By explicit provision of the Act, it came into full force and effect 15 days after its complete publication in the Official Gazette. Its implementing rules and regulations IRR were promulgated on May 9. RA is highly significant because it underscores the need to afford special protection to domestic workers or kasambahay, the sector of workers, which in turn, affords household employers who are workers themselves the opportunity to focus on work elsewhere for their livelihood. The need for full protection is more pronounced when the concerned worker renders services in the household wherein practically no monitoring by concerned government agencies can be done because the work of the kasambahay is hidden from view. While considering the pertinent provisions in the Civil Code and the Labor Code, RA grants additional significant rights and benefits to the kasambahay.
|Published (Last):||7 June 2013|
|PDF File Size:||11.85 Mb|
|ePub File Size:||5.57 Mb|
|Price:||Free* [*Free Regsitration Required]|
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve. Short Title. Declaration of Policies. Definition of Terms. Advances or loans by the domestic worker are not included in the definition of deployment expenses.
The term shall not include children who are under foster family arrangement, and are provided access to education and given an allowance incidental to education, i. Standard of Treatment. Board, Lodging and Medical Attendance. The employer shall provide appropriate rest and assistance to the domestic worker in case of illnesses and injuries sustained during service without loss of benefits. At no instance shall the employer withdraw or hold in abeyance the provision of these basic necessities as punishment or disciplinary action to the domestic worker.
Guarantee of Privacy. This guarantee equally recognizes that the domestic worker is obliged to render satisfactory service at all times. Access to Outside Communication. Right to Education and Training. The employer shall adjust the work schedule of the domestic worker to allow such access to education or training without hampering the services required by the employer. Prohibition Against Privileged Information.
Such privileged information shall be inadmissible in evidence except when the suit involves the employer or any member of the household in a crime against persons, property, personal liberty and security, and chastity. Employment Contract. The domestic worker shall be provided a copy of the duly signed employment contract which must include the following:.
The Department of Labor and Employment DOLE shall develop a model employment contract for domestic workers which shall, at all times, be made available free of charge to domestic workers, employers, representative organizations and the general public. The DOLE shall widely disseminate information to domestic workers and employers on the use of such model employment contract. In cases where the employment of the domestic worker is facilitated through a private employment agency, the PEA shall keep a copy of all employment contracts of domestic workers and shall be made available for verification and inspection by the DOLE.
Pre-Employment Requirement. However, Section 12 a , b , c and d shall be standard requirements when the employment of the domestic worker is facilitated through the PEA.
The cost of the foregoing shall be borne by the prospective employer or agency, as the case may be. Deposits for Loss or Damage. Prohibition on Debt Bondage. Employment Age of Domestic Workers. Employment of working children, as defined under this Act, shall be subject to the provisionsof Section 10 A , paragraph 2 of Section A, paragraph 4 of Section D, and Section 13 of Republic Act No.
Working children shall be entitled to minimum wage, and all benefits provided under this Act. Any employer who has been sentenced by a court of law of any offense against a working child under this Act shall be meted out with a penalty one degree higher and shall be prohibited from hiring a working child. Skills Training, Assessment and Certification. Health and Safety. Daily Rest Period.
Weekly Rest Period. The employer and the domestic worker shall agree in writing on the schedule of the weekly rest day of the domestic worker: Provided, That the employer shall respect the preference of the domestic worker as to the weekly rest day when such preference is based on religious grounds. Nothing in this provision shall deprive the domestic worker and the employer from agreeing to the following:. Assignment to Nonhousehold Work.
In such cases, the domestic worker shall be paid the applicable minimum wage. Extent of Duty. However, any liability that will be incurred by the domestic worker on account of such arrangement shall be borne by the original employer. In addition, such work performed outside the household shall entitle the domestic worker to an additional payment of not less than the existing minimum wage rate of a domestic worker.
It shall be unlawful for the original employer to charge any amount from the said household where the service of the domestic worker was temporarily performed. SEC Minimum Wage. After one 1 year from the effectivity of this Act, and periodically thereafter, the Regional Tripartite and Productivity Wage Boards RTPWBs shall review, and if proper, determine and adjust the minimum wage rates of domestic workers.
