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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE
- Domestic worker or “Kasambahay” refers to any person engaged in domestic work within an employment relationship.
- The Kasambahay who has rendered at least one (1) month of service is entitled to a thirteenth-month pay which shall not be less than one-twelfth (1/12) of his/her total basic salary earned in a calendar year.
- The thirteenth-month pay shall be paid not later than December 24 of every year.
The State adheres to internationally accepted working conditions for workers in general, and establishes labor standards for domestic workers in particular, towards decent employment and income, enhanced coverage of social protection, respect for human rights and strengthened social dialogue.
Under the law, it defines a domestic worker or “Kasambahay” as a person engaged in domestic work.
The law says:
(d) Domestic worker or “Kasambahay” refers to any person engaged in domestic work within an employment relationship such as, but not limited to, the following: general househelp, nursemaid or “yaya”, cook, gardener, or laundry person, but shall exclude any person who performs domestic work only occasionally or sporadically and not on an occupational basis. (Section 4(d), Republic Act No. 10361 also known as the “Domestic Workers Act” or “Batas Kasambahay”)
An employment contract shall be executed by and between the domestic worker and the employer before the commencement of the service in a language or dialect understood by both the domestic worker and the employer.
What are included under the employment contract?
The law says:
The domestic worker shall be provided a copy of the duly signed employment contract which must include the following:
(a) Duties and responsibilities of the domestic worker;
(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. (Section 11, R.A. No. 10361)
The Domestic Workers Act or Batas Kasambahay shall apply to all parties to an employment contract for the services of the following Kasambahay, whether live-in or live-out arrangement, such as but not limited to:
(a) General househelp;
(b) Yaya;
(c) Cook;
(d) Gardener;
(e) Laundry person; or
(f) Any person who regularly performs domestic work in one household on an occupational basis.
The following are not covered:
(a) Service providers;
(b) Family drivers;
(c) Children under foster family arrangement; and
(d) Any other person who performs work occasionally or sporadically and not on an occupational basis. (Section 2, Implementing Rules and Regulations of Republic Act No. 10361, otherwise known as the “Domestic Workers Act” or “Batas Kasambahay”)
What are the rights and privileges of a Kasambahay?
The law says:
SECTION 1. Rights and Privileges of Kasambahay. – The rights and privileges of the Kasambahay, are as follows:
(a) Minimum wage;
(b) Other mandatory benefits, such as the daily and weekly rest periods, service incentive leave, and 13th month pay;
(c) Freedom from employers’ interference in the disposal of wages;
(d) Coverage under the SSS, PhilHealth and Pag-IBIG laws;
(e) Standard of treatment;
(f) Board, lodging and medical attendance;
(g) Right to privacy;
(h) Access to outside communication;
(i) Access to education and training;
(j) Right to form, join, or assist labor organization;
(k) Right to be provided a copy of the employment contract as required in Section 7, Rule II;
(l) Right to certificate of employment as required in Section 5, Rule VII;
(m)Right to terminate the employment as provided in Section 2, Rule VII; and
(n) Right to exercise their own religious beliefs and cultural practices. (Section 1, Rule IV, IRR R.A. No. 10361) (emphasis supplied)
A Kasambahay is entitled to 13th month pay.
The law says:
SECTION 8. Thirteenth-Month Pay. – The Kasambahay who has rendered at least one (1) month of service is entitled to a thirteenth-month pay which shall not be less than one-twelfth (1/12) of his/her total basic salary earned in a calendar year. (Section 8, Rule IV, IRR R.A. No. 10361)
When should the 13th month pay of a Kasambahay be paid?
The law says:
The thirteenth-month pay shall be paid not later than December 24 of every year. (Section 8, Rule IV, IRR R.A. No. 10361)
Related article: When should 13th-month pay be given?
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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