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IMPLEMENTING RULES AND REGULATIONS OF THE BATAS KASAMBAHAY “Domestic Workers Act !DWA"
Republic Act No. 10361 Republic Act 10361 is an Act Instituting Policies for the Protection and Welfare of Domestic Worers! other"ise no"n as #Domestic Worers Act$! or #%atas &asambaha'.$ 1.
When "as it signed into la"(
It "as signed b' President %enigno ). A*uino III on 1+ ,anuar' -013. IRR Publication /a' 1! -013 and effectiit' 12 da's after its publication.
•
ence! 4ffectiit' of IRR
•
#$%e &' ()*&
5Domestic Worers Act is also no"n as 5&asambaha' 7a" or 5%atas &asambaha'.
•
As defined b' RA 10361
•
5Kasambahay is a person engaged in domestic work within an empl employ oyme ment nt rela relati tion onsh ship ip su such ch as a hous househ ehel elp! p! nurs nursem emai aid d or 5'a'a! coo! gardener! or laundr' person. 5Kasambahay e8cludes those performing domestic work on an occasional or sporadic basis. %asic %enefits9Rights that are institutionali:ed in the DWA or &7(
•
1. -. 3. =. 2.
minimum "age rest periods serice in incentie le leae ;) ;)I7< th 13 month pa' social se securit' be benefits. OTHER OTH ER HIGHL H IGHLIGHT IGHTS+ S+
•
I,
RIGHT TO TO ED EDU-ATION AN AND TR TRAINING,
> )@ II, II,
III, III,
?ppo ?pport rtun unit it' ' to finis finish h %asi %asicc 4duc 4ducat atio ion! n! i.e. i.e. 4leme 4lement ntar ar' ' and and
DUTY DUTY OF TESD TESDA+ A+ !TES !TESDA DA is m.%/ m.%/.t .te e/+ /+""
1.
o faci acilitate ABB4)) of a &asamba mbaha' to 4ff 4fficient ent raining on echnical>Cocational 4ducation@ and
-.
o coordinate "ith the National Wages and Productiit Productiit' ' Bommission Bommission ;NWPB< and the RWP%s RWP%s to deelop a sill9competenc'>based pa' s'stem.
ME-HA ME-HANI NISM SM FOR FOR THE THE RESRES-UE UE AND AND REH REHAB ABIL ILITA ITATIO TION N OF OF AN ABUSED KASAMBAHAY
A. Breation Breat ion of Rescue eam composed of ;1< /unicipal or Bit' )ocial Welfare ?fficer! ;-< Boncerned %aranga' ?fficials! and
;3< Proper 7a" 4nforcement Personnel. >
Dut' of Rescue eam 1. o immediatel' respond to an' report of abuse@ and -. o ensure the full protection of the rights of the rescued &asambaha' "hile under its control and custod'.
%. Recoer' and Rehabilitation of an Abused &asambaha' >
7egal 4ntitlement to 1. -. 3. =. 2. 6.
I0,
temporar' shelter counseling free legal serices medical or ps'chological serices lielihood and sills training! and other releant serices as ma' be necessar'.
E1E-UTION OF WRITTEN -ONTRA-T OF EMPLOYMENT
1. 4R & are directed to e8ecute a "ritten emplo'ment contract before the commencement of the serice of a &asambaha'. -. he contract must be in a language or dialect understood b' both the &asambaha' and the emplo'er. ;Eor this purpose A model emplo'ment contract is proided for in the IRR< 3. Eeatures of the model emplo'ment contract > > >
It is "ritten in Eilipino It contains proisions relating to the &$s duties and responsibilities! including proisions on Rest Da's and 7eaes! and Bompensation and %enefits! among others< Proides for signature blocs for "itnesses. Reason Because under the IRR, either party may request the Barangay Chairman or his/her designated officer to read and explain the content of the contracts and to serve as witness thereon 2UESTIONS 3 ANSWERS ON BATAS KASAMBAHAY PART *, BA-KGROUND
1.
What is Republic Act 10361(
Republic Act 10361 is an Act Instituting Policies for the Protection and Welfare of Domestic Worers! other"ise no"n as #Domestic Worers Act$! or #%atas &asambaha'.$ -.
When "as it signed into la"(
It "as signed b' President %enigno ). A*uino III on 1+ ,anuar' -013. 3.
