(b) name, address, telephone number of his employer.' W


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186 AGRARIAN LAW AND SOCIAL LEGISLATION - -- - - -ciD\:Pl'ER 4-------ol"8'"'7;------

,.,- .....;-

DOM:ES'J1Q WORKE:R.S AC.T (BATAS KA13AMBAHAY)

(d) Autbprized deductimis;

(e:) Hours of work and proportionate additional pay.,

ment;

(f) Rest days and allowable leaves;

(g) Board, lodging and medical attention;

(h) Agreements on deployment expenses, if any;

(j) Termination of employment; and

(k) Any other lawful condi ion agreed upon by both_parties.

Ifthe domestic worker was hired through a private emLpl4:>y:rneJO:t - ragency, the agency should keep a copy of the employment contractwhich shall be made available for verification and inspection by the

NOTE:Medical attendance is limited to medical treatmentfor ailments contracted by the househelper wbile in the serviceof the employer. It does not include hospitalization."

The employer cannot withdraw or hold in abeyance theprovision of these basic necessities as punishment or disciplinary

.action to the domestic worker.16

Domestic workers are entitled to an aggregate daily rest period

eight (8) hoursper aay.n

Weekly Rest Perjod

Domestic workers are entitled to .a weekly rest period of at]_east twenty-four (24) consecutive hours.

DOLE.12--;:::::; ;::=:= - The employer and the domestic worker shall agree in writing

Registration of domestic workers on the schedule of the weekly rest day of the domestic worker. The

riist day chosen by the domestic worker on religious grounds shallEmployers are required to register their domestic workers in .be respected.

thebara:ngay whe!"e the employer's resirlence is located. 13 -== ;==-===-

Terms nq_ C9pditions of employment9f dpmestic work rs

Hef!:_W!:cElf_d Safety---Tile employer shall safeguard the health and safety of

domestic worker, with due consideration of thepeculiar naturedomestic work.r

Free Board, Lodging and Medical Attendance

The employer shall provide for the basic necessities domestic worker to include:

domestic worke!" and The employer may validly agree on

F::::t::h: e::O_:::following:

(a) Offset a day of absence withaparticular rest day;

(b) Waive a parti Ular rest day inretu:rn for an equiva

lent daily rafu of pay;

(c) A c te_re, -d zs - ?t e - ding five (5) days; or

(d) Other similar arrangements.'

Appropriate compensation for Assignment to Non-Household-'-'----"'""''= _Wqrk

(a) at least three (3) adequate meals a day; .Domestic workers cannot be ?.Ssignedto work in a commercial,

(b) humane sleeping arrangements; _ or a :. c: :: s:ra;:n;;ri : ::rr::(c) appropriate rest and assistance in cas'e of :illness rrr'....... =--' .1;!

injuries sustained during service without loss of benefits.

12Sec.3,ibid.13'lec. 17, ibid.148-e-c.Til, Tbid.


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----- ---- a'88 ------AGRARIANLAWAND'SOC:rnLLEGISL'ATION--

Domestic workers assigned to work in such establishments shall bepaid the applicable minimum wage .'"

E-xtent of Duty

The e ployer may allow a domestic worker to temporarily perform a task for another household, but any liability that willbe

incurred by the domestic worker on account of such arrangement

---- CHAP'l'ER-4 -- 189

DOMESTIC WORKERS ACT (BATAS KASAMBAHAY)

Pay Slip

The employer shall at all times provide the domestic worker

=:J===-- tha copy ofthe pay slip containing the amount paid in cash every")la..Y day, indicating all deductions made, if any. The copies ofthe payslip shall be kept by the employer for a period of three (3) years. 23

Thirteenth Month Pay

_sha!J:_be bo:r:ne by., ori al_-mJJJoye-"r"-.------=-----==*=:::;;:=-----Hctm st:ic ->liTOl::k-e -J:S-are -enti.tled..ote 13th month pay as provided

The domestic worker w:ho temporarily works for another for by the 13th month pay law.24

household shall be paid an additional compensation of.not less than J;;,;.,=the existing minimum wage rate of a domestic worker. The original employer to charge any amount from the household where the service of the domestic worker was temporarily performed?

