Over time, with input from all stakeholders – Kasambahay and domestic employers, relevant government agencies (DOLE, DILG [especially Punong Barangay], DSWD, Philippine National Police, SSS, PhilHealth, Pag-Ibig and the Department of Justice and Judiciary – gaps can be filled. For example, while Article 11 of the employment contract states that “working time and pro rata share” is one of the minimum conditions of employment, nothing in Republic Act No. 10361 specifies the Kasambahay`s normal working hours on which such a “proportional additional payment” is to be expected. Kasambahay is entitled to a total daily rest period of eight hours per day and at least 24 consecutive hours of rest per week. The employer and the Kasambahay agree in writing on the schedule of the weekly day of rest, but the Kasambahay`s preference if it is based on religious reasons is respected. If the Kasambahay was hired through a private employment agency or a third party, the agency will not charge the placement or placement fees of domestic workers. Kasambahay should receive the minimum wage set in its region. For reference, the minimum wage in each region can be found on the website of the National Wages and Productivity Commission. For example, in the National Capital Region, the current monthly minimum wage for a kasambahay is set at 5,000 pesos. Currently, registration with the Punong Barangay takes less than five minutes, as only the names and addresses of the employer and the Kasambahay are recorded in the barangay registry without a prescribed form. (a) Debt bondage means the provision of services by the domestic worker as security or payment of a debt when the duration and nature of the service are not clearly defined or when the value of the service is not reasonably used for the payment of the debt. The law explicitly states that the cost of the above pre-employment documents will be borne by the potential employer or agency that facilitated the employment of Kasambahay. Inhuman treatment, including physical abuse of Kasambahay by the employer or a member of the household; RA 10361 is of great importance because it emphasizes the need to provide special protection for domestic workers or Kasambahay, the workers` sector, allowing domestic employers who are themselves employed to focus on working elsewhere to earn a living.
The employer must provide for the basic needs of the Kasambahay, which include: Other rights and privileges of Kasambahays include: Even before entering into the employment contract, the employer may require Kasambahay to: Given the large amount of contributions that must be paid to meet registration requirements, most employers in the low-income group prefer to abandon their jobs and move their Kasambahay to Refer to the house. the registration of all Kasambahay in the domestic worker register of the barangay where the employer is located; (d) Keep copies of employment contracts and agreements for recruited domestic workers to be provided during inspections or at the request of the Ministry of Labour or local government; According to the law, persons over the age of 15 can be employed as Kasambahays. Persons under the age of 18 require parental and guardian consent before being employed, and their working hours are different from those of Kasambahays at the legal age. They are also not allowed to do work that negatively impacts their health, safety and morals. The human dignity of Kasambahay is guaranteed and entitled to full respect for its human rights in accordance with the Constitution. Monthly salaries should not be withheld and the employer should not interfere with where Kasambahay spend their salaries. (Patricia R.P. Salvador Daway, whose household employs a Kasambahay, is a professor at the UP College of Law.) As a result, the SSS requires the payment of contributions/bonuses from the beginning of Kasambahay`s employment, and not from the date on which the new law fully came into effect. Paragraph 10. Prohibition of inside information. – All communications and information relating to the employer or household members must be treated as privileged and confidential and must not be publicly disclosed by the domestic worker during and after employment. This privileged information is inadmissible as evidence unless the complaint involves the employer or a member of the household in a crime against persons, property, personal liberty and security, and chastity.
16. What are the strengths and weaknesses of the Kasambahay Act in terms of strengths? Over time, especially when the unified registration system and master list of the Barangay Kasambahay are finalized within six months of the issuance of the IRR, the government should be able to fully fulfill its duty to protect the rights and promote the welfare of this highly disadvantaged sector of domestic workers. For example, in collaboration with the Department of Social Welfare and Development (DSWD), Department of the Interior and Local Government (DOLE), a standard working approach for the rescue and rehabilitation of abused Kasambahay is being developed. Yes. Section 30 of RA 10361 provides that Kasambahay who has completed at least one month`s service is covered by SSS, PhilHealth and Pag-Ibig and is entitled to all benefits provided by law. This means that the employer must register himself and the Kasambahay in these three agencies. Kasambahay has the right to receive a copy of the contract. A copy must also be given to the municipality where the Kasambahay is used so that it can be registered there. Curious about what the contract between Kasambahay and the employer should look like? Click here for an example of a contract designed by the famous mom Isabelle Daza.