Kasambahay law

Who are covered: general househelp, yaya cook, gardener, laundry, any person doing domestic work
even in occasional basis

Not covered: service provider, family driver

Rights of kasambahay: minimum wage, benefits, sss pagibig philhealth, to be treated with respect and
not subject to abuse and violence

Free basic necessities = 3 meals a day, lodging, rest and medical assistance

THERE MUST BE A PRE-EMPLOYMENT CONTRACT!!!!!

DEBT BONDAGE IS NOT ALLOWED = UNPAID WORK TO PAY DEBT

Employment age = unlawful if below 15

Illegal Recruitment

Large scale = if committed against three (3) or more persons individually or as a group.

1. Small Scale = that the offender has no valid license or authority required by law to enable him
to lawfully engage in the recruitment and placement of workers, and/ or that the offender
undertakes any activity within the meaning of recruitment and placement defined under Republic
Act No. 10022 or any prohibited practices enumerated thereunder.

Syndicated = carried out by a group of three (3) or more persons conspiring or confederating
with one another

Traficking in persons

"(a) Trafficking in Persons – refers to the recruitment, obtaining, hiring, providing, offering,
transportation, transfer, maintaining, harboring, or receipt of persons with or without the victim's
consent or knowledge, within or across national borders by means of threat, or use of force, or other
forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the
vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent
of a person having control over another person for the purpose of exploitation which includes at a
minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced
labor or services, slavery, servitude or the removal or sale of organs.
SEC. 6. Qualified Trafficking in Persons. – Violations of Section 4 of this Act shall be considered as
qualified trafficking:

"x x x

"(d) When the offender is a spouse, an ascendant, parent, sibling, guardian or a person who exercises
authority over the trafficked person or when the offense is committed by a public officer or employee;

"x x x

"(f) When the offender is a member of the military or law enforcement agencies;

"(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies,
becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the
Acquired Immune Deficiency Syndrome (AIDS);

"(h) When the offender commits one or more violations of Section 4 over a period of sixty (60) or more
days, whether those days are continuous or not; and

"(i) When the offender directs or through another manages the trafficking victim in carrying out the
exploitative purpose of trafficking."

Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:

(a) When the trafficked person is a child;

(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the
"Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;

(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another. It is deemed committed in large scale if committed against
three (3) or more persons, individually or as a group;

(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises
authority over the trafficked person or when the offense is committed by a public officer or
employee;

(e) When the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies;

(f) When the offender is a member of the military or law enforcement agencies; and

(g) When by reason or on occasion of the act of trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus
(HIV) or the Acquired Immune Deficiency Syndrome (AIDS).

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Anti Sexual Harrassment

The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued
employment of said individual, or in granting said individual favorable compensation, terms, conditions,
promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or
classifying the employee which in any way would discriminate, deprive or diminish employment
opportunities or otherwise adversely affect said employee; (2) The above acts wold impair the
employee’s rights or privileges under existing labor laws; or (3) The above acts would result in an
intimidating, hostile, or offensive environment for the employee.

(b) In an education or training environment, sexual harassment is committed: (1) Against one who is
under the care, custody or supervision of the offender; (2) Against one whose education, training,
apprenticeship or tutorship is entrusted to the offender; (3) When the sexual favor is made a condition
to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend,
allowance or other benefits, privileges, or considerations; or (4) When the sexual advances result in an
intimidating, hostile or offensive environment for the student, trainee or apprentice.

SEC. 5. Liability of the Employer, Head of Office, Educational or Training Institution. — The employer or
head of office, educational or training institution shall be solidarily liable for damages arising from the
acts of sexual harassment committed in the employment, education or training environment if the
employer or head of office, educational or training institution is informed of such acts by the offended
party and no immediate action is taken thereon.

Solo parent act

(a) "Solo parent" - any individual who falls under any of the following categories:

(1) A woman who gives birth as a result of rape and other crimes against chastity even
without a final conviction of the offender: Provided, That the mother keeps and raises the
child;

(2) Parent left solo or alone with the responsibility of parenthood due to death of spouse;

(3) Parent left solo or alone with the responsibility of parenthood while the spouse is
detained or is serving sentence for a criminal conviction for at least one (1) year;

(4) Parent left solo or alone with the responsibility of parenthood due to physical and/or
mental incapacity of spouse as certified by a public medical practitioner;

(5) Parent left solo or alone with the responsibility of parenthood due to legal separation
or de facto separation from spouse for at least one (1) year, as long as he/she is entrusted
with the custody of the children;
 (6) Parent left solo or alone with the responsibility of parenthood due to declaration of nullity
or annulment of marriage as decreed by a court or by a church as long as he/she is
entrusted with the custody of the children;

(7) Parent left solo or alone with the responsibility of parenthood due to abandonment of
spouse for at least one (1) year;

(8) Unmarried mother/father who has preferred to keep and rear her/his child/children
instead of having others care for them or give them up to a welfare institution;

(9) Any other person who solely provides parental care and support to a child or children;

(10) Any 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.

A change in the status or circumstance of the parent claiming benefits under this Act, such
that he/she is no longer left alone with the responsibility of parenthood, shall terminate
his/her eligibility for these benefits.

Section 6. Flexible Work Schedule. - The employer shall provide for a flexible working schedule for
solo parents: Provided, That the same shall not affect individual and company
productivity: Provided, further, That any employer may request exemption from the above
requirements from the DOLE on certain meritorious grounds.

Section 7. Work Discrimination. - No employer shall discriminate against any solo parent employee
with respect to terms and conditions of employment on account of his/her status.

Section 8. Parental Leave. - In addition to leave privileges under existing laws, parental leave of not
more than seven (7) working days every year shall be granted to any solo parent employee who has
rendered service of at least one (1) year.