Kasambahays – R.A. No. 10361 | Working Conditions for special groups of employees - Labor Code, IRR,… | LABOR STANDARDS

All-Encompassing Guide to Kasambahays Under Philippine Law: R.A. No. 10361 (“Batas Kasambahay”) and Related Regulations

I. Introduction and Coverage
Republic Act No. 10361, known as the “Domestic Workers Act” or “Batas Kasambahay,” is a landmark statute enacted to protect the rights and promote the welfare of domestic workers in the Philippines. It defines “Kasambahay” as any person employed in a household to perform general household work and/or to provide domestic services, whether live-in or live-out, and regardless of the number of hours worked. It covers household service workers such as yaya, household help, cook, gardener, laundry person, and those who perform caretaking tasks for the household members. It also covers stay-out domestic workers, provided they fall under the statutory definition and context.

Excluded from the definition of Kasambahay:

• Service providers working occasionally or sporadically (e.g., persons providing service once a week like a freelance laundry service).
• Family drivers covered by another classification of employment.
• Children under foster family arrangements.
• Anyone performing domestic work only on an occasional basis and not on a contractual household employment basis.

Governing Laws and Related Issuances:

• R.A. No. 10361 and its Implementing Rules and Regulations (IRR) under Department Order No. 103-13, Series of 2013 of the Department of Labor and Employment (DOLE).
• The Labor Code of the Philippines (Title III, Chapter III on Employment of Househelpers) prior to the enactment of R.A. No. 10361 is now largely supplanted or augmented by the Batas Kasambahay.
• Other social legislation and benefits mandated for Kasambahays:
  • Social Security Act (R.A. No. 11199, as amended, formerly R.A. No. 8282) for SSS coverage.
  • National Health Insurance Act (R.A. No. 7875, as amended) for PhilHealth coverage.
  • Home Development Mutual Fund Law (R.A. No. 9679) for Pag-IBIG coverage.
  • R.A. No. 11210 (Expanded Maternity Leave Law) where applicable.
  • R.A. No. 8187 (Paternity Leave Act), R.A. No. 10028 (Breastfeeding in the Workplace), R.A. No. 7192 (Women in Development and Nation-Building Act), R.A. No. 9710 (Magna Carta of Women), and R.A. No. 7877 (Anti-Sexual Harassment Act), to the extent that these laws provide minimum standards or protections applicable to kasambahays as women workers, pregnant employees, or victims of harassment or discrimination.
  • R.A. No. 10151 (Employment of Night Workers) may have limited applicability if the nature of work involves night shifts, subject to protective rules.

II. Requirements of Employment and Contractual Terms

1. Written Employment Contract:
   Under R.A. No. 10361, the employer is required to execute a standard, written employment contract with the kasambahay, in a language understood by both parties. Essential terms include:

   • Duties and responsibilities.
   • Period of employment.
   • Compensation or wage rate and mode of payment.
   • Working hours, rest periods, and days off.
   • Provision of board, lodging, and medical assistance.
   • The grant of leave benefits, where applicable.
   • The employer’s obligation to register the kasambahay in social security institutions (SSS, PhilHealth, Pag-IBIG).

   This contract must be submitted to the nearest Barangay Office for registration.

2. Minimum Age of Employment:
   R.A. No. 10361 prohibits the employment of a domestic worker below fifteen (15) years of age. Additional protection is accorded to those aged fifteen (15) but below eighteen (18), including mandatory access to education, rest, and humane working conditions, in line with anti-child labor laws and R.A. No. 9231.

3. Pre-Employment Requirements:
   Employers are prohibited from requiring the kasambahay to pay for pre-employment expenses such as medical or health certificates. The cost of these shall be borne by the employer.

III. Wages and Compensation

1. Minimum Wage Requirements:
   The law sets regionalized minimum wage rates for kasambahays, determined by the Regional Tripartite Wages and Productivity Boards. These minimum wages vary depending on the region and must be complied with by the employer. No deductions for meals and lodging are permitted.

2. Mode and Frequency of Payment:
   The kasambahay must be paid in cash, at least once a month. Payment in kind (e.g., groceries, clothing) as a substitute for cash wage is strictly prohibited.

3. No Deposits and Salary Deductions:
   The employer cannot require a cash deposit from the kasambahay nor deduct any amount from the wages for loss or breakage of household appliances and items. Only legally permitted deductions, such as those mandated by law (SSS, PhilHealth, Pag-IBIG contributions), are allowed.

IV. Working Conditions and Benefits

1. Hours of Work, Rest Periods, and Rest Days:

   • The kasambahay is entitled to at least eight (8) hours of rest in any given 24-hour period.
   • The kasambahay is entitled to at least twenty-four (24) consecutive hours of rest after every six (6) days of work. The rest day shall be determined by the mutual agreement of the employer and the kasambahay, taking into account religious and cultural preferences. Once fixed, it cannot be altered unless both parties consent.

2. Leave Benefits and Other Entitlements:

   • Service Incentive Leave: A kasambahay who has rendered at least one (1) year of service is entitled to an annual service incentive leave of at least five (5) days with pay.
   • Maternity Leave: Pursuant to R.A. No. 11210, kasambahays who are pregnant are entitled to the expanded maternity leave benefits administered by SSS. The employer is expected to facilitate access to these benefits but is not primarily obligated to pay these unless required by law.
   • Paternity Leave: If applicable and the kasambahay qualifies as a covered male employee, the provisions of R.A. No. 8187 on paternity leave might apply.
   • Safe and Adequate Sleeping and Living Conditions: The employer must provide suitable and humane sleeping arrangements, ensuring privacy and safety.

