10361  is an Act Instituting Policies for the Protection and Welfare of Domestic Workers, otherwise known as ‘Domestic Workers Act’ or ‘Batas Kasambahay.’ SIGNIFICANCE OF THE PASSAGE OF THE LAW The law is a landmark piece of labor and social legislation that recognizes for the first time domestic workers as similar to those in the formal sector. It strengthens respect, protection, and promotion of the rights and welfare of domestic workers or kasambahay. Estimates place the number of local kasambahay at 1.9 million. DEFINITION OF TERMS (a) Debt bondage refers to the rendering of service by the domestic worker 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. (b) Deployment expenses refers to expenses that are directly used for the transfer of the domestic worker from place of origin to the place of work covering the cost of transportation. Advances or loans by the domestic worker are not included in the definition of deployment expenses. (c) Domestic work refers to work performed in or for a household or households. (d) Domestic worker or “Kasambahay” refers to any person engaged in domestic work within an employment relationship such as, but not limited to, the following: general househelp, nursemaid or “yaya”, cook, gardener, or laundry person, but shall exclude any person who performs domestic work only occasionally or sporadically and not on an occupational basis. 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.e. “baon”, transportation, school projects and school activities. (e) Employer refers to any person who engages and controls the services of a domestic worker and is party to the employment contract. (f) Household refers to the immediate members of the family or the occupants of the house that are directly provided services by the domestic worker. (g) Private Employment Agency (PEA) refers to any individual, legitimate partnership, corporation or entity licensed to engage in the recruitment and placement of domestic workers for local employment. (h) Working children, as used under this Act, refers to domestic workers who are fifteen (15) years old and above but below eighteen (18) years old. KASAMBAHAY COVERED BY THE LAW All kasambahay engaged in domestic work, whether on a live-in or live-out arrangement, such as, but not limited to, the following:  general househelp;  yaya;  cook;

They shall not be allowed to work for more than eight (8) hours a day. and d. b. NBI clearance.  The employer. Barangay and police clearance. NOT COVERED The following are not covered by the Batas Kasambahay:  service providers. and in no case beyond forty (40) hours a week. and  any other person who performs work occasionally or sporadically and not on an occupational and regular basis. and 4. c. voter’s identification card. or finder’s fee. baptismal record. working children or domestic workers 15 years and above but below 18 years of age. HOW CAN AN EMPLOYER HIRE A KASAMBAHAY?  An employer can hire directly or through private employment agencies (PEA) registered with the DOLE regional offices. whether the kasambahay is hired directly or through PEA. Duly authenticated birth certificate or. the employer has the option to require the following from a kasambahay: a. PRE-EMPLOYMENT REQUIREMENTS Before entering into an employment contract.  family drivers.  The kasambahay shall not be charged of any cost of the recruitment. CONDITIONS FOR THE EMPLOYMENT OF CHILDREN FIFTEEN (15) BUT BELOW EIGHTEEN (18) YEARS OF AGE 1.  The employer. if not available. whether the kasambahay is directly hired or through PEA.  children under foster family arrangement. or passport showing the kasambahay’s age. placement. They shall not be allowed to work between ten o’clock in the evening and six o’clock in the morning of the following day. . 3. They shall not be allowed to do hazardous work.    gardener. or any person who regularly performs domestic work in one household on an occupational basis (live-out arrangement). 2. laundry person. shall shoulder the expenses for hiring. They shall not be denied access to education and training. Medical certificate or health certificate issued by a local government health officer. EMPLOYABLE AGE FOR A KASAMBAHAY  Fifteen (15) years old and above. shall pay the expenses that are directly used for the transfer of the kasambahay from place of origin to the place of work.

and certification of kasambahay. join. Right to terminate employment based on just cause. SSS benefit. g. Board.P2. Prohibition against privileged information. Employer may require certain pre-employment documents prior toengagement. e. Termination of employment.000.500. Weekly rest period of 24 (uninterrupted) hours d. g. 5 days annual service incentive leave with pay. Board. MANDATORY BENEFITS OF THE KASAMBAHAY a. i. Access to education and training. e.00 PROVISIONS PROTECTING EMPLOYERS OF KASAMBAHAY a. Any other lawful condition agreed upon by both parties. Authorized deductions. c. Access to outside communication. c. Agreements on deployment expenses. e.00 3. b. d. c. and h. and medical attendance. if any. Rest days and allowable leaves. d. f. Period of employment. Pag-IBIG benefit. f. Right to be provided a copy of the employment contract. i. Freedom from employer’s interference in wage disposal. g. Right to Certificate of Employment. 13th month pay. and . b. Forfeiture of 15-day unpaid salary should the kasambahay leave the residence of the employer without any justifiable reason. PhilHealth benefit. Right to exercise religious beliefs and cultural practices. Other municipalities . j. Employers are assured of quality services through DOLE-TESDA training. and k. Right to form. h. Right to privacy. or assist labor organization. Daily rest period of 8 (total) hours. f. b.CONTENTS OF THE EMPLOYMENT CONTRACT a. c. Cities and 1st class municipalities . OTHER RIGHTS AND PRIVILEGES OF THE KASAMBAHAY a. lodging and medical attention. Monthly minimum wage. and k. MONTHLY MINIMUM WAGE OF A KASAMBAHAY For those employed in: 1. b.00 2. Duties and responsibilities of the kasambahay.P1.P2. j. d. Compensation. Standard of treatment. assessment. Hours of work and proportionate additional payment.500. National Capital Region . h. Loan agreement. lodging.

