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Domestic Workers Act [Batas Kasambahay]

Repulic Act No. 10361


The Domestic Workers Act applies only to domestic workers working within the
Philippines.
Domestic Worker (kasambahay)
- is a person engaged to work for a household within an employment relationship.
*Children or relatives of domestic worker who live under the employers roof and
share the accommodations provided for the domestic worker cannot be considered
as domestic workers if they were not engaged as such and are not required to
perform any substantial household work.
*The minimum age for employment of a domestic workers is fifteen (15) years old.
Hiring of Domestic Workers
Domestic workers can be hired directly or through a private employment agency.
If a private employment agency recruits domestic workers, it should require worker
to submit following documents:
a. Medical or a health certificate issued by a local government health officer;
b. Barangay and police clearance;
c. National Bureau of Investigation (NBI) clearance;
d. Duly authenticated birth certificate or any other document showing the
age of domestic worker
Employers who directly hire the domestic worker may also require the submission of
the above-mentioned documents.
The cost of the foregoing documents shall be borne by the prospective employer or
agency, as the case may be.
Terms and Conditions of Employment of Domestic Workers
1. Health and Safety
2. Free Board, Lodging and Medical Attendance
3. Daily Rest Period (eight hours per day)
4. Weekly Rest Period (at least twenty-four consecutive hours)
5. Appropriate Compensation for Assignment to Non-Household Work
6. Extent of Duty
7. Minimum Wage of Domestic Workers
a. P2,500.00/month in the National Capital Region (NCR)
b. P2,000.00/month in chartered cities and first class municipalities
c. P1,500.00/month in other municipalities
8. Payment of Wages (in cash; directly to the domestic worker; at least once a
month)
9. Pay Slip
10. Thirteenth Month Pay
11. Leave Benefits (annual service incentive leave five days with pay)
12. Social Security, PhilHealth and Pag-Ibig Fund
Rights and Privileges of Domestic Workers

1.
2.
3.
4.

Right to Humane Treatment


Right to Privacy
Access to Outside Communication
Right to Education and Training

Obligations of Domestic Workers


1. Render satisfactory service at all times;
2. Observe the terms and conditions of the employment contract;
3. Refrain from publicly disclosing any communication or information pertaining to
the employer or members of the household during and after employment.
January 18 Araw ng mgaKasambahay
Prohibited Activities (employer)
1. Prohibited Against Deposits for Loss or Damage
2. Prohibition on Interference in the Disposal of Wages
3. Prohibition Against Withholding of Wages
When the employment relation can be terminated?
1. If there is a just cause the domestic worker or the employer can terminate the
employment relations any time.
2. If there is no just cause the domestic worker or employer can terminate the
employment relations:
a. At the end of the stipulated period; or
b. If no stipulated period by giving five days advance notice.
Just Cause for Termination of Employment by the Domestic Worker
1. Verbal or emotional abuse;
2. Inhumane treatment including physical abuse;
3. Commission of a crime or offense against domestic worker;
4. Violation by the employer of the terms and conditions of the employment
contract and other standards set forth under the law;
5. If he is suffering from a disease prejudicial to the health of domestic worker the
employer, or member/s of the household; and
6. Other causes analogous to the foregoing.
Just Cause for Termination of Employment by the Employer
1. Misconduct or willful disobedience to lawful order in connection with work;
2. Gross or habitual neglect or inefficiency;
3. Fraud or willful breach of trust;
4. Commission of a crime or offense against the employer or any immediate
member of the employers family;
5. Violation by the domestic worker of the terms and conditions of the employment
contract and other standards set forth under the law;
6. If the domestic worker is suffering from a disease prejudicial to his health, the
health of the employer, or member/s of the household; and
7. Other causes analogous to the foregoing.

The Paternity Leave Act of 1996


Republic Act No. 8187
Paternity Leave
- refers to the time-off with pay granted to a married male employee by reason of
childbirth or miscarriage of his lawful wife so that he could lend support to his wife
during her period of recovery, or in nursing of the newly born child.
Coverage of the Law
The Paternity Act covers married male employees in both public and private sector.
Duration
Seven (7) days with full pay, available only for the first four (4) deliveries (or
miscarriage) of the legitimate spouse with whom he is cohabiting.
*Full pay consist of basic salary, all allowances and other monetary beneficiaries.
*Paternity leave benefit, if unused, is not convertible to cash.
Conditions for entitlement of paternity leave:
a. The woman who gave birth or suffered miscarriage must be the legal wife;
b. At the time of miscarriage or delivery of the child, the male must be:
(i.) an employee; and (ii.) cohabiting with his lawful wife.
c. The employee must notify the employer of the pregnancy of his wife, stating the
expected date of delivery.
d. The paternity leave can be availed only for the first four (4) childbirth or
miscarriage.
*The paternity leave may be enjoyed before, during, or after the delivery by his wife
but not later than sixty (60) days after the date of said delivery.

The Solo Parents Welfare Act of 2000

Republic Act No. 8972


A solo parent is a person left alone with the responsibility of parenthood due
to the following circumstances:
a. Giving birth as a result of rape or crimes against chastity;
b. Death of spouse;
c. Detention or imprisonment of spouse for at least one (1) year;
d. Physical or mental incapacity of spouse as certified by a public medical
practitioner;
e. Legal separation / de facto separation from spouse for at least one (1) year;
f. Declaration of nullity or annulment of marriage;
g. Abandonment of spouse for at least one (1) year;
h. An unmarried mother/father who preferred to keep and rear his/her child or
children instead of having others care for them or give them up to a welfare
institution;
i. A foster parent duly licensed by the Department of Social Welfare and
Development (DSWD) or a legal guardian appointed by the court, who solely
provided parental care and support to a child or children;
j. A family member who assumes the responsibility of head of family, as a result of
the death, abandonment, disappearance, or prolonged absence of the parents or
solo parent provided, that such abandonment, disappearance or absence lasts for at
least (1) year.
Benefits
a. Flexible work schedule;
b. Parental leave of not more than seven (7) days;
c. Educational benefits;
d. Housing benefits on liberal terms in low-cost government housing; and
e. Medical assistance
Flexible Work Schedule
- is a system whereby a solo parent employee is given the right to vary his/her
arrival and departure time without affecting the core work hours as defined by the
employer.

