Kasambahay Law: Now Implemented

I have a new all-around maid. It’s so hard to find good help these days. I have been reading a lot of horror stories from my fellow moms/wives in forums and all I can say is that I feel scared. With this, I want everything to be right with this new maid of ours. She is the sister of my yaya. I got my yaya late last year, when I was pregnant. So far, she has been a big help. She’s a very clean, hard-working yaya. I hope that she stays this way (I’ve heard stories of those who reveal their ‘true’ identities after a few months).

Well, with the both of them here, I plan to have them submit all the necessary documents that I require of them, like their medical checkup (which I will shoulder every year), their NBI clearance, etc. I plan to follow the things already stated in the Kasambahay Law that was implemented last June 4, 2013.

For those of you who want to familiarize themselves with the salient points of the law, here is a good infographic to explain everything. This is from ABS-CBNnews.com (http://www.abs-cbnnews.com/nation/06/04/13/infographic-kasambahay-law)

Kasambahay Infographic

Kasambahay Infographic

My friend, Arpee, also translated the important parts of the law in Filipino. Check out his blog post: http://arpeelazaro.com/2013/06/batas-kasambahay-what-is-republic-act-10361-in-filipino/

If you want a copy of the contract made by DOLE, here is the link to the contract: http://www.ncr.dole.gov.ph/fndr/mis/files/sample%20contract.pdf

Hope all of these information on the Kasambahay law helps you! 🙂

Love lots,

Mommy Ginger

Mommy Ginger

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Kasambahay Law: The Bill was already signed into Law

I recently wrote about the Kasambahay Bill. It was already passed and signed into law last Jan. 18, 2013, so the Kasambahay Law is or Republic Act 10361 will already be implemented 15 days after publication in the Official Gazette.

So from the last post that I had, there were some revisions that was made. Again, here are the pertinent things that I got from reading the provisions of the law:

1. Kasambahay means anyone who renders domestic / household services. So yes, even drivers and houseboys (and even valets for those Downton abbey households) are included. Those that do this sporadically though are not included.

2. They are entitled to humane sleeping arrangements and the employer should provide at least three meals a day.

3. Access to Outside communication. The Kasambahay is entitled to use any form of outside communication granted that this is during their free time. Any costs that are incurred by the Employer shall be paid by the Kasambahay, unless the employer waives the charges.

4. Each Kasambahay will have to sign a contract of domestic service, which shall include the following:
a. Duties and Responsibilities
b. Period of employment (which shall not exceed 2 years);
c. Compensations; (note: don’t forget to indicate salary increases, too!)
d. Deductions
e. Hours of work and proportionate additional payment
f. Rest days and allowable leaves
g. Board, lodging and medical attention
h. Aggreements on deployment expenses (if any);
i. Loan agreement
j. Termination of employment and
k. Any other lawful conditio agreed by each party.

*DOLE shall create a template that we can all use!

5. All kasambahay applicants should have this prior to employment:
a. Medical certificate issued by local government health officer;
b. Barangay Clearance and police clearance;
c. NBI clearance; and
d. Duly authenticated Birth certificate from the National Statistics Office or voter’s ID, or passport.

6. The minimum wage for the Kasambahay are the following:
Php 2500 / month for those