A general information on R.A. 10361 known as Domestic Workers Act.
In line with our advocacy of promoting sound people management in all work settings, below is a primer on Republic Act 10361, otherwise known as the Domestic Workers Act or Batas Kasambahay. Said law was signed on 18 January 2013, and a copy of which is attached below.
Who is a Domestic Worker?
A Domestic Worker or Kasambahay refers to any person engaged in domestic work within an employment relationship, e.g. yaya, househelp, cook, laundry person, house boy, etc.
A kasambahay must:
1. Be 15 years old and above
Comply with the pre-employment requirements of the employer
2. Be paid a minimum wage of not less than the following:
2.1 For NCR – Php 2,500/month
2.2 For Chartered Cities and First Class Municipalities – Php 2,000/month
2.3 For other municipalities – Php 1,500/month
An employer must:
1. Prepare the employment contract and provide a copy to the domestic worker.
2. Provide for the basic necessities (e.g. safe and humane sleeping arrangements, three adequate meals a day, etc.)
3. Register the domestic worker to the barangay´s Registry of Domestic Workers
4. Shoulder the SSS, Philhealth and Pagibig contributions of the domestic worker
5. Guarantee the privacy, access to outside communication and right to education and training for the domestic worker
A kasambahay is entitled to:
1. A daily rest period of eight (8) hours
2. A weekly rest period of twenty four (24) consecutive hours
3. Service Incentive Leave of five days (5) after one year of service
4. All SSS, Philhealth and Pagibig benefits after one (1) month of service
5. Employment Certification upon separation from the employer
For info dissemination.