Magna Carta of Persons with Disability


Person with Disability
- refer to those who are suffering from certain limitations to perform an activity in
the manner considered normal for a human being, as a result of mental, physical or
sensory impairment.
Rights and Privileges of Persons with Disability:
1. Twenty percent (20%) Discount
2. Express Lanes
3. Right to Barrier-Free Environment
4. Free Use of Government Recreational or Sports Center
5. Free Postal Charges
6. Right to Equal Opportunity for Employment
7. Right to Equal Terms and Conditions of Employment
8. Right to Sheltered Employment
9. Right to Be Hired as Apprentices or Learners
10. Right to Quality Education
12. Right to Educational Assistance
13. Right to Health Services
14. Auxiliary Social Services
15. Mobility
16. Suffrage
17. Freedom of Expression
18. Self-Organization

The Special Protection of Children Against Abuse, Exploitation and


Discrimination Act
Republic Act. No. 7610
[as amended by Republic Act Nos. 7658 and 9231]
Purpose of the Law
Republic Act No. 761
Children
- refers to persons who are: (a) below eighteen (18) years of age; or (b) over
eighteen (18) years of age, but unable to fully take care or protect themselves from
abuse, neglect, cruelty, exploitation or discrimination due to physical or mental
disability or condition.
Employment of Children
General Rule: Children below fifteen (15) years old cannot be permitted or suffered
to work in any public or private establishment.
Exceptions:
a. When a child works directly under his parents or legal guardian
b. When the employment of a child is essential in public entertainment or
information
Hours of Work of Working Children
Below 15 years old -

Not more than four hours a day


Not more than twenty hours per a week
No work between 8:00 pm and 6:00 am

15-18 years old

Not more than eight hours a day


Not more than forty hours a week
No work between 10:00 pm and 6:00 am

Prohibited Child Employment


1. As a model in any advertisement which directly or indirectly promote:
a. alcoholic beverages or intoxicating drinks;
b. tobacco and its by-products;
c. gambling;
d. violence; or
e. pornography
2. In worst forms of labor, particularly:
a. Slavery or acts similar to slavery (sale and child trafficking, debt bondage
and serfdom, forced labor, use in armed conflict);
b. Prostitution, pornographic performance, or production of pornography
c. Illegal or illicit activities (including production and trafficking of dangerous
drugs and volatile substances);
d. Jobs which degrade or demean intrinsic worth and dignity of a child as
human being;

e. Jobs which are highly stressful psychologically, or which expose the child to
physical, emotional or sexual abuse;
f. Jobs which are performed underground, underwater or at dangerous
heights;
g. Jobs which involves the use of dangerous machineries, equipment and
tools;
h. Jobs which expose the child to physical danger;
i. Jobs which expose the child to hazardous working condition;
j. Jobs performed under particularly difficult conditions;
k. Jobs which expose the child to biological agents;
l. Jobs which involve the manufacture or handling explosives other
pyrotechnic products.
Handling of Childs Income
The income of working child belongs to him alone.
It shall be used for his support, education or skill acquisitions.
And secondarily to the collective needs of the family to the extent of 20% of
the income.
If the child earns at least P200,000.00 a year, the administrator is required to
set up at least thirty percent (30%) of the earnings as trust fund, to be accounted
for twice a year. (full control of trust fund should be turned over the child upon
reaching the age of majority)
If the child earns less than P200,000.00 a year, at least thirty percent (30%)
of the income should be deposited in a savings account.

The Magna Carta of Women


Republic Act No. 9710
Object of the Law
The Magna Carta of Women emphasizes the rights of women and
institutionalizes the substantive equality of men and women. The essence of the law
is not only to provide equal opportunities for women but also their empowerment.
The Rights of Women
1. Equal Rights in All Matters Relating to Marriage and Family Relations
2. Right to Be Protected From All Forms of Violence

3. Right to Be Protected in Times of Disasters, Calamities, and Other Crisis


Situations
4. Right to Participation and Equitable Representation in All Spheres in Society
5. Right Against Dismissal or Expulsion From School Due to Pregnancy Out of
Wedlock
6. Right to Health
7. Right to Special Leave Benefits
8. Right Against Discriminatory and Derogatory Portrayal in Media and Film
9. Right to Decent Work
10. Right to Resources for Food Production
11. Right to Livelihood, Credit, Capital, and Technology
12. Right to Education and Training
13. Right to Information
14. Right to Housing
15. Right to Representation and Participation in Policy-Making Bodies
16. Rights of Women in Especially Difficult Circumstances
17. Right of Women Senior Citizens to Protection

Laws Protecting Women and Children


1. Women in Development and Nation Building Act
2. Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act
3. Anti-Sexual Harassment Act of 1995
4. Anti-Rape Law of 1997
5. Rape Victim Assistance and Protection Act of 1998
6. Anti-Trafficking in Persons Act of 2003
7. Anti-Violence Against Women and Their Children Act of 2004