Kasambahay Law Simplified

Mommies and Daddies did you know that Republic Act 10361 Or  Domestic Workers Act of Batas Kasambahay is now in effect?

It is in compliance with the International Labor Organization adoption of Convention No. 189, which sets new international standards for the protection of household helpers.

Just in case you are not aware, the law covers all domestic worker like

1. general house helper
2. cook
3. gardener
4. laundry person
5. driver

Wages

For Metro Manila, wages for domestic helper starts at P2,500.00. For cities and first class municipalities, P2,000.00 and P1,500.00 for other parts of the country.

Domestic workers rights and privileges

• The right to decent treatment
• The right to safety
• The right to privacy
• The right to access outside communication
• The right to eight total hours of rest
• The right to a weekly day-off
• The right to finish basic education
• The right to a copy his/her own contract
• The right against recruitment or finder’s fees
• The right against deposit for future loss/damage
• The right to a minimum wage
• The right to a 13th month pay
• The right to coverage under SSS, Pagibig or Philhealth

The employers rights and privileges under this law

• The right to satisfctory service at all times
• The right to require pre-employment document
• The right to consider forfeit if a portion of the salary

Pre-Employment Requirement

Prior to the execution of the employment contract, the employer may require the following from the domestic worker:

(a) Medical certificate or a health certificate issued by a local government health officer;

(b) Barangay and police clearance;

(c) National Bureau of Investigation (NBI) clearance; and

(d) Duly authenticated birth certificate or if not available, any other document showing the age of the domestic worker such as voter’s identification card, baptismal record or passport.

However, Section 12(a), (b), (c) and (d) shall be standard requirements when the employment of the domestic worker is facilitated through the Private Employment Agency

The cost of the foregoing shall be borne by the prospective employer or agency, as the case may be.

Specific grounds for termination of contract

For employer

For domestic worker

ARTICLE IX: PENAL AND MISCELLANEOUS PROVISIONS

SEC. 40. Penalty. – Any violation of the provisions of this Act declared unlawful shall be punishable with a fine of not less than Ten thousand pesos (P10,000.00) but not more than Forty thousand pesos (P40,000.00) without prejudice to the filing of appropriate civil or criminal action by the aggrieved party.