Minimum Wage of Domestic Workers

Domestic workers who have rendered at least one (1) year of

a; ice shall be entitled toan anriual service iricefitive leave of five.days with pay. Unused portion of said annual leave is neither

cumulative nor convertible to cash.25

(a) P2,500.00/month- in the National C pita} Region =Je(NCR); : Social Security, PhilHealth and Pag-Ibig Fund

(b) P2;000.00/month _ in chartered cities and Domestic workers who have rendered at least one (1) monthclass municipalities; and of service shall be covered by the Social Security System (SSS),

---= I!S:llil:LJ lip,pilre Health Insurance Corporation (PbilHealth) , and(c) P1,500.00/month - in other unicipalities : Home Development Mutual Fund (Pag-IBIG). The premium

The Regional Tripartite and Productivity - Wage, Bom;ds ::::::::;;t;! w"lul..L :> shall be paid as follow_:;:

(RTPWBs) m y from. time to time review, determine, and adjust the (a) For domestic wor.ker.s who receive a monthly wageminimum wage rates of domestic worker_ ."' "Qf less than P-5,000.00 - the :e.mployer's contribution and the

domestic worker's contribution shall be borne solely by thePayment of Wages

Wages of domestic workers should be paid:

1. in cash;

2.

directly to the domestic worker; and

employer;

(b) For domestic workers who receive a monthly wage ofP5,000.00 and above -the domestic worker and the employershall shoulder their respective premium contributions.26

3. at least once a month. _Rights and privileges of domestic workers

The employer cannot pay the wages of a domestic work Ee r b IY Right to Humane Treatment

means of promissory notes, vouchers, coupons, tokens, tickets, c The employer or any member of the household shall notor any object other than cash.22 ' ...;;:;jilt'"""'!! lbJect a domestic worker to any kind of abuse, physical violence,

19Sec. 22, ibid.20Sec. 23, ibid.2'Sec. 24, ibid.22Sec. 25, ibid.

26, Domestic Workers Act.

=:;;; ;;:- 25, ibid.27, ibid.

--.:.;r::: :..;=;:;:::.: -:iec. 28, ibid.


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----------mro -- -----AURARIANT.AW1rnD"S0CIALLEGI-8LATION ""'.- --

harassment or any act tending to degrade the dignity of a domestic

work r.27 .

NO'I'E:Any abused or exploited domestic worker shall beimmediately-rescued by a municipal or city social welfare officer

or a social we1fare officer from the Department of Social We1fareand Development (DSWD) in coordination with the concemed

barangay officials . The DSWD and the DILG shall develop astandard operating procedure for the rescue and rehabilitation

- . - ofabused domestic workers;ani'nn cootdifiation with"tneTIO E.for possible subsequent job placement. 28

CHAPTER 4 191

DOMESTIC WDRKERSACT .(BATAS KASAMBAHAY) =

Obligations of dom s!!f_ worker$

Domestic work.e.r J!! obliged tQ:

(a) render satisfactory service at all times; 32

(b) observe the terms and conditions of the employmentcontract;33

(c) refrain from publicly disclosing any communication

--olrmrnnn tinn ffrumn :o!neem qm be Mtliehousehold during and after employment.

Right to Privacy

The employer shall respect the priva.cy.ofthe domestic worker at_.:..-.; ::..-

all times. The right to priva(;y extends to all forms of communication;; -::::::::t.::;=;;::-"and perso al effects.29

NOTE: Inforination tha:t m?y be divulged by the domesticworker on the matter are privileged in character and therefore,inadmissible in evidence except when the suit involves theemployer or aiiy member of the hoU:sebold in a crime against persons, property , personal liberty and secu.>ity, aild chastity.34

Access to Outside Communication -==i!FOO-'='-!.aw ng mg a kasambahay

The e_Ill,plq er shall grant the domestic worker access to outside

communication during free time. However, in case of emergency;

ac es&-to.cQJ!! uni ation shall b _ .antedShould the domestic worker make use of the employer's telephone

January 18(the date of approval of thE) law) has been designated

as the "Araw ng mga Kasambahay." 30

or other CO:J:nmunicati.on facilities_, th shall be bor:n e"Q;jy,, 5ii P r o}Libit Q7} -4Q..aiMt Deposits for Loss or DamafJ_eomestic worker, unless such chM"g s are waived by thEf- 1--

_The employer ca.nn:ot oblige the domestic worker to make

--- -Rljjftt7oEducation and/i'r:Oimng to answer for loss or damage to tools, materials, furnitureilndequipment in t?e ho sehold .36

The employer shall afford the domestic worker the opportunity

to finish basic education and may allow access to alternative Prohibition O]!I)ebU?oncf-agf?:systems and, as far as practicable, higher-education or technicalvocational training. The employer can..D.ot oblige the domestic worker to render

service as security for or inpayment for a debt, where the length

The employer shall adjust the work schedule of the domestic.=iF"' and nature of service is not clearly defined or when the value of the worker to allow such access to education or training withoup -S.envice is not reasonably applied inthe payment of the debt_s;hampering the services required by the employer.31

27Sec. 5. ibid.28Sec.31, ibid.29Sec. 7, ibid.30Sec.8, ibid.31Sec. 9. ibid.