Other causes analogous to the foregoing. Fraud or willful breach of the trust reposed by the employer on the kasambahay. Commission of a crime or offense against the kasambahay by the employer or any member of the household. Verbal or emotional abuse of the kasambahay by the employer or any member of the household. b. Assist the kasambahay in filing his/her complaints or grievances against the employers. c. RESPONSIBILITIES OF THE PRIVATE EMPLOYMENT AGENCY UNDER THE LAW a. d. Ensure that the kasambahay is not changed or required to pay any recruitment or placement fees. PhilHealth. Assume joint and solidary liability with the employer for payment of wages. or member/s of the household. Ensure that the employment agreement between the kasambahay and the employer stipulates the terms and conditions of employment and all the benefits in accordance with the IRR. c. KASAMBAHAY CANTERMINATE THE CONTRACT AT ANY TIMEON THE FOLLOWING GROUNDS: a. Any disease prejudicial to the health of the kasambahay. Commission of a crime or offense by the kasambahay against the person of the employer or any immediate member of the employer’s family. . e. g. h. and i. and Pag-IBIG membership. f. Cooperate with government agencies in rescue operations involving abused or exploited kasambahay. b. wage-related and other benefits. and g. b. Violation by the employer of the terms and conditions of the employment contract and other standards set forth under the law. Provide a pre-employment orientation briefing to the kasambahay and the employer about their rights and responsibilities in accordance with this IRR. Keep copies of employment contracts and agreements pertaining to recruited kasambahay which shall be made available during inspections or whenever required by the DOLE or local government officials. and f. the employer. Inhuman treatment including physical abuse of the kasambahay by the employer or any member of the household. Violation by the kasambahay of the terms and conditions of the employment contract and other standards set forth under the law. Other causes analogous to the foregoing. Right to terminate the employment on justifiable grounds. Gross or habitual neglect or inefficiency by the kasambahay in the performance of duties. d. Secure the best terms and conditions of employment for the kasambahay. THE EMPLOYER CAN ALSO TERMINATE THE CONTRACT AT ANY TIMEON THE FOLLOWING GROUNDS: a. including monthly contribution for SSS. e. f.e. Misconduct or willful disobedience by the kasambahay of the lawful order of the employer in connection with the former’s work. Any disease prejudicial to the health of the kasambahay. the employer. Ensure that the kasambahay is qualified as required by the employer. e. or member/s of the household. d. c.

e. Withholding of the kasambahay’s wages. and f. they will be reluctant to hire him to do house chores for food because they might be violating the Kasambahay There is a risk that domestic workers who are already getting more than the minimum will get a lower salary. If a family will pity a poor neighbor who is suffering from hunger. the relationship between the employer and domestic workers is bound to change. 000 to be imposed by the DOLE Regional Offices. d.pdf .000 to Requiring kasambahay to make deposits for loss or damage. Interference in the disposal of the kasambahay’s wages. since there are employers who are concerned only with meeting the minimum requirements of the law. Sources: http://www. PENALTIES  Unlawful acts are punishable with an administrative fine ranging from P 10. There are also members of the urban poor who cannot afford the P2. c. Because of certain provisions of the law. which is common in Philippine http://www. b. Placing the kasambahay under debt Charging another household for temporarily performed http://www. 500 monthly rate for house-helps but they need them especially in their livelihood. It may no longer be possible for some families to accept relatives or individuals from the province who want to help them at home in exchange for an education. LOOPHOLES       The law affects the chances of some domestic workers to go to school and earn a degree since some employers might no longer be able to afford it. Employment of children below 15 years of age.SPECIFIC ACTS DECLARED “UNLAWFUL” UNDER THE LAW a.

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