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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The State recognizes the need to protect the rights of domestic workers against abuse, harassment, violence, economic exploitation and performance of work that is hazardous to their physical and mental health. (Section 2(c), Republic Act No. 10361)
Domestic workers play a vital role in Filipino households. Recognizing their contribution, the State enacted Republic Act No. 10361, otherwise known as the Domestic Workers Act or Batas Kasambahay, to ensure their protection and welfare.
Under Section 3, the law applies to all domestic workers employed and working within the Philippines.
State Policy
The State recognizes the need to protect the rights of domestic workers against abuse, harassment, violence, economic exploitation and performance of work that is hazardous to their physical and mental health. (Section 2(c), Republic Act No. 10361)
The State, in protecting domestic workers and recognizing their special needs to ensure safe and healthful working conditions, promotes gender-sensitive measures in the formulation and implementation of policies and programs affecting the local domestic work. (Section 2(d), Republic Act No. 10361)
What is Domestic Work?
Domestic work refers to work performed in or for a household or households. (Section 2(c), Republic Act No. 10361)
A 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
However, this shall exclude any person who performs domestic work only occasionally or sporadically and not on an occupational basis. (Section 2(d), Republic Act No. 10361)
Core Right of Kasambahays
1. Right to Humane Treatment
Under Section 5, the employer or any member of the household shall not subject a domestic worker or “kasambahay” to any kind of abuse nor inflict any form of physical violence or harassment or any act tending to degrade the dignity of a domestic worker.
2. Right to Basic Necessities
Section 6 states that the employer shall provide for the basic necessities of the domestic worker to include at least three (3) adequate meals a day and humane sleeping arrangements that ensure safety.
Further, the employer shall provide appropriate rest and assistance to the domestic worker in case of illnesses and injuries sustained during service without loss of benefits.
At no instance shall the employer withdraw or hold in abeyance the provision of these basic necessities as punishment or disciplinary action to the domestic worker.
3. Right to Privacy
Respect for the privacy of the domestic worker shall be guaranteed at all times and shall extend to all forms of communication and personal effects. This guarantee equally recognizes that the domestic worker is obliged to render satisfactory service at all times. (Section 7)
4. Written Employment Contract
5. Right to Fair Compensation and Benefits
Section 24 states that the minimum wage of domestic workers shall not be less than the following:
- Two thousand five hundred pesos (P2,500.00) a month for those employed in the National Capital Region (NCR);
- Two thousand pesos (P2,000.00) a month for those employed in chartered cities and first class municipalities; and
- One thousand five hundred pesos (P1,500.00) a month for those employed in other municipalities.
After one (1) year from the effectivity of this Act, and periodically thereafter, the Regional Tripartite and Productivity Wage Boards (RTPWBs) shall review, and if proper, determine and adjust the minimum wage rates of domestic workers.
6. Right to Proper Payment of Wages
Under Section 25, the payment of wages shall be made on time directly to the domestic worker to whom they are due in cash at least once a month. The employer, unless allowed by the domestic worker through a written consent, shall make no deductions from the wages other than that which is mandated by law. No employer shall pay the wages of a domestic worker by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than the cash wage as provided for under this Act.
The domestic worker is entitled to a thirteenth month pay as provided for by law.
7. Right to Rest Periods
The Rest Periods of a domestic worker are as follows:
a. Daily Rest Period.
The domestic worker shall be entitled to an aggregate daily rest period of eight (8) hours per day. (Section 20)
b. Weekly Rest Period.
The domestic worker shall be entitled to at least twenty-four (24) consecutive hours of rest in a week. The employer and the domestic worker shall agree in writing on the schedule of the weekly rest day of the domestic worker: Provided, That the employer shall respect the preference of the domestic worker as to the weekly rest day when such preference is based on religious grounds. Nothing in this provision shall deprive the domestic worker and the employer from agreeing to the following:
- Offsetting a day of absence with a particular rest day; THESAD
- Waiving a particular rest day in return for an equivalent daily rate of pay;
- Accumulating rest days not exceeding five (5) days; or
- Other similar arrangements. (Section 21)
8. Right to Health and Safety
Section 19 provides that the employer shall safeguard the health and safety of the domestic worker in accordance with laws, rules and regulations, with due consideration of the peculiar nature of domestic work.
9. Right to Security of Tenure
a. Termination of Service. Neither the domestic worker nor the employer may terminate the contract before the expiration of the term except for grounds provided for in Sections 33 (Termination Initiated by the Domestic Worker) and 34 (Termination Initiated by the Employer) of this Act.
If the domestic worker is unjustly dismissed, the domestic worker shall be paid the compensation already earned plus the equivalent of fifteen (15) days work by way of indemnity. If the domestic worker leaves without justifiable reason, any unpaid salary due not exceeding the equivalent fifteen (15) days work shall be forfeited. In addition, the employer may recover from the domestic worker costs incurred related to the deployment expenses, if any: Provided, That the service has been terminated within six (6) months from the domestic worker’s employment.
Other Rights and Privileges of Kasambahays
The other rights and privileges of the kasambahays as stipulated under Republic Act No.10361 and its Implementing Rules and Regulations are as follows:
- Minimum wage;
- Other mandatory benefits, such as the daily and weekly rest periods, service incentive leave, and 13th month pay;
- Freedom from employers’ interference in the disposal of wages;
- Coverage under the SSS, PhilHealth and Pag-IBIG laws;
- Standard of treatment;
- Board, lodging and medical attendance;
- Right to privacy;
- Access to outside communication;
- Access to education and training;
- Right to form, join, or assist labor organization;
- Right to be provided a copy of the employment contract as required under Section 7, Rule II of this IRR;
- Right to certificate of employment as required under Section 5, Rule VII of this IRR;
- Right to terminate the employment as provided under Section 2, Rule VII of this IRR; and
- Right to exercise their own religious beliefs and cultural practices.
Some of the Obligations of the Kasambahay under the law:
- Prohibition Against Privileged Information. — 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. Such privileged information shall be inadmissible in evidence except when the suit involves the employer or any member of the household in a crime against persons, property, personal liberty and security, and chastity. (Section 10, Republic Act No. 10361)
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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