Batas Kasambahay (R.A.10361)

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Last January 18, 2013, the President of the Philippines just signed into law Republic Act No. 10361,

which is otherwise known as the Batas Kasambahay.

First and foremost the intent of the law is to protect and recognize the needs of our domestic workers in

order to ensure their health and well-being while they are being employed in our households.

For some of us, our helpers have been with us and our families for years. In fact, a lot of us treat them

like members of the family. We trust them to take care of our homes, cars, pets and yes, even tend to

our children's needs whenever we are away. In turn, we share our meals with them and bring them with

us on holidays.

For those of us who have helpers, it is important to understand and know the salient features of this

law:

Who are covered? All domestic workers (not limited to: general househelpers, gardeners, laundry

person, cook) working within the Philippines. (Sec. 3,4)

What are their rights and privileges as well as the terms and conditions of their employment? Of course,

we should not abuse or mistreat our helpers. Apart from this, we are required by law to:

provide three (3) adequate meals a day and humane sleeping quarters, (Sec. 6)

guarantee privacy of communication and personal effects, (Sec. 7)

provide rest and assistance when they are sick or ill, (Sec. 6)

grant access to outside communication during their free time, (Sec. 8)

give them an opportunity to finish basic education and adjust their work schedules to permit this, (Sec.

9)

after they have rendered service for one year, they are entitled to an annual service incentive leave of

five (5) days with pay, (Sec. 29)

give them thirteenth month pay, (Sec. 25)

allow them a daily rest period of 8 hours a day, (Sec. 20)

allow them 24 consecutive hours of rest a week, (Sec. 21)

What kind of service should we expect from them? They are obligated to provide satisfactory service at

all times (Sec 7) and keep private and confidential all information and communication pertaining to us

and the entire household (Sec 10).

When we are hiring a new domestic worker can we require them to submit certain clearances as a pre-

condition to employment? Yes, we may require the prospective domestic worker to procure and

submit to us the following documents: medical certificate, barangay/police clearance, NBI clearance,

duly authenticated birth certificate or any document that would show his/her age. All of which shall be

at our expense. However, if we employ the domestic worker through an agency, these documents are

standard requirements and are likewise to be procured at the expense of the agency. (Sec. 12)

Can we employ a child as a domestic worker? Under the Philippine Family Code, a person below 18

years of age is still considered a child. However, for purposes of the Batas Kasambahay, we can employ a

child who is at least 15 years old. (Sec. 16)

Is there a minimum wage set for a domestic worker? The minimum wage has been set at: Php 2500.00

(NCR), Php2000.00 (chartered cities and first class municipalities) and Php1,500 (employed in other

municipalities). (Sec.24)

Can we pay their wages through other means (for example: rice, clothes, gift cheques) other than cash?

No. (Sec. 25)

If we have agreed upon the terms and conditions of employment, is there a need to put all of these in

writing? Yes, a contract must be executed in the language (or dialect) that both parties (we and the

prospective domestic worker) understand to show what has been agreed upon in relation to the duties

and responsibilities, compensation, authorized deductions, hours of work and proportionate additional

pay, rest days and allowable leaves, board, lodging and medical attention, loan agreements, termination

of employment and other such lawful agreements. (Sec. 11)

What are some of the authorized deductions, if any? If the domestic worker is receiving compensation in

the amount of Php5000.00 and higher, their share in the premium payments/ contributions for SSS,

Philhealth and Pag-Ibig shall be deducted from their salary. (Sec. 30)

Apart from those authorized deductions, can we withhold or deduct other things from their salaries?

Technically, we cannot withhold any of their salaries (Sec. 28) nor can we deduct (Sec. 25) money from

their salaries. An exception is when the deduction has been agreed upon in writing by the domestic

worker. (Sec. 25)

What if the compensation I am giving my domestic worker is less than Php5000.00, can I deduct her/his

share of contributions? No. In this case, we (as employers) must pay and shoulder both the employer's

and employee's share in the contributions to SSS, Philhealth and Pag-Ibig. (Sec. 30)

When do we start remitting to SSS, Philhealth and Pag-Ibig for the contributions of our domestic

worker? We are required to report and remit their corresponding contributions after one (1) month of

service with us. (Sec. 30)

Are we required to issue them a pay slip? Yes, we need to give them a pay slip every pay day showing

how much they received and if there has been any deductions.

Can we terminate the services of our domestic workers at any time and whatever reason? No. The law

only allows us to immediately terminate the services of the domestic worker if he/she commits any of

those acts enumerated under Section 34. If the reason for the termination is not enumerated in Section

34, we are required to pay the domestic worker an additional 15 days worth of wages as indemnity.

Can our domestic workers simply quit working? It is only justified for the causes enumerated in Section

33. Otherwise, any salary due to him/her (not exceeding 15 days worth of wages) shall be forfeited.

Of course some of the provisions of the law cannot be immediately complied with because the

Implementing Rules and Regulations has yet to be issued. For instance, the law requires that we register

our household helpers in a register of domestic workers in our barangay. And yet, the Department of

Interior and Local Government together with the Department of Labor and Employment has still to

formulate a registration system for this purpose.

As for ensuring that they get their SSS, Philhealth and Pag-Ibig benefits, we can now enroll as employers

and we can also require them to enroll themselves as members of SSS, Philhealth and Pag-Ibig.