When "ill the la" become effectie(
he la" taes effect fifteen ;12< da's after its complete publication in the ?fficial Fa:ette or in at least t"o ;-< national ne"spapers of general circulation. Eor its effectie implementation! R.A. 10361 proides for the formulation of an Implementing Rules and Regulations "ithin 0 da's after the la" taes effect. he IRR shall tae effect 12 da's after its official issuance. =.
What is the significance of the passage of the la"(
he la" is a landmar piece of labor and social legislation that recogni:es for the first time domestic "orers as similar to those in the formal sector. It strengthens respect! protection! and promotion of the rights and "elfare of domestic "orers or asambaha'. 2.
o" long did it tae the Bongress to pass the la"(
It too si8teen ;16< 'ears for Bongress to pass the &asambaha' 7a" or /agna Barta for Domestic Worers. he last legislation passed in Bongress "as in 13 or nineteen ;1< 'ears ago. his "as Republic Act No. G622! or An Act Increasing the /inimum Wage of ousehelpers. 6.
Hnder the present administration! "hat initiaties hae been taen to fast>trac the passage of the la"(
he President! in his first )?NA in -010! called for a legislation to benefit household "orers. %ills "ere immediatel' filed in both houses of Bongress "hich resulted in the approal of consolidated )enate %ill No. G+ in -011 and ouse %ill No. 61== in -01-. It too onl' t"o ;-< 'ears for both bills to pass Bongress through the leadership of )enator ,inggo' 4ercito 4strada and Representatie 4mil 7. ?ng. he %atas &asambaha' can also be referred to as the 54strada>?ng 7a". G.
What deelopments in the International 7abour ?rgani:ation contributed to the earl' passage of the la"(
In ,une -011! I7? Bonention No. 1+ or the Decent Wor for Domestic Worers Bonention "as adopted during the International 7abour Bonference. his contributed to the earl' passage of the la". he Philippines chaired the t"o>'ear double discussion on the Bonention and Recommendation at the Bonference Bommittee on Domestic Wor. +.
Did the Philippines ratif' the Bonention and if so! "hen(
Jes. President %enigno ). A*uino III ratified the Bonention on 1+ /a' -01- and the )enate concurred in the ratification on 06 August -01-. .
What is the effect of the ratified Bonention to the Philippines(
he ratification of the Bonention created legal obligation for the Philippines to obsere the principles embodied in the Bonention! both in la" and in practice. 10.
When "ill the ratified Bonention tae effect(
he Bonention "ill tae force and effect on 02 )eptember -013! a 'ear after the deposit of the Philippine instrument of ratification "ith the I7? on 02 )eptember -01-.
11.
What is the added significance of the &asambaha' 7a" in relation to our compliance re*uirement "ith I7? Bonention 1+(
he %atas &asambaha' forms part of our progressie compliance "ith I7? Bonention No. 1+. 1-.
o" man' domestic "orers are estimated to benefit from the la"(
4stimates place the number of local asambaha' at 1. million. PART II, THE LAW
1.
Who are the asambaha' coered b' the la"(
All asambaha' engaged in domestic "or "ithin an emplo'ment relationship! such as! but not limited to! the follo"ing a. b. c. d. e. f.
general househelp@ nursemaid or 'a'a@ coo@ gardener@ laundr' person@ "oring children or domestic "orers 12 'ears and aboe but belo" 1+ 'ears of age@ or g. an' person "ho regularl' performs domestic "or in one household on an occupational basis ;lie>out arrangement<. -.
Who are not coered(
he follo"ing are not coered b' the %atas &asambaha' a. b. c. d. 3.
serice proiders@ famil' driers@ children under foster famil' arrangement@ and an' other person "ho performs "or occasionall' or sporadicall' and not on an occupational basis.
Who are children under foster famil' arrangement(
Bhildren under foster famil' arrangement are those "ho are liing "ith a famil' or household and are proided access to education and gien an allo"ance incidental to education! i.e. 5baon! transportation! school proects! and school actiities. =.
What are the e8amples of persons performing "or occasionall' or sporadicall' and not on an occupational basis( a. A anitress doing irregular laundr' "or for a household during rest da'@ b. A construction "orer doing casual gardening ob for a household@ or c. A hospital nurse! or a student! doing bab'>sitting ob.
2.
What is the emplo'able age for a asambaha'(
Eifteen ;12< 'ears old and aboe.
6.
