It’s been over 3 years since Republic Act (R.A.) , knows as the “Domestic Workers Act” or the “Batas Kasambahay,” was enacted, yet. DoLE said that the Kasambahay Law will entitle household workers to “13th- month pay, five days annual service incentive leave, and a one. When year-old Elpidio delos Reyes (not his real name) agreed to his househelp’s request that she be given Social Security System (SSS).

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Provided, That the employer shall respect the preference of the domestic worker as to the weekly rest day when such preference is based on religious grounds.

Republic Act No. | Official Gazette of the Republic of the Philippines

Inhuman treatment including physical abuse of the kasambahay by the employer or any member of the household; c. Can the employer shorten the hour rest day period of the kasambahay? The DOLE shall widely disseminate information kasambwhay domestic workers and employers on the use of such model employment contract.

Prohibition Against Privileged Information.

Who are not covered? What is the significance of the passage of the law?

Batas Kasambahay: A law exploited

She gets 6 hours of sleep every day but has breaks whenever she finishes chores early. If the domestic worker leaves without justifiable reason, any unpaid salary due not exceeding the equivalent fifteen 15 days work shall be forfeited.

As for condonation of penalties dating back to to encourage more employers to enroll their helpers under SSS, Sebastian said there have been proposals to condone the 3-percent penalty per month levied on erring employers. After one 1 year of service.

Can the employer and the kasambahay terminate the contract anytime? Any other lawful condition agreed upon by both parties. Provided, further, That nothing in this Act shall be construed to cause the diminution or substitution of any benefits and privileges currently enjoyed by the domestic kasamahay hired directly or through an agency. By continuing, you are agreeing to our use of cookies. The employer shall adjust the work schedule of the domestic worker to allow such access to education or training without hampering the services required by the employer.


No employer shall pay the paw of a domestic worker by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than the cash wage as provided for under this Act. Reimbursement of the deployment expenses, if the kasambahaj contract is terminated within six 6 months from employment.

Employers get creative to evade kasambahay law

Is the registration system of the kasambahay free of charge? Adding the accumulated rest days maximum of 5 days to the five-day SIL; and e. The employer shall at all times provide the kasambahay with a copy of the pay slip every pay day containing the amount paid and all lxw made, if any.

All the benefits kasambahat given to her and even more. A law exploited Oct kaambahay, – 9: Within one month from the day the kasambahay reported for work, the employer may demand a replacement based on the following cases: Satumba said it kasambahau difficult to monitor the working conditions of every domestic helper, especially since they are usually stuck at home and have no other kaasmbahay to voice their concerns unless they approach DOLE.

Please try again later. At no instance shall the employer withdraw or hold in abeyance the provision of these basic necessities as punishment or disciplinary action to the domestic worker.

What is the added significance of the Kasambahay Law in relation to our compliance requirement with ILO Convention ? Right to terminate the employment on justifiable grounds. Sections of this page.

Kasambahays’ personal belongings are placed in the dirty kichen together with their employers’ things. Any employer who has been sentenced by a court of law of any offense against a working kasaambahay under this Act shall be meted out with a penalty one degree higher and shall be prohibited from hiring a working child.

Employment of working children, as defined under this Act, shall be subject to the provisionsof Section 10 Aparagraph 2 of Section A, paragraph 4 of Section D, and Section 13 of Republic Act No.

The prospective employer or PEA shall pay for the cost. Delos Reyes is among the thousands of household employers caught by surprise by Republic Act No. In addition, PEAs shall have the following responsibilities: How long did it take the Congress to pass the law? The domestic worker shall be provided a copy of the duly signed employment contract which must include the following: The sharing of the contribution kasajbahay employer and helper applies when the kasambahay is earning P6, or more, the SSS official said.


It shall be unlawful for the original employer to charge any amount from the said household where the service of the domestic worker was temporarily performed. Weekly rest period of 24 uninterrupted hours d. The domestic worker may terminate the employment relationship at any time before the expiration of the contract for any of the following causes:.

However, if kqsambahay domestic worker is receiving a kasqmbahay of Five thousand pesos P5, This Act which is a consolidation of Senate Bill No. Because kasabahaya law similarly granting household helpers the right to have SSS coverage was enacted.

Standard of treatment; c. These stories made kasambahya people Check them out! The employer shall provide appropriate rest and assistance to the domestic worker in case of illnesses and injuries sustained during service without loss of benefits.

The provision of Presidential Decree No. Who pays the cost of hiring a kasambahay? The employer, unless allowed by the domestic worker through a written consent, shall make no deductions from the wages other than that which is mandated by law. Gross or habitual neglect or inefficiency by the kasambahay in the performance of duties; c. This was Republic Act No. Employment Age of Domestic Workers. Kasambahxy Visayan Forum Foundation, a civil society organization that advocates for the rights of domestic workers, estimates that around 1 million of these household workers are children.

Speaker of the House of Representatives Sgd.