Republic Act No. 10361, otherwise known as the Domestic Workers Act or "Batas Kasambahay," was enacted to recognize the dignity of domestic workers and ensure their protection under the law. It establishes the minimum standards for wages, benefits, and the overall treatment of caretakers, househelpers, and other domestic workers in the Philippine context.
I. Scope of Coverage
The law applies to all domestic workers (Kasambahay) employed within the Philippines. This includes:
- General househelpers
- Caretakers (Yayas)
- Cooks
- Gardeners
- Laundry persons
- Any person who performs domestic work in a household on an occupational basis.
Exclusions: It does not cover service providers, family drivers, children under foster family arrangements, or any person who performs work occasionally and sporadically and not on an occupational basis.
II. Minimum Wage and Payment Standards
The Batas Kasambahay mandates a minimum wage that is periodically adjusted by the Regional Tripartite Wages and Productivity Boards (RTWPB).
- Regional Variation: Minimum wage rates vary depending on the region (e.g., National Capital Region vs. Region IV-A). Employers are legally obligated to check the latest Wage Order applicable to their specific location.
- Mode of Payment: Wages must be paid in cash at least once a month. Payment by means of promissory notes, vouchers, or coupons is strictly prohibited.
- Pay Slip: The employer is required to provide a written pay slip containing the amount paid and any authorized deductions (e.g., statutory contributions).
- Prohibition on Deposits: Employers cannot require "deposits" for loss or damage to household tools or furniture.
III. Mandatory Statutory Benefits
Beyond the basic salary, a Kasambahay who has rendered at least one month of service is entitled to the following:
- 13th Month Pay: No less than 1/12 of the total basic salary earned within a calendar year.
- SSS (Social Security System): For retirement, disability, and death benefits.
- PhilHealth: For medical insurance coverage.
- Pag-IBIG Fund: For housing loans and savings.
Note on Contributions: If the Kasambahay receives a salary of less than ₱5,000.00 per month, the employer is responsible for paying the entire premium/contribution. If the salary is ₱5,000.00 or more, the worker shall pay their proportionate share as stipulated by law.
IV. Rights and Privileges
The law ensures that caretakers and helpers are treated with humanity and respect.
Standard of Treatment: The Kasambahay must not be subjected to any form of abuse, physical violence, or harassment.
Basic Necessities: The employer must provide at least three adequate meals a day and humane sleeping arrangements.
Rest Periods:
Daily: A total of eight (8) hours of rest per day.
Weekly: At least twenty-four (24) consecutive hours of rest per week.
Service Incentive Leave (SIL): Five (5) days of paid leave annually for those who have rendered at least one year of service.
Right to Privacy: This extends to all forms of communication and personal effects.
Education: Employers must allow the Kasambahay the opportunity to finish basic education and may allow access to higher education or technical-vocational training, provided the work schedule is adjusted accordingly.
V. The Employment Contract
All domestic workers must have a written Employment Contract in a language or dialect understood by both the employer and the Kasambahay. This contract must be registered with the Barangay and must specify:
- Duties and responsibilities.
- Period of employment.
- Compensation and authorized deductions.
- Hours of rest and allowable leaves.
VI. Termination of Service
- Notice Period: If there is no fixed period for employment, either party may terminate the relationship by giving a five (5) day notice.
- Termination by Kasambahay: Valid grounds include verbal or emotional abuse, inhumane treatment, or commission of a crime by the employer.
- Termination by Employer: Valid grounds include misconduct, gross negligence, disobedience of lawful orders, or fraud.
If a Kasambahay is unjustly dismissed, they are entitled to all wages earned plus an indemnity equivalent to fifteen (15) days of work.
VII. Dispute Resolution
Any disputes regarding the Kasambahay Law should first be brought to the Lupong Tagapamayapa of the Barangay. If no settlement is reached, the case may be elevated to the nearest Department of Labor and Employment (DOLE) field office for mandatory conciliation and mediation.