In A Nutshell: The Kasambahay Law
The Kasambahay Law or Republic Act (R.A.) 10361 seeks to protect and respect the rights and welfare of domestic workers in the Philippines. Under this law, household helpers are entitled to certain benefits and an agreed minimum wage.
Those covered by this law include (but are not limited to) general household helpers engaged in domestic work, whether on a live-in or live-out arrangement, yayas or nannies, cooks, gardeners, laundry persons, and working children 15 years old and above but below 18 years old. Here is a quick overview of The Kasambahay Law according to the Department of Labor and Employment (DOLE) Website.
1 Upon hiring of the kasambahay, there must be a signed employment contract* between the employer and the kasambahay. This must be written in a language or dialect that is easily understood by both parties. The contract should contain the following: a. Duties and responsibilities of the kasambahay;
b. Period of employment; c. Compensation; d. Authorized deductions; e. Hours of work and proportionate additional payment;
f. Rest days and allowable leaves; g. Board, lodging, three daily meals, and medical attention (e.g., first-aid services);
h. Agreements on deployment expenses, if any;
i. Loan agreement; j. Termination of employment; k. Any other lawful condition agreed upon by both parties.
2 The employer is also mandated to provide the kasambahay with the following benefits:
a. Monthly minimum wage (set at P2,500 in the National Capitol Region, P2,000 for cities and first-class municipalities, and P1,500 for other municipalities); this must be paid in cash, at least once a month;
b. Daily rest period of eight hours (total) ;
c. Weekly rest period of 24 (uninterrupted) hours ;
d. Paid five-day annual service incentive leave (eligible after one year of service);
e. 13th month pay given not later than December 24 (eligible after one month of service);
f. A non-negotiable SSS benefit (eligible after one month of service). If the kasambahay is receiving a monthly salary of less than P5,000, the employer must shoulder the entire SSS contribution;
g. A non-negotiable Philhealth benefit (eligible after one month of service);
h. A non-negotiable PAG-IBIG benefit (eligible after one month of service).
3 The employer must also provide the kasambahay with a copy of the pay slip every payday, containing the salary given and any deductions made.
4 The employer has the right to ask for pre-employment requirements such as NBI clearance, police clearance, barangay clearance, medical certificate, and birth certificate. However, the cost of procuring these requirements must also be shouldered by the employer. For a more comprehensive understanding of The Kasambahay Law, log on to dole.gov.ph. *The DOLE website has a standard employment contract that you can download.