Even with the protection of Batas Kasambahay, a lot of domestic workers are still underpaid, overworked, and deprived of benefits provided under the law. Ellen plays games on her tablet during her break time. She gets 6 hours of sleep every day but has breaks whenever she finishes chores early. Her mother also works as a domestic helper for the same family. She mops the floors, dusts the shelves, refills the water bottles, and makes sure everything is clean and where it is supposed to be. She repeats this cycle in 3 different houses over a span of 6 days, and knows the corners of each room as if they were her own.
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Republic Act No. The Batas Kasambahay requires an Employment Contract be executed between the domestic worker and the employer before the commencement of the service in a language or dialect understood by both of them. The Employment Contract must include the duties and responsibilities of the domestic worker, period of employment, compensation, authorized deductions, hours of work and proportionate additional payment, rest days and allowable leaves, board, lodging and medical attention, agreements on deployment expenses, if any, loan agreement, termination of employment and any other lawful condition agreed upon by both parties.
Prior to the execution of the employment contract, at the option of the employer and at his own cost, the employer may require the following from the domestic worker:. If employment of the domestic worker is done through a private employment agency, these documents are mandatory and should be paid for by the employment agency.
It is the obligation of the employer to register his or her domestic worker in the Registry of Domestic Workers in the barangay where the employer resides. NCR-DW and effective 16 December , P2, a month for those employed in chartered cities and first class municipalities; and P1, a month for those employed in other municipalities.
Under the Batas Kasambahay, the employer shall provide the domestic worker with a copy of a pay slip indicating the amount paid in cash every pay day and deductions made. Copies of the pay slip shall be kept by the employer for 3 years. Premium payments or contributions shall be shouldered by the employer except if the domestic worker is receiving a wage of P5, Moreover, a domestic worker who has rendered at least one 1 year of service shall be entitled to an annual service incentive leave of five 5 days with pay.
It must be emphasized that any unused leaves are neither carried over to the succeeding years nor convertible to cash.
Neither the domestic worker nor the employer may terminate the contract before the expiration of the term except for grounds provided by the law. The domestic worker may terminate the employment relationship at any time before the expiration of the contract for any of the following causes:.
On the other hand, an employer may terminate the services of the domestic worker at any time before the expiration of the contract, for any of the following causes:. 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.
The domestic worker and the employer may mutually agree upon written notice to pre-terminate the contract of employment to end the employment relationship. Upon the severance of the employment relationship, the employer shall issue the domestic worker within five 5 days from request a certificate of employment indicating the nature, duration of the service and work performance.
For the protection of the employer, 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. We are located at the 16th Flr. Contact Form Name :.
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Republic Act No. 10361
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve. Short Title. Declaration of Policies. Definition of Terms. Advances or loans by the domestic worker are not included in the definition of deployment expenses. 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. Standard of Treatment.
Majority of our households nowadays have a yaya , kasambahay , house help, etc. These people contribute a lot in our day-to-day work in the household, especially when it comes to taking care of our kids. With extra help in the house, we have more time to prepare the household, be more productive at work, or even have some extra time for ourselves. While we enjoy the perks of having them at home, let us not forget that they have rights, privileges, and needs, too. Below is a summary of some of the pertinent parts of Republic Act No.
Leaves, Benefits, And More: What Kasambahays Are Entitled To According To The Law
Yayas and kasambahays are valuable to the household — they take care of the children, prepare our daily meals, keep the household clean, and more. But while trustworthy helpers are treated like family members, there are also some who unfortunately suffer abuse from their employers. Here is an easy-to-understand guide on what both parties are entitled to under the law, according to the infographic created by the Department of Labor and Employment. The law does not cover family drivers, service providers, children in foster family arrangements, and any worker who performs domestic work only occasionally or sporadically and not on an occupational basis sideline. According to the law, individuals who are 15 years old and above are permitted to be employed as kasambahays. Those below 18 years old would need the consent of their parents and guardians before employment and their work hours would differ from kasambahays of legal age. They are also not permitted to do work that will have a negative effect on their health, safety, and morality.