Daily Tribune (Philippines)

Kasambahay gets SSS, Pag-IbIg and PhilHealth benefits

- Dear Atty. Angela, ATTY. JOJI ALONSO & ASSOCIATES Atty. Angela Antonio

I am about to give birth soon and we plan to get a yaya to help me take care of our baby. I live in Metro Manila and it is the first time we will hire a kasambahay. My husband and I would want to prepare our finances for this. aside from the monthly salary, are there other government-imposed benefits or incentives we would need to give? thank you.

Bibeth

Dear Bibeth,

Republic act (Ra) 10381, or the “Batas Kasambahay,” is the law governing both rights and liabilitie­s of kasambahay­s and their employers. this law was instituted for the protection and welfare of domestic helpers.

to summarize, these are the most important rights of domestic helpers under the law:

SECtIon 1. Rights and Privileges of Kasambahay. — the rights and privileges of the Kasambahay are as follows:

(a) Minimum wage (P2,500) for those employed in the national Capital Region;

(b) other mandatory benefits, such as the daily and weekly rest periods, service incentive leave, and 13th month pay;

(c) Freedom from employers’ interferen­ce in the disposal of wages;

(d) Coverage under the SSS, PhilHealth and Pag-IBIG laws; x x x (IRR of Ra 10361).

according to the law, apart from the minimum wage and rest weekly rest periods (day-off), a kasambahay is also entitled to leaves. When the kasambahay has rendered at least one year of service, he/she shall be entitled to an annual leave of at least five days with pay, non-cumulative and not convertibl­e to cash.

as regards 13th month pay, a kasambahay who has rendered at least one month of service is entitled to a 13th month pay, which shall not be less than one-twelfth (1/12) of his/her total basic salary earned in a calendar year.

Finally, a kasambahay who has rendered at least one month of service shall be covered by the Social Security System (SSS), Employees Compensati­on Commission (ECC), Philippine Health Insurance Corporatio­n (PhilHealth), and Pag-IBIG, and shall be entitled to all the benefits in accordance with their respective policies.

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