September 15, 2016

Expats’ Guide: Kasambahay Law (Domestic Workers Law)

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  • Expats’ Guide: Kasambahay Law (Domestic Workers Law)
  • It’s been over 3 years since Republic Act (R.A.) 10361, knows as the “Domestic Workers Act” or the “Batas Kasambahay,” was enacted, yet people are still confused about some (if not most) of the terms.

    Here’s a guide for you to understand R.A. 10361:

    What and Why

    The Domestic Workers Act is an act that covers the protection and welfare of domestic workers, who have long been a part of Filipino culture. It’s been in Congress for 16 years, and is seen as a landmark law that strengthens respect, protection, and promotion of the rights and welfare of domestic workers or kasambahay in Filipino.

    What is a “Kasambahay”

     

    kasambahay

    A TYPICAL KASAMBAHAY. They should always be treated with respect since they practically keep you and your house going while you’re at school or work, but they should also respect you. The Kasambahay Law is here to make sure that happens. (Image grabbed from Official Gazette)

     

    The law defines a kasambahay as one of the following:

    • General househelp, otherwise known as katulong

    • Nursemaid or yaya

    • Cook

    • Gardener

    • Laundry person

    • Any working children or domestic workers 15 years or older but not over the age of 18

    • Anyone who regularly performs domestic work in one household on an occupational basis, also known as a live-out arrangement

    The following, however, are not considered as kasambahay:

    • Service providers

    • Family drivers

    • Children under foster family management

    • Anyone who performs work occasionally or sporadically and not on an occupational or regular basis (i.e. sideline)

    How to hire a kasambahay

    With the passage of the law, kasambahays are now treated as regular employees. This means you’ll need an employment contract between you and the kasambahay. The norm in the country is to ask if any of your friends know of someone who’s looking for a job, but nowadays it’s better to go through a private employment agency (i.e. a maid provider) to get rid of all the hassle.

    The employment contract should be written in a language or dialect understood by you and the kasambahay, and should contain the following:

    • The kasambahay’s duties and responsibilities

    • Period of employment

    • Compensation and authorized deductions

    • Hours of work

    Since we recommend going through a maid provider, the kasambahay needs to submit standard pre-employment requirements, with the fees to secure them being paid for by the maid provider:

    • Medical/health certificate issued by a local government health officer

    • Barangay and police clearance

    • NBI clearance

    • NSO-authenticated copy of the birth certificate, or other documents that shows the age of the kasambahay

     Compensation and benefits

    The Kasambahay Law sets a minimum wage for your kasambahay: P2,500 if working within the National Capital Region (i.e. Metro Manila), P2,000 for chartered cities and first-class municipalities, and P1,500 for any other area in the country.

    Apart from the standard pay, your kasambahay is also entitled to the following after a month of service:

    • Social Security System (SSS)

    • Philippine Health Insurance System (PhilHealth)

    • Home Development Mutual Fund (Pag-IBIG)

    • 13th Month pay

    They are also entitled to 5 paid leaves after a year of service. These benefits are mandatory, and processing these would need to be done by the employer. If you are paying your kasambahay less than P5,000 a month, you will be required to shoulder the premium payments or contributions.

    These come with giving your kasambahay the basic necessities like food, shelter, and assistance during illness. You should also let your kasambahay finish their basic education and give them access to higher learning if possible. They can’t stay as your maids forever now, can they?

    Termination of service

    If you want to dismiss your kasambahay, or if your kasambahay wants to leave, there are a few things you should keep in mind, especially if it’s within your agreed period of employment:

    • A notice should be given 5 days before the date you and your kasambahay intend to part ways.

    • A certificate of employment (CoE) should be given to the kasambahay that indicates the nature and duration of service as well as work performance.

    • If you dismiss your kasambahay for an unjustifiable reason (i.e. you felt like you no longer need him/her), you need to pay them for the service they’ve already rendered plus an extra 15 days of work. The opposite is true if the kasambahay decides to leave without a good reason.

    • Any deployment expenses can be claimed from the maid provider if the kasambahay is dismissed within 6 months of their start date.

    Here are the valid reasons for you to dismiss your kasambahay before the end of their contract:

    • Misconduct or willful disobedience

    • Habitual neglect or inefficiency in doing their duties

    • Fraud

    • Crime or offense committed against you or any member of your family

    • Any violation of the employment contract

    On the other hand, here are valid reasons for your kasambahay to leave you before the end of their contract:

    • Verbal or emotional abuse by the employer or any member of the household

    • Physical abuse

    • A crime or offense you commit against them

    • Violation of contract

    • Any disease that may harm your kasambahay and/or any member of the household

    For more information about the Kasambahay Law, you can check this Q & A on Batas Kasambahay by DOLE.

