Kasambahay Bill

Sunday, January 27, 2013

Last January 18, 2012, marked the signing of RA 10361 or otherwise known as the "Domestic Workers Act" or the "Batas Kasambahay". 

Let me give you a few glimpse of what's the Act all about. For those of us who are employing helpers at home, this is a must read!



ARTICLE II
RIGHTS AND PRIVILEGES
SEC. 5. Standard of Treatment. – The employer or any member of the household shall not subject a domestic worker or “kasambahay” to any kind of abuse nor inflict any form of physical violence or harassment or any act tending to degrade the dignity of a domestic worker.
SEC. 6. Board, Lodging and Medical Attendance. – The employer shall provide for the basic necessities of the domestic worker to include at least three (3) adequate meals a day and humane sleeping arrangements that ensure safety.
SEC. 8. Access to Outside Communication. – The employer shall grant the domestic worker access to outside communication during free time:Provided, That in case of emergency, access to communication shall be granted even during work time. Should the domestic worker make use of the employer’s telephone or other communication facilities, the costs shall be borne by the domestic worker, unless such charges are waived by the employer.
SEC. 9. Right to Education and Training. – The employer shall afford the domestic worker the opportunity to finish basic education and may allow access to alternative learning systems and, as far as practicable, higher education or technical and vocational training. 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.

ARTICLE III
PRE-EMPLOYMENT
SEC. 12. Pre-Employment Requirement. – Prior to the execution of the employment contract, the employer may require the following from the domestic worker:
(a) Medical certificate or a health certificate issued by a local government health officer;
(b) Barangay and police clearance;
(c) National Bureau of Investigation (NBI) clearance; and
(d) Duly authenticated birth certificate or if not available, any other document showing the age of the domestic worker such as voter’s identification card, baptismal record or passport.

ARTICLE IV
EMPLOYMENT – TERMS AND CONDITIONS
SEC 24. Minimum Wage. – The minimum wage of domestic workers shall not be less than the following:
(a) Two thousand five hundred pesos (P2,500.00) a month for those employed in the National Capital Region (NCR);
(b) Two thousand pesos (P2,000.00) a month for those employed in chartered cities and first class municipalities; and
(c) One thousand five hundred pesos (P1,500.00) a month for those employed mother municipalities.

ARTICLE V
POST EMPLOYMENT
SEC. 34. Termination Initiated by the Employer. – An employer may terminate the services of the domestic worker at any time before the expiration of the contract, for any of the following causes:
(a) Misconduct or willful disobedience by the domestic worker of the lawful order of the employer in connection with the former’s work;
(b) Gross or habitual neglect or inefficiency by the domestic worker in the performance of duties;
(c) Fraud or willful breach of the trust reposed by the employer on the domestic worker;
(d) Commission of a crime or offense by the domestic worker against the person of the employer or any immediate member of the employer’s family;
(e) Violation by the domestic worker of the terms and conditions of the employment contract and other standards set forth under this law;
(f) Any disease prejudicial to the health of the domestic worker, the employer, or member/s of the household; and
(g) Other causes analogous to the foregoing.
SEC. 35. Employment Certification. – Upon the severance of the employment relationship, the employer shall issue the domestic worker within five (5) days from request a certificate of employment indicating the nature, duration of the service and work performance.

If you wanna know more about this law, you can read it here. Thank you Jenny Ong of Chronicles of a Nursing Mom for the link.