Hnder "hat conditions ma' the emplo'ment of children fifteen ;12< but belo" eighteen ;1+< 'ears of age be made( a. he' shall not be allo"ed to "or for more than eight ;+< hours a da'! and in no case be'ond fort' ;=0< hours a "ee@ b. he' shall not be allo"ed to "or bet"een ten o$cloc in the eening and si8 o$cloc in the morning of the follo"ing da'@ c. he' shall not be allo"ed to do ha:ardous "or@ and d. he' shall be gien access to education and training.
G.
Who is the emplo'er of a asambaha'(
An emplo'er is an' person "ho engages and controls the serices of a asambaha' and is part' to the emplo'ment contract. +.
Hnder the la"! "ho are included in the emplo'er$s household to be proided direct serice b' the asambaha'(
Immediate famil' members or other occupants of the house. .
o" can an emplo'er hire a asambaha'(
An emplo'er can hire directl' or through priate emplo'ment agencies ;P4A< registered "ith D?74 regional offices. 10.
Who pa's the cost of hiring a asambaha'(
he emplo'er! "hether the asambaha' is hired directl' or through priate emplo'ment agencies! shall shoulder the e8penses for hiring. he asambaha' shall not be charged of an' cost of the recruitment! placement! or finder$s fee. 11.
Who shall pa' the deplo'ment transportation! of the asambaha'(
e8penses!
or
cost
of
he emplo'er! "hether the asambaha' is directl' hired or through priate emplo'ment agencies! shall pa' the e8penses that are directl' used for the transfer of the asambaha' from place of origin to the place of "or. 1-.
When can an emplo'er be reimbursed of the deplo'ment e8penses(
When the asambaha' unreasonabl' leaes the emplo'er "ithin si8 ;6< months from the time he9she "as hired. 13.
Are there pre>emplo'ment re*uirements(
Jes. %efore entering into an emplo'ment contract! the emplo'er /AJ re*uire the follo"ing from a asambaha' a. /edical certificate or health certificate issued b' a local goernment health officer@ b. %aranga' and police clearance@ c. N%I clearance@ and d. Dul' authenticated birth certificate or! if not aailable! oter$s identification card! baptismal record! or passport sho"ing the asambaha'$s age.
1=.
Is there an instance "hen the pre>emplo'ment re*uirements are mandator'(
Jes! "hen the emplo'ment of the asambaha' is facilitated through a P4A. 12.
Who pa's for the cost of the pre>emplo'ment documents(
he prospectie emplo'er or recruitment agenc' pa's for the cost. 16.
Is it a re*uirement for a asambaha' to be trained and certified b' 4)DA prior to emplo'ment(
No. o"eer! the asambaha' is encouraged to undergo competenc' assessment and be certified b' 4)DA. raining is not a re*uirement for competenc' assessment. 1G.
Is a contract necessar' before entering into an emplo'ment for domestic "or(
Jes. he emplo'er and the asambaha' shall enter into a contract of emplo'ment "ritten in a language or dialect understood b' them. 1+.
What should be the contents of the emplo'ment contract(
he emplo'ment contract must specif' the follo"ing a. b. c. d. e. f. g. h. i. . . 1.
Duties and responsibilities of the asambaha'@ Period of emplo'ment@ Bompensation@ Authori:ed deductions@ ours of "or and proportionate additional pa'ment@ Rest da's and allo"able leaes@ %oard! lodging and medical attention@ Agreements on deplo'ment e8penses! if an'@ 7oan agreement@ ermination of emplo'ment@ and An' other la"ful condition agreed upon b' both parties.
Is the emplo'er re*uired to register the asambaha'( If 'es! "here(
Jes. he emplo'er is re*uired to register the asambaha' in the Registr' of Domestic Worers in the %aranga' "here the emplo'er resides. Eor this purpose! the DI7F in coordination "ith the D?74! shall formulate a registration s'stem. -0.
What are the mandator' benefits of the asambaha'( a. b. c. d. e. f. g. h.
-1.
/onthl' minimum "age@ 2 da's annual serice incentie leae "ith pa'@ 13th month pa'@ ))) benefit@ Philealth benefit@ Pag>I%IF benefit@ Dail' rest period of + ;total< hours@ and Weel' rest period of -= ;uninterrupted< hours.
What are the other rights and priileges of the asambaha'(
a. b. c. d. e. f. g. h. --.
