In A Nut­shell: The Kasam­ba­hay Law

Good Housekeeping (Philippines) - - Real Life -

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 *The DOLE web­site has a stan­dard em­ploy­ment con­tract that you can down­load.

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