     

    Source: DOLE, 8list.ph, GMA News Online

               
               
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    Hello po mabuhay tayong lahat. Tanong ko Lang po sana. Yung asawa ko ngtrabaho ng almost 6 years sa amo nya dito sa amin asawa po ng mayor bilang personal driver. Nasa manila po sila namamalagi at bihira lang kung umuwi dito sa amin sa probinsya. Itong nakaraang Dec. 26 umuwi po sila dito sa amin sa probinsya kong saan nakabase itong asawa nyang mayor. Kadalasan after New year babalik na sila ng manila. Pero itong uwi nila basta nalang nag text na wag na daw bumalik Ang asawa ko at ipapadala nalang daw Ang gamit nya ng wala naman dahilan basta nalang ganoon. Tanong ko po sana. May makukuha po bang separation pay Ang asawa ok sa amo nya? Ayaw po nya magbigay noong nag message ako kasi Ang sabi wala daw separation pay ang kasambahay. Yung personal driver po ba ang matatawag na kasambahay? Last year nalang din po nabigyan ng sss Ang asawa ko na kung susumahin ay nakatatlong hulugan lang po ang naremit po nya. Wala din syang regular na day off kasi kahit sunday basta may lakad pati extended family ng amo nya sya nagddrive. Salamat po sa sasagot. God bless us all.

    Anonymous
    one year ago

    Hello po mabuhay tayong lahat. Tanong ko Lang po sana. Yung asawa ko ngtrabaho ng almost 6 years sa amo nya dito sa amin asawa po ng mayor bilang personal driver. Nasa manila po sila namamalagi at bihira lang kung umuwi dito sa amin sa probinsya. Itong nakaraang Dec. 26 umuwi po sila dito sa amin sa probinsya kong saan nakabase itong asawa nyang mayor. Kadalasan after New babalik na sila ng manila. Pero itong uwi nila basta nalang nag text na wag na daw bumalik Ang asawa ko at ipapadala nalang daw Ang gamit nya ng wala naman dahilan basta nalang ganoon. Tanong ko po sana. May makukuha po bang separation pay Ang asawa ok sa amo nya? Ayaw po nya magbigay noong nag message ako kasi Ang sabi wala daw separation pay ang kasambahay. Yung personal driver po ba ang matatawag na kasambahay? Salamat po sa sasagot. God bless us all.

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    Anonymous
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    Not happy for the sallary wage of house helpers, but i learned a lot

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    Hi te. Kasambahay din ako te…Myron LA separation te kng cla ngpaalis say if ikaw kusa Ali’s wala pero my krapatng kng makuha yung nga benefits mo at 13monht pay mo.kng matigas amo punts ka sa labour Myron din sa intramorus at q.c.Myron din dito sa makati mlpit sa mapua school.dun mo cla reklamo at pwd kadin tumawag sa 8888 sun mo isumbong amo bukod sa labour….advice kulng te bawat arbiter nyo ng amo wagka absent kc kng pu.unta ka dun may fil upan ka at pqdlahn somon amo mo tapos bgyan k ng araw kng kylan kau mgharap sa amo mo….nya wag umab sent. Good luck maniwala k sakin te nglabour nku dati nkuha ko karapatan ko DNA kmi umbot sa nlrc….

    Anonymous
    4 years ago

    Papano naman po kung walang natatanggap n benefits kahit isa sa nabanggit at yung pagtaas po ba ng sahod ay fixed n hanggang 5000? ten years na po kasi akong yaya at all around housemaid nagsimula ako sa sahod na 2500 sa lumipas n limang taon ng pagtitiyaga tumaas yung sahod ko naging 5000 tapos nahinto na po yung pagtaas sa lumipas ulit na limang taon wala na akong natanggap na pagtaas ng sahod sa madaling sabi na fixed na yung sahod ko sa 5000 at buhat ng maisabatas itong law for kasambahay ay wala naman akong natanggap n benipisyo mula sa aking employer at sa sampung taon din na panunungkulan ko ay wala akong natatanggap na 13 month pay. May natatanggap po akong bonus every Christmastime half ng sahod ko then konting grocery. Sa katulad KO po bang umabot ng 10 years as trabaho ay may maaaring makuha na separation pay mula sa aking employer. Wala pong contruct paper sa pagitan namin ng aking employer sana po mabigyan nyo po ng kasagutan ang aking mga tanong ng ako ay malinawan.

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