3. Social and Other Benefits:
   Employers are required to cover the kasambahay under:

   • Social Security System (SSS): Mandatory for kasambahays earning at least P1,000 per month. Contributions are shared between employer and kasambahay depending on wage brackets. Those earning below P5,000 per month have full employer coverage.
   • PhilHealth: Mandatory health insurance coverage for kasambahays. Premiums are the employer’s responsibility if wage threshold is not exceeded.
   • Pag-IBIG Fund (HDMF): Mandatory coverage for kasambahays. Employer shares the premium contributions as prescribed by law.

   These ensure that kasambahays receive social security, health, and housing benefits, promoting long-term welfare and financial security.

V. Protection from Abuse, Discrimination, and Harassment

1. Prohibition of Abuse:
   Physical, sexual, psychological, or any other form of abuse or harassment of the kasambahay is prohibited. R.A. No. 7877 (Anti-Sexual Harassment Act) applies if the employer or members of the household subject the kasambahay to unwelcome sexual advances or hostile environment. Other criminal laws also offer protection from physical violence and maltreatment.

2. Non-Discrimination:
   The Magna Carta of Women (R.A. No. 9710) and R.A. No. 7192 mandate gender equality and protect women domestic workers from discrimination in terms of employment conditions, pay, and access to social benefits.

3. Access to Education and Training:
   If the kasambahay is of school age or desires skill enhancement, the employer is encouraged (and in the case of minors, required) to allow access to basic education and training programs without reduction in wages.

VI. Termination of Employment and Rescission of Contract

1. Rescission by the Kasambahay Without Notice:
   The kasambahay can terminate employment without notice due to any of the following:

   • Maltreatment by the employer or any member of the household.
   • Commission of a crime or offense against the kasambahay.
   • Violation by the employer of the terms and conditions of the employment contract and/or standards set by R.A. No. 10361.
   • Any disease prejudicial to the health of the kasambahay or the employer’s household.

2. Termination by the Employer Without Liabilities:
   The employer may terminate the employment without payment of indemnity if the kasambahay:

   • Commits misconduct or willful disobedience.
   • Gross and habitual neglect of duties.
   • Fraud or willful breach of trust.
   • Commission of a crime or offense against the employer or any immediate member of the employer’s family.
   • Violation of the employment contract terms.

3. Resignation or Termination With Notice:
   In case of resignation or dismissal not falling under just causes, notice periods and settlement of earned wages and benefits apply. The parties are encouraged to handle termination amicably and comply with due notice requirements.

4. Separation Pay:
   Not mandated by R.A. No. 10361 unless stipulated in the contract or required by general labor standards. If dismissal is without just cause, the kasambahay may seek remedies or damages under relevant laws.

VII. Dispute Resolution and Enforcement Mechanisms

1. Barangay and DOLE Jurisdiction:
   Disputes between the employer and the kasambahay are initially lodged before the Barangay for possible settlement. If unresolved, the matter may be elevated to the appropriate DOLE office or the National Labor Relations Commission (NLRC) for adjudication of claims.

2. Access to Legal Remedies:
   The kasambahay has the right to file complaints for underpayment of wages, non-payment of benefits, or any form of abuse before the DOLE, NLRC, or regular courts, as applicable. Government agencies are mandated to provide conciliation and mediation mechanisms.

3. Penalties for Violations:
   Violations of R.A. No. 10361, such as non-compliance with minimum wage, non-coverage of social benefits, or abuses against the kasambahay, may subject the employer to penalties ranging from fines, mandatory restitution of unpaid benefits, and other sanctions under applicable laws.

VIII. Interface With Other Social Legislation for Special Groups

• R.A. No. 10028 (Breastfeeding in the Workplace): Employers who have lactating kasambahays are encouraged to provide adequate breaks and a suitable area for breastfeeding or milk expression, aligning with supportive policies for working mothers.
• R.A. No. 11210 (Expanded Maternity Leave Law): Kasambahays who are members of SSS enjoy maternity benefits. The employer must not prevent them from availing such benefits and should coordinate with SSS for proper documentation.
• R.A. No. 10151 (Employment of Night Workers): While night work standards primarily apply to industries covered by the Labor Code, if a kasambahay’s duties require regular night work, the employer must ensure compliance with safety, health, and rest provisions and consider additional safeguards, especially for women workers.

IX. Gender and Development Considerations
Laws such as R.A. No. 9710 (Magna Carta of Women) and R.A. No. 7192 (Women in Development and Nation-Building Act) reinforce the State’s commitment to protecting women workers, including kasambahays. Employers must ensure equal treatment, non-discrimination, and provide safe working conditions, free from sexual harassment and gender-based violence. Pregnant kasambahays should be accorded their maternity rights and not be subject to unjust termination due to pregnancy.

X. Child Domestic Workers
For kasambahays aged 15 to below 18 years old, the employer must:

• Provide the opportunity to finish basic education and ensure that tasks do not hinder their schooling.
• Refrain from assigning work that is hazardous or too strenuous for their age.
• Comply with rules on hours of work and rest periods, ensuring that child domestic workers are protected under R.A. No. 9231 and other child labor laws.

XI. Conclusion
R.A. No. 10361 significantly uplifted the status of domestic workers (kasambahays) in the Philippines, granting them a formalized framework of rights and protections on par with other employees. By prescribing minimum wages, social benefits, standardized contracts, rest days, leave benefits, and legal remedies, the law aims to ensure that kasambahays are treated with dignity, fairness, and respect.

Employers must remain vigilant in complying with the statute and related social legislation. Government agencies, particularly DOLE, Barangay Units, NLRC, and SSS/PhilHealth/Pag-IBIG, collaborate to enforce these regulations, ensure compliance, and facilitate dispute resolution. With proper implementation, R.A. No. 10361 fosters a more just and equitable household employment relationship, aligning domestic work with decent work standards recognized in national and international labor frameworks.