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CHAPTER4DOMESTIC WORKERS ACT (BATAS KASAMBAHAY)

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Prohibition on Interference. in the Disposal of Wages

- ---- - The employer cannot interfere with the freedom of any domestic w-

orker to dispof? of-t!te lattei'!;;_wages. T? !" the domestic workercannot be obliged to purchase merchandise, commodities or other

properties from the employer or from any other person, or otherwise

make use of any store or services of such employer or any otherperson."

Prohi ition Against Withholding of Wages

The employer cannot, directly or indiiect}y, to witbhold thewages ofthe domestic worker. Likewise, the emp1qyer cannot induce

the domestic worker to give up any prt.ofthe wages by force, stealth,

On the part of the employer

He s liable for indemnity in an amount equivalent to 15 dayspay_41

The just causes for termination of employment by the domestic

worker

The domestic worker may validly terminate the employment any ]U5t causes: --

(a) Verbal or emotional abuse by the employer or anymemb r ofthe household;

(b) Inhumane treatment including physical abuse by

-----intimidation, thieator by any other ineans .whatsoever."-

When the employment relation can be terminated

;;..,;;r:;:;:::::: - the employer or any member of the-household;-

(C) Commission of a criiile-cir offense agai'nst the domestic worker by the employer or any member of the household;

If there is a just cause - the domestic worker or the employer c_an terminate th employment relations any time.

If there is nojust cause-the domestic worker or the employerSM terminate th e.rnplpyrp. nt r l tio s:

(a) At the end of the stipulated period; or

(b) Ifno"stipulated period - by giving 5 day; advancenotice.


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19. AGRARIA;NLAW AND SOCIALLEGISLA.TION

(e) Violation by the domestic worker of the terms and _ C!QpQ!tjo;ns ofthe employment contract and other standards set

forth linder the law;

(f) If the domestic worker is suffering from a disease

prejud icial to his health , the heal th of the employer, or mem bers

of tp.e household; and

CHAPTER 4 195DOJMESTIC WORKERS ACT (BATAS KASAMBAHAYi

(e) rft:lring 'With theree.d.om of the domestic wor.kerto dispose ofhis -wages , or. fel'cing, compelling or ebliging thedomestic wcgker to purch ase merchandise, com.tnodities or

otherpropertie s frm::a the employer or from aey other person,or otherwise make use of an_y store or services of such employeror any other person.;45

Withholding the wages of the domestic worker or(g} Other causes analogous1to t:!;he ::_::_; -----==l=:;;:;,..........-inlim:in.gJt;hec.d!m:tf.!:.sil:_ic w.orker..to .g:i:v:e .up .any-pan .of-his wages-

by force, stealth, intimidation, threat or by any other meansCertificate of Employment

Upon the severance of the employment relationship, the

employer shall issue the domestic worker within five (5) days from

reql!_ j; certificate of employment indicating the nature, duration

of the service and work performance.""

Criminai acts

The Domestic Workers Act declares the following acts as criminal offenses:

whatsoever_ 60

Criminal sanction

The aforementioned criminal acts will subject the offender to afine of not less than Ten thousand pesos (PlO,OOO.OO) but not morethan Forty thou&.and pesos (P40,000.00).1

01d;45(a) Employing a domestic w rker who is below 15years-==== =-

(b) Charging by the original employ:er i:LLL.y_,a.llluu.u ..uthe household where the service of his domestic worker was

tem'(:mrB.:..'rily performed;46

(c) Requiring the domestic worker to make deposits to answer for losses or damage to tools, materials, furniture and

equipment in the household; 47

(d) Placing the domestic orker under debt bondage,

i.e.,requiring the domestic worker to render service as security

or payment for a debt where the length and nature of service is.not clearly defined or when the value of the service is not reasonably applied in the payment of the debt;

43Sec. 34, ibid.

Kasambahay act

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