)tandard of reatment@ %oard! lodging! and medical attendance@ Right to Priac'@ Access to communication facilities Access to education and training@ Right to be proided a cop' of the emplo'ment contract@ Right to Bertificate of 4mplo'ment@ and Ereedom from emplo'er$s interference on "age disposal.
o" much is the monthl' minimum "age of a asambaha'(
Eor those emplo'ed in a. National Bapital Region > P-!200.00@ b. Bities and 1st class municipalities > P-!000.00@ !"ee attached copy of the #st class municipalities$
c. ?ther municipalities > P1!200.00. -3.
When and ho" "ill the monthl' minimum "age of the asambaha' be increased(
?ne 'ear after the effectiit' of the la"! the Regional ripartite Wages and Productiit' %oards shall reie"! and if proper! determine and adust the minimum "age. he %oards shall coordinate "ith 4)DA on the "age reie" and adustment based on the asambaha'$s competenc' leel! in line "ith the thrust to professionali:e the domestic serice sector. -=.
If the asambaha' is alread' receiing oer and aboe the monthl' minimum "age rate! can the emplo'er reduce the "age(
No. %enefits alread' being eno'ed b' the asambaha' cannot be reduced under the principle of non>diminution of benefit. Eor e8ample! if the asambaha' is alread' receiing P=!000 prior to the implementation of the la"! the emplo'er shall continue to pa' the same rate to the asambaha'. Hnder the same e8ample! the emplo'er and the asambaha' cannot alidl' enter into an agreement to use the e8cess amount oer the minimum "age to pa' the ))) premiums! and Philealth and Pag>I%IF contributions. -2.
When "ill a asambaha' be coered b' )))! Philealth! and Pag> I%IF(
After one ;1< month from emplo'ment. -6.
Who "ill pa' the ))) premium! and Philealth and Pag>I%IF contributions of the asambaha'(
he emplo'er! if the "age of the asambaha' is less than P2!000.00. If the "age of the asambaha' is P2!000.00 or more! the asambaha' "ill pa' his9her share in the premiums9contributions. -G.
In "hat form and "hen "ill the "age of a asambaha' be paid(
In cash! at least once a month.
-+.
Ban the emplo'er pa' the asambaha' in an' form other than cash(
No. Pa'ment of "ages b' means of promissor' note! oucher! coupon! toen! ticet! chit! or an'thing other than the cash "age is prohibited. -.
Is the emplo'er obliged to issue pa' slip upon pa'ment of salar' of the asambaha'(
Jes. he emplo'er shall at all times proide the asambaha' "ith a cop' of the pa' slip eer' pa' da' containing the amount paid and all deductions made! if an'. 30.
o" long should the emplo'er eep copies of the pa' slips(
hree ;3< 'ears from issuance. 31.
When can the asambaha' aail of the 2>da' annual )erice Incentie 7eae(
After one ;1< 'ear of serice. 3-.
What "ill happen to the unused annual )erice Incentie 7eae(
he unused annual )erice Incentie 7eae "ill be forfeited and "ill not be conertible to cash. 33.
o" is the 13th month pa' computed and "hen is it paid(
In computing the 13th month pa'! the total basic "age receied in a gien calendar 'ear shall be diided b' 1-. he amount deried shall be paid not later than December -=. 3=.
Who determines the "eel' rest period of the asambaha'(
he emplo'er and the asambaha' ma' agree on the schedule of the "eel' rest period. 32.
?n "hat ground "ill the emplo'er respect the preferred "eel' rest da' of the asambaha'(
he emplo'er shall respect the preferred "eel' rest da' of the asambaha' onl' on religious ground. 36.
Does the la" hae proisions asambaha'(
protecting
emplo'ers
of
Jes. he' include a. Prohibition against priileged information@ b. 4mplo'er ma' re*uire certain pre>emplo'ment documents prior to engagement@ c. 4mplo'ers are assured of *ualit' serices through D?74> 4)DA training! assessment! and certification of asambaha'@ d. Eorfeiture of 12>da' unpaid salar' should domestic "orer leae residence of emplo'er "ithout an' ustifiable reason@ and
e. Right to terminate the emplo'ment on ustifiable grounds. 3G.
Ban the asambaha' terminate the contract at an' time(
Jes! on the follo"ing grounds a. Cerbal or emotional abuse of the asambaha' b' the emplo'er or an' member of the household@ b. Inhuman treatment including ph'sical abuse of the asambaha' b' the emplo'er or an' member of the household@ c. Bommission of a crime or offense against the asambaha' b' the emplo'er or an' member of the household@ d. Ciolation b' the emplo'er of the terms and conditions of the emplo'ment contract and other standards set forth under this la"@ e. An' disease preudicial to the health of the asambaha'! the emplo'er! or member9s of the household@ and f. ?ther causes analogous to the foregoing. 3+.
