{"id":3156,"date":"2016-09-15T15:55:43","date_gmt":"2016-09-15T07:55:43","guid":{"rendered":"http:\/\/primer.com.ph\/tips-guides\/?p=3156"},"modified":"2018-02-21T11:44:26","modified_gmt":"2018-02-21T03:44:26","slug":"expats-guide-kasambahay-law-domestic-workers-law","status":"publish","type":"post","link":"https:\/\/primer.com.ph\/tips-guides\/2016\/09\/15\/expats-guide-kasambahay-law-domestic-workers-law\/","title":{"rendered":"Expats’ Guide: Kasambahay Law (Domestic Workers Law)"},"content":{"rendered":"

It\u2019s been over 3 years since Republic Act (R.A.) 10361, knows as the \u201cDomestic Workers Act\u201d or the \u201cBatas Kasambahay,\u201d was enacted, yet people are still confused about some (if not most) of the terms.<\/span><\/p>\n

Here\u2019s a guide for you to understand R.A. 10361:<\/span><\/p>\n

What and Why<\/strong><\/span><\/p>\n

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\u2019s 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 <\/em>in Filipino.<\/span><\/p>\n

What is a \u201cKasambahay\u201d<\/strong><\/span><\/p>\n

\u00a0<\/span><\/p>\n

\"kasambahay\"<\/span><\/p>\n

A TYPICAL KASAMBAHAY. They should always be treated with respect since they practically keep you and your house going while you\u2019re at school or work, but they should also respect you. The Kasambahay Law is here to make sure that happens. (Image grabbed from <\/em>Official Gazette<\/em><\/a>)<\/em><\/p>\n

\u00a0<\/span><\/p>\n

The law defines a kasambahay <\/em>as one of the following:<\/span><\/p>\n

\u2022 General househelp, otherwise known as katulong
\n<\/em><\/span><\/p>\n

\u2022 Nursemaid or yaya<\/em><\/span><\/p>\n

\u2022 Cook<\/span><\/p>\n

\u2022 Gardener<\/span><\/p>\n

\u2022 Laundry person<\/span><\/p>\n

\u2022 Any working children or domestic workers 15 years or older but not over the age of 18<\/span><\/p>\n

\u2022 Anyone who regularly<\/strong> performs domestic work in one household on an occupational basis, also known as a live-out<\/strong> arrangement<\/strong><\/span><\/p>\n

The following, however, are not<\/span> considered as kasambahay<\/em>:
\n<\/span><\/p>\n

\u2022 Service providers<\/span><\/p>\n

\u2022 Family drivers<\/span><\/p>\n

\u2022 Children under foster family management<\/span><\/p>\n

\u2022 Anyone who performs work occasionally or sporadically and not on an occupational or regular basis (i.e. sideline)<\/span><\/p>\n

How to hire a kasambahay<\/strong><\/span><\/p>\n

With the passage of the law, kasambahays <\/em>are now treated as regular employees. This means you\u2019ll need an employment contract<\/strong> between you and the kasambahay<\/em>. The norm in the country is to ask if any of your friends know of someone who\u2019s looking for a job, but nowadays it\u2019s better to go through a private employment agency (i.e. a maid provider) to get rid of all the hassle.
\n<\/span><\/p>\n

The employment contract should be written in a language or dialect understood by you and the kasambahay, <\/em>and should contain the following:<\/span><\/p>\n

\u2022 The kasambahay<\/em>\u2019s duties and responsibilities<\/span><\/p>\n

\u2022 Period of employment<\/span><\/p>\n

\u2022 Compensation and authorized deductions<\/span><\/p>\n

\u2022 Hours of work<\/span><\/p>\n

Since we recommend going through a maid provider, the kasambahay<\/em> needs to submit standard pre-employment requirements, with the fees to secure them being paid for by the maid provider:
\n<\/span><\/p>\n

\u2022 Medical\/health certificate issued by a local government health officer<\/span><\/p>\n

\u2022 Barangay and police clearance<\/span><\/p>\n

\u2022 NBI clearance<\/span><\/p>\n

\u2022 NSO-authenticated copy of the birth certificate, or other documents that shows the age of the kasambahay<\/em><\/span><\/p>\n

\u00a0Compensation and benefits<\/strong><\/span><\/p>\n

The Kasambahay Law sets a minimum wage for your kasambahay<\/em>: 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.<\/span><\/p>\n

Apart from the standard pay, your kasambahay <\/em>is also entitled to the following after a month of service:<\/span><\/p>\n