Payment of Wages. The employer, unless allowed by the domestic worker through a written consent, shall make no deductions from the wages other than that which is mandated by law.
No employer shall pay the wages of a domestic worker by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than the cash wage as provided for under this Act. The domestic worker is entitled to a thirteenth month pay as provided for by law. Pay Slip. The copies of the pay slip shall be kept by the employer for a period of three 3 years. Prohibition on Interference in the Disposal of Wages. The employer shall not force, compel or oblige the domestic worker 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 other person.
Prohibition Against Withholding of Wages. If the domestic worker leaves without any justifiable reason, any unpaid salary for a period not exceeding fifteen 15 days shall be forfeited.
Likewise, the employer shall not induce the domestic worker to give up any part of the wages by force, stealth, intimidation, threat or by any other means whatsoever.
Leave Benefits. Unused leaves shall not be convertible to cash. Social and Other Benefits. Premium payments or contributions shall be shouldered by the employer. However, if the domestic worker is receiving a wage of Five thousand pesos P5, The domestic worker shall be entitled to all other benefits under existing laws. Rescue and Rehabilitation of Abused Domestic Workers.
Termination of Service. If the domestic worker is unjustly dismissed, the domestic worker shall be paid the compensation already earned plus the equivalent of fifteen 15 days work by way of indemnity. If the domestic worker leaves without justifiable reason, any unpaid salary due not exceeding the equivalent fifteen 15 days work shall be forfeited. If the duration of the domestic service is not determined either in stipulation or by the nature of the service, the employer or the domestic worker may give notice to end the working relationship five 5 days before the intended termination of the service.
The domestic worker and the employer may mutually agree upon written notice to pre-terminate the contract of employment to end the employment relationship. Termination Initiated by the Domestic Worker. Termination Initiated by the Employer. Employment Certification. The PEA shall be jointly and severally liable with the employer for all the wages, wage-related benefits, and other benefits due a domestic worker.
The provision of Presidential Decree No. Mechanism for Settlement of Disputes. Ordinary crimes or offenses committed under the Revised Penal Code and other special penal laws by either party shall be filed with the regular courts. Information Program. Transitory Provision; Non-Diminution of Benefits. Implementing Rules and Regulations. Separability Clause.
Repealing Clause. All laws, decrees, executive orders, issuances, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Effectivity Clause.
Speaker of the House of Representatives. This Act which is a consolidation of Senate Bill No. The domestic worker shall be provided a copy of the duly signed employment contract which must include the following: a Duties and responsibilities of the domestic worker; b Period of employment; c Compensation; d Authorized deductions; e Hours of work and proportionate additional payment; f Rest days and allowable leaves; g Board, lodging and medical attention; h Agreements on deployment expenses, if any; i Loan agreement; j Termination of employment; and k Any other lawful condition agreed upon by both parties.
Nothing in this provision shall deprive the domestic worker and the employer from agreeing to the following: a Offsetting a day of absence with a particular rest day; b Waiving a particular rest day in return for an equivalent daily rate of pay; c Accumulating rest days not exceeding five 5 days; or d Other similar arrangements. In addition, PEAs shall have the following responsibilities: a Ensure that domestic workers are not charged or levied any recruitment or placement fees; b Ensure that the employment agreement between the domestic worker and the employer stipulates the terms and conditions of employment and all the benefits prescribed by this Act; c Provide a pre-employment orientation briefing to the domestic worker and the employer about their rights and responsibilities in accordance with this Act; d Keep copies of employment contracts and agreements pertaining to recruited domestic workers which shall be made available during inspections or whenever required by the DOLE or local government officials; e Assist domestic workers with respect to complaints or grievances against their employers; and f Cooperate with government agencies in rescue operations involving abused or exploited domestic workers.
Approved, Sgd. Speaker of the House of Representatives Sgd. Republic of the Philippines All content is in the public domain unless otherwise stated. Feedback Form.
Kasambahay Law IRR
Republic Act No. 10361