Ban the emplo'er also terminate the contract at an' time(
Jes! on the follo"ing grounds a. /isconduct or "illful disobedience b' the asambaha' of the la"ful order of the emplo'er in connection "ith the former$s "or@ b. Fross or habitual neglect or inefficienc' asambaha' in the performance of duties@
b'
the
c. Eraud or "illful breach of the trust reposed b' the emplo'er on the asambaha'@ d. Bommission of a crime or offense b' the asambaha' against the person of the emplo'er or an' immediate member of the emplo'er$s famil'@ e. Ciolation b' the domestic "orer of the terms and conditions of the emplo'ment contract and other standards set forth under this la"@ f. An' disease preudicial to the health of the asambaha'! the emplo'er! or member9s of the household@ and g. ?ther causes analogous to the foregoing. 3.
Ban the emplo'er and asambaha' terminate the contract an'time(
Jes! proided that the asambaha' and the emplo'er mutuall' agree upon "ritten notice.
=0.
If the duration of the domestic serice is not determined in the contract! can a asambaha' or the emplo'er terminate the contract an'time(
Jes. 4ither the emplo'er or the asambaha' ma' gie notice to end the "oring relationship fie ;2< da's before the intended date of the termination of serice. =1.
What are the entitlements of a asambaha' unustl' dismissed b' the emplo'er( a. ?utright pa'ment of earned "age@ and b. Indemnit' benefit in the form of "age e*uialent to fifteen ;12< da's "or.
=-.
What are the liabilities of a asambaha' "ho leaes his9her emplo'er "ithout ustifiable reason( a. Eorfeiture of "age e*uialent to fifteen ;12< da's "or@ and b. o reimburse the deplo'ment e8penses! if the emplo'ment contract is terminated "ithin si8 ;6< months from emplo'ment.
=3.
If there is non>pa'ment or underpa'ment of "age and other labor>related concerns! "here can the asambaha' see assistance(
he asambaha' can see assistance from the nearest D?74 field9proincial9regional office. ==.
What is the liabilit' of a priate emplo'ment agenc' to the asambaha' in case of non>pa'ment or underpa'ment of "age and other labor>related disputes(
If the asambaha' "as hired through a Priate 4mplo'ment Agenc'! the P4A is ointl' and solidaril' liable "ith the principal emplo'er for an' unpaid "age! "age>related benefits! and other benefits due the asambaha' =2.
What are the declared responsibilities of the Priate 4mplo'ment Agenc' under the la"( a. 4nsure that the asambaha' is not charged or leied an' recruitment or placement fees@ b. 4nsure that the emplo'ment agreement bet"een the asambaha' and the emplo'er stipulates the prescribed terms and conditions of emplo'ment@ c. Proide pre>emplo'ment orientation briefing to the asambaha' and the emplo'er about their rights and responsibilities under this la"@ d. &eep copies of the emplo'ment contracts@ e. Assist the asambaha' "ith respect to complaints against their emplo'ers@ and f. Booperate "ith goernment agencies in rescue operations inoling abused or e8ploited asambaha'.
=6.
What are the specific acts declared 5unla"ful under the la"( a. b. c. d. e.
=G.
Re*uiring asambaha' to mae deposits for loss or damage@ o place a asambaha' under debt bondage@ 4mplo'ment of children belo" 12 'ears of age as asambaha'@ Interference in the disposal of the asambaha'$s "ages@ and Withholding of the asambaha'$s "ages.
What are the penalties for the commission of unla"ful acts under the la"(
Hnla"ful acts are punishable "ith an administratie fine ranging from P10!000 to P=0!000 to be imposed b' the D?74 Regional ?ffices. =+.
What other remedies for unla"ful acts are aailable under the la"(
he aggrieed part' ma' file the appropriate ciil or criminal action before the regular courts. =. Does the asambaha'(
la"
afford
remed'
for
abused
or
e8ploited
he la" mandates the conduct of immediate rescue of abused or e8ploited asambaha' b' the municipal or cit' social "elfare officer or a social "elfare officer from D)WD! in coordination "ith the concerned baranga' officials. he la" sets out that crimes or offenses committed under the Penal Bode and other criminal la"s shall be filed "ith the regular courts.