\u2022 Social Security System (SSS)
\n<\/span><\/p>\n

\u2022 Philippine Health Insurance System (PhilHealth)<\/span><\/p>\n

\u2022 Home Development Mutual Fund (Pag-IBIG)<\/span><\/p>\n

\u2022 13th<\/sup> Month pay<\/span><\/p>\n

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<\/em> less than P5,000 a month, you will be required to shoulder the premium payments or contributions.
\n<\/span><\/p>\n

These come with giving your kasambahay <\/em>the basic necessities like food, shelter, and assistance during illness. You should also let your kasambahay<\/em> finish their basic education and give them access to higher learning if possible. They can\u2019t stay as your maids forever now, can they?<\/span><\/p>\n

Termination of service<\/strong>
\n<\/span><\/p>\n

If you want to dismiss your kasambahay<\/em>, or if your kasambahay <\/em>wants to leave, there are a few things you should keep in mind, especially if it\u2019s within your agreed period of employment:<\/span><\/p>\n

\u2022 A notice should be given 5 days before the date you and your kasambahay <\/em>intend to part ways.<\/span><\/p>\n

\u2022 A certificate of employment (CoE) should be given to the kasambahay<\/em> that indicates the nature and duration of service as well as work performance.<\/span><\/p>\n

\u2022 If you dismiss your kasambahay<\/em> for an unjustifiable reason (i.e. you felt like you no longer need him\/her), you need to pay them for the service they\u2019ve already rendered plus an extra 15 days of work. The opposite is true if the kasambahay<\/em> decides to leave without a good reason.<\/span><\/p>\n

\u2022 Any deployment expenses can be claimed from the maid provider if the kasambahay <\/em>is dismissed within 6 months of their start date.<\/span><\/p>\n

Here are the valid reasons for you to dismiss your kasambahay<\/em> before the end of their contract:
\n<\/span><\/p>\n

\u2022 Misconduct or willful disobedience<\/span><\/p>\n

\u2022 Habitual neglect or inefficiency in doing their duties<\/span><\/p>\n

\u2022 Fraud<\/span><\/p>\n

\u2022 Crime or offense committed against you or any member of your family<\/span><\/p>\n

\u2022 Any violation of the employment contract<\/span><\/p>\n

On the other hand, here are valid reasons for your kasambahay<\/em> to leave you before the end of their contract:
\n<\/span><\/p>\n

\u2022 Verbal or emotional abuse by the employer or any member of the household<\/span><\/p>\n

\u2022 Physical abuse<\/span><\/p>\n

\u2022 A crime or offense you commit against them<\/span><\/p>\n

\u2022 Violation of contract<\/span><\/p>\n

\u2022 Any disease that may harm your kasambahay<\/em> and\/or any member of the household<\/span><\/p>\n

For more information about the Kasambahay Law, you can check this Q & A on Batas Kasambahay<\/a> <\/em>by DOLE. <\/span><\/p>\n

\u00a0<\/em><\/span><\/p>\n

Source: <\/em>DOLE<\/em><\/a>, <\/em>8list.ph<\/em><\/a>, <\/em>GMA News Online<\/em><\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Make sure you know your house helper’s rights and your rights as employer.<\/p>\n","protected":false},"author":3,"featured_media":3157,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[112],"tags":[],"class_list":["post-3156","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-expat-guide"],"acf":[],"_links":{"self":[{"href":"https:\/\/primer.com.ph\/tips-guides\/wp-json\/wp\/v2\/posts\/3156","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/primer.com.ph\/tips-guides\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/primer.com.ph\/tips-guides\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/primer.com.ph\/tips-guides\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/primer.com.ph\/tips-guides\/wp-json\/wp\/v2\/comments?post=3156"}],"version-history":[{"count":3,"href":"https:\/\/primer.com.ph\/tips-guides\/wp-json\/wp\/v2\/posts\/3156\/revisions"}],"predecessor-version":[{"id":6072,"href":"https:\/\/primer.com.ph\/tips-guides\/wp-json\/wp\/v2\/posts\/3156\/revisions\/6072"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/primer.com.ph\/tips-guides\/wp-json\/wp\/v2\/media\/3157"}],"wp:attachment":[{"href":"https:\/\/primer.com.ph\/tips-guides\/wp-json\/wp\/v2\/media?parent=3156"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/primer.com.ph\/tips-guides\/wp-json\/wp\/v2\/categories?post=3156"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/primer.com.ph\/tips-guides\/wp-json\/wp\/v2\/tags?post=3156"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}