DOMESTIC WORKERS ACT

(BATAS KASAMBAHAY)
RA 10361
Jan 18, 2013
 APPLICABILITY OF THE LAW
• Applies only to domestic workers working within
the Philippines
• Domestic worker or “kasambahay”- person
engaged to work for a household within an
employment relationship like general househelp,
nursemaid, cook, gardener or laundry person but
shall exclude any person who performs domestic
work only occasionally or sporadically and not
on occupational basis
• To be considered a domestic worker, one should
be hired specifically to perform household work.
In the absence of specific engagement, one
cannot be considered a domestic worker
• Domestic work refers tow work performed in or
for a household or households
• Household refers to the immediate members of
the family or occupants of the house that are
directly provided services by the domestic
worker
• Persons who perform domestic work
occasionally and not on an occupational
basis are not considered as domestic
workers. Thus, children who are under
foster family arrangement and are
provided access to education and given
free allowance incidental to education, like
baon, transpo, school projects, and
activities are not considered domestic
workers.
• Children or relatives of the domestic
worker who live under the employer’s roof
and share the same accommodations
provided for the domestic worker cannot
be considered domestic workers if they
were not engaged as such and are not
required to perform any substantial
household work.
• While it is true that the nature of work performed
by a worker as a laundrywoman in the staff
house is similar to the work of a domestic
worker, still she could not be classified as
domestic worker because she was not working
for a family but for a corporation. The mere fact
that she worked wihtin the premises of Apex
Mining, as in its staff houses for its guests or
even for its officers and employees is an
indication that she is a regular employee and not
a mere domestic worker (Apex v NLRC, 196
SCRA 251)
• A person is not a domestic worker but a
regular employee of the Temple. His/her
work cannot be categorized as mere
domestic work but were essential and
important to the operation and religious
functions of the temple. (Barcenas v
NLRC, 187 SCRA 498)
• Minimum age for employment of domestic
workers is 15 years old (Sec 16)
• Hiring of domestic workers can be hired
directly or through a private employment
agency
• The cost of the documents required from
the domestic worker shall be borne by the
employer or agency (Sec 12)
 RIGHTS AND PRIVILEGES
• Right to humane treatment; abuse, physical
violence, harassment and any act tending to
degrade the dignity of domestic worker is
prohibited (sec 5)
• Board, lodging and medical attendance – basic
necessities like 3 meals a day, humane sleeping
arrangement, assistance in case of illnesses and
injuries sustained during service without loss of
benefits (cannot be withdrawn as punishment)
(Sec 6)
• Right to privacy – extends to all forms of
communications and personal effects (Sec 7)
• Access to outside communication during free
time except for emergency; costs borne by
domestic worker (Sec 8)
• Right to education and training – finish basic
education, access ALS, as far as practicable
higher education, technical or vocational training
(Sec 9)
• Prohibition against privileged information –
domestic worker cannot publicly disclose
during and after employment information
pertaining to the employer or members of
the household; inadmissible except when
suit involves the employer or any member
of the household in a crime against
persons, property personal liberty and
security, and chastity (Sec 10)
 PROHIBITIONS
• Prohibition against deposits for loss or damage
(Sec 14)
• Prohibition on debt bondage (sec 15)
• Prohibition on interference in the disposal of
wages (sec 27)
• Prohibition against withholding of wages (Sec
28)
• Charging by original employer any amount from
the household where the service of his domestic
worker was temporarily performed (sec 23)
• No share in the recruitment or finder’s fees
shall be charged against the domestic
worker (sec 13)
• Recruitment of domestic worker below 15
years old (Sec 16)
• PRE-EMPLOYMENT – execution of
employment contract before
commencement of service n a language or
dialect understood by both parties to
cover: duties and responsibilities of DW,
period of employment, compensation,
authorized deductions, hours of work and
proportionate additional payment, rest
days and allowable leaves, loan
agreements, etc
 TERMS AND CONDITIONS OF
EMPLOYMENT
• Health and safety
• Free board, lodging and medical attendance
• Daily rest period – 8 hours per day
• Weekly rest period – at least 25 consecutive
hours may be subject to arrangements
• Assignment to non-household work-DW shall be
paid the applicable minimum wage
• Minimum wage entitlement
• Payment of wages in cash directly to the
DW and at least once a month
• Pay slip given to DW
• Entitled to 13th month pay
• Leave benefits – annual service incentive
leave of 5 days with pay for those working
at least one year of service
• SSS, Philhealth and Pag-Ibig Fund –after
one month of service (minimum wage of
less than P5000, borne solely by the
employer otherwise, shared)
 TERMINATION
• NO party may terminate the contract before the
expiration of the term; DW unjustly dismissed
shall be paid the compensation already earned
plus the equivalent 15 days work by way of
indemnity. If DW leaves without justifiable
reason, any unpaid salary due not exceeding the
equivalent of 15 days work shall be forfeited plus
costs of deployment expenses to be paid ( the
latter, if done within 6 months of hiring)
• If there is just cause – termination may
take place any time
• There is no just cause- termination at the
end of the stipulated period and if no
stipulated period, by giving 5 days
advance notice
 JUST CAUSE OF TERMINATION
by DW
• Verbal or emotional abuse by employer or
any household member
• Inhumane treatment including physical
abuse by employer or any household
member
• Commission of a crime or offense against
the domestic worker by the employer or
any household member
• Violation by the employer of the terms and
conditions of the contract and other
standards set forth under the law
• If he is suffering from disease prejudicial
to the health of DW, employer or
household members
• Other causes analogous to the foregoing
JUST CAUSES OF TERMINATION
BY EMPLOYER
• Misconduct or willful disobedience to
lawful order in connection with the work
• Gross or habitual neglect or inefficiency
• Fraud or willful breach of the trust
• Commission of a crime or offense by the
DW against the person of the employer or
any immediate member of the employer’s
family
• Violation by the DW of the terms and
conditions of the contract and other
standards
• If DW is suffering from a disease
prejudicial to his health, health of
employer and other household member
• Other causes analogous to the foregoing
• Employer shall issue certificate of
employment to DW after severance of
work
• Criminal sanction for violations : fine of
P10T-40T; without prejudice to the filing of
civil or criminal actions
• Jan 18- Araw ng Kasambahay