KASAMBAHAY LAW (RA 10361)
President Aquino signed the Kasambahay law last January 18,
2013, which becomes effective this February 10, 2013.
1.
Who is a domestic worker?
Kasambahay refers to any person engaged in
domestic work within employment relationship such as general househelp,
nursemaid, cook, gardener, and laundry person.
2.
I hire a yaya once in a while for my kids
everytime I leave the house, am I covered by the law?
NO. domestic work engaged sporadically or occasionally
is not covered by the law.
3.
My yaya is only fifteen(15) years old, am I violating the law?
NO. the law provides that the employment
age of domestic worker is 15 years old and above. (I am in the opinion that
since 15 is considered a minor, the employer needs to ask consent from the
parents or guardians and to apply for work permit at DOLE)
4.
What is the Minimum Wage for a domestic worker?
a.
PhP 2,500 per month for those employed in NCR.
b.
PhP 2,000 per month for those employed in
chartered cities and first class municipalities.
c.
PhP 1,500 per month for those employed in other
municipalities
5.
Am I obligated to increase the salary of a
domestic worker every year?
No. There is obligation on the employer to
give an increase, but the parties may agree for an annual increase. It is DOLE
(Regional Tripartite and Productivity Wage Board), which is mandated to review annually if
there is a need to increase the minimum wage.
6.
Do I have to pay thirteenth month pay?
YES. The law specifically provides that 13th
month pay is due to the domestic worker, who had rendered at least one month of
service.
7.
Do I have to give pay slip?
Yes. The employer at all times must provide
pay slip containing the amount paid in cash every pay day, and indicating all
deductions made, if any. The employer must keep the copy of the payslip for a
period of three (3) years.
8.
What is Leave Benefits?
The domestic worker who had rendered at
lease one year of service shall be entitled to an annual service incentive
leave of five days with pay. Unused leave is not convertible to cash and is not
cumulative.
9.
What are the rest periods for domestic workers?
Everyday- the domestic worker shall be
entitled to an aggregate daily rest period of 8 hours.
Every week- the domestic worker shall be
entitled to a 24 consecutive hours of rest in a week. Otherwise, the employer must pay the equivalent daily rate of the domestic worker.
10.
What other basic benefits are given to domestic workers?
The employer shall provide Board, Lodging,
and Medical Attendance.
11.
Can my yaya use telephone?
The employer shall grant access to outside
communication during free time, except during emergencies where the domestic work may be allowed to use the telephone even during working hours. Should the domestic
worker make use of the employer’s telephone, the cost shall be borne by the
domestic worker, unless waived by the employer.
12.
Am I obligated to enroll my yaya to school?
An employer shall afford the domestic
worker the opportunity to finish basic education, i.e. High School. However, if
the domestic worker does not want to enroll, the employer is not obligated.
13.
My yaya knows our family secrets and she might
disclose it publicly?
All communication and information
pertaining to the employer or members of the household shall be treated as
privileged and confidential, and shall not be publicly disclosed by the
domestic worker during and after employment. It is also inadmissible in
evidence.
14.
Do I have to execute an employment contract?
Yes. A written contract is required for domestic
worker services. DOLE is mandated to develop a model employment contract. (As
of this date, there is no model contract provided by DOLE).
15.
What are the pre-employment requirements for a
domestic worker?
a.
Medical Certificate
b.
Barangay and Police Clearance
c.
NBI Clearance
d.
Duly authenticated birth certificate, or if not
available, any other document showing the age of the domestic worker.
Note: the cost of the foregoing
shall be borne by the prospective employer.
16.
What are the governmental obligations of an
employer?
a.
The employer shall register all domestic workers
in the Registry of Domestic Workers in the barangay (As of now there is no implementing rules to govern such registration).
b.
SSS, Philhealth, Pag-ibig- whenever the domestic
worker had rendered at least one month of service. Premium payments or
contributions shall be shouldered by the employer. However, if the domestic
worker is receiving a wage of PhP 5000 and above per month, the domestic worker
shall pay the proportionate share in the premium payments.
17.
My yaya leaves without justifiable reason, what
are my remedies?
If the domestic worker leaves without any
justifiable reason, any unpaid salary for a period not exceeding 15 days shall
be forfeited. The employer may recover from the domestic worker cost incurred
related to the deployment expenses.
18.
Can a domestic worker terminate her contract?
The domestic worker may terminate her employment
relationship anytime before the expiration of the contract when there is: (a)
verbal or emotional abuse, (b) inhuman treatment, (c) commission of a crime
against the domestic worker, (d) violation of the contract, (e) disease
prejudicial to health, (f) other analogous causes.
19.
Can the employer terminate the contract before
its expiration?
The employer may terminate the contract on
the following grounds, (a) misconduct or willful disobedience, (b) gross or
habitual neglect or inefficiency in the performance of duties, (c) fraud or
willful breach of trust, (d) commission of a crime against the employer, (e)
violation of contract, (f) disease prejudicial to health, (g) other analogous
causes.
