Ron-Sophia Nicole C.

Antonio - 2F November 26, 2020

Domestic Workers
Act or Batas
Kasambahay R.A. No.
10361
Definition of Kasambahay

Domestic Within an Household

employment
Work
relationship

any person engaged in domestic work within an employment relationship,

whether on a live-in or live-out arrangement
 Who are considered as kasambahay under
R.A. 10361?
such as but not limited to the following:

1 General Househelp 2 Yaya

3 Cook 4 Gardener

Any person who regularly

5 Laundry Person or; 6 performs domestic work in
one household on an
occupational basis (live-out
arrangement).
 Who are not covered under R.A. 10361?

The following are not covered by Batas Kasambahay:

1 Service Providers 2 Family drivers

3 Children under foster 4 Any other person

family arrangement who performs
work occasionally
and not on an
occupational and
regular basis.
 What is the employable age for a kasambahay?
What are the conditions for working children?

15 employable age
1 work for more than 8 hours a
day and beyond 40 hours a
week;

work between 10:00pm and

employable age for
15-18 working children
2 6:00am of the following day; and

work which is hazardous or

3 likely to be harmful to the health,
safety or morals of children
Pur
sua
to R nt
.A
923 .
1
 Hiring a kasambahay?

Employer Private Emploment

Agency
refers to any person who any individual, partnership,
engages and controls corporation or entity

the services of a licensed by the DOLE to

engage in the requirement
kasambahay and is a
and placement of
party to the employment
Kasambahay for local
contract
employment
Grounds for a PEA may replace a kasambahay:

Kasambahay is found suffering from an incurable or

contagious disease, or mental illness

Kasambahay abandons the job without justifiable cause,

voluntarily resigns, commits theft or any other analagous acts
prejudicial to the employer or his or her family

Kasambahay is physically or mentally incapable of

discharging the minimum requirements of the job as specified
in the employment contract
Employment
Contract
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 and medical attention;
h. Agreements on deployment expenses, if any;
i. Loan agreement;
j. Termination of employment; and
k. Any other lawful condition agreed upon by both
parties.
Employment
Contract
The employer and the domestic worker must
execute an employment contract prior to the
commencement of the service.

The Contract must be written in a language or

dialect understood by both the domestic worker
and the employer.

The Domestic Worker should be given a copy of

the employment contract
Rights and Privileges

Freedom from employer’s interference in wage disposal;

Coverage under the SSS, PhilHealth and Pag-IBIG laws;.
Standard of treatment;
Board, lodging, and medical attendance;
Right to privacy
Access to outside communication;
Access to education and training;
Rights and Privileges

Right to form, join, or assist labor organization;

Right to be provided a copy of employment
contract
Right to Certificate of Employment;
Right to terminate employment based on just
cause; and
Right to exercise religious beliefs and cultural
practices.
Mandatory Benefits

Monthly minimum wage; Minimum Wage

Daily rest period of 8 (total)
hours;
Weekly rest period of 24 PHP 2,500.00 - employed NCR
(uninterrupted) hours PHP 2,000.00 - employed in cities
5 days annual service incentive and first-class municipalities
PHP 1,500.00 - employed in other
leave with pay;
municipalities
13th month pay;
SSS benefit, PhilHealth benefit,
and Pag-IBIG benefit.
Obligations of Domestic Workers Prohibited Activities of Employers

Render satisfactory service at all times Prohibition on Debt Bondage

Observe the terms and conditions of Prohibition in Interference in the Disposal
of Wages
the employment contract
Prohibition against withholding of wages
Prohibition against Privileged
Additional Prohibition Regarding Wages
Information
Additional Prohibition Regarding Deposits
for Loss or Damage
Provisions protecting employers

Prohibition against privileged information;

requiring of certain pre-employment documents prior
to engagement;
Assurance of quality services through DOLE-TESDA
training, assessment, and certification of kasambahay;
Forfeiture of 15-day unpaid salary should the
kasambahay leave the residence of the employer
without any justifiable reason; and
Right to terminate the employment on justifiable
grounds.
 Post-Employment
Termination of Employment

If there is
JUST the domestic worker or the employer can terminate
CAUSE
employment relations at any time

the domestic worker or the employer can terminate

If there is
NO JUST employment relations :
CAUSE At the end of the stipulated period; or
If there is no stipulated period,
 Post-Employment
Pre-Termination of Employment

If period is Kasambahay and employer may mutually agree

SPECIFIED
to pre-terminate the contract.

If NO period Either party may give notice to end relationship 5 days

is specified before intended date of
termination.
Termination Initiated by the Kasambahay
a. Verbal or emotional abuse of the kasambahay;
b. Inhuman treatment including physical abuse;
c. Commission of a crime or offense against the kasambahay;
d. Violation by the employer of the terms and conditions of the
employment contract
and other standards set forth under the law;
e. Any disease prejudicial to the health of the kasambahay, the
employer, or
member/s of the household; and
f. Other causes analogous to the foregoing
 Termination Initiated by the Employer
a. Misconduct or willful disobedience by the kasambahay of the
lawful order of the employer in connection with the former’s
work;
b. Gross or habitual neglect or inefficiency by the kasambahay
in the performance of duties;
c. Fraud or willful breach of the trust reposed by the employer
on the kasambahay;
d. Commission of a crime or offense by the kasambahay against
the person of the employer or any immediate member of the
employer’s family;
 Termination Initiated by the Employer

e. Violation by the kasambahay of the terms and conditions of

the employment contract and other standards set forth under
the law;
f. Any disease prejudicial to the health of the kasambahay, the
employer, or member/s of the household; and
g. Other causes analogous to the foregoing.
Is Pregnancy or Marriage of the
Kasambahay a valid ground for
termination of employment?
 N L A W F U L A C TS
U
Employment of children below 15 years of age (Sec
16)
Withholding of the kasambahay’s wages (Sec 28)
Interference in the disposal of the kasambahay’s
wages (Sec 27)
Requiring deposits for loss or damage (Sec 14)
Placing the kasambahay under debt bondage (Sec
15) and
Charging another household for temporarily
performed tasks (Sec 23)
 E N A L T I E S
P
administrative fine ranging from
P 10,000 to P40,000 to be imposed
by the DOLE Regional Offices.

Without prejudice to the filing of the

appropriate civil
and/or criminal action by the aggrieved
party.
Ron-Sophia Nicole C. Antonio - 2F November 26, 2020

Thank you!
Have a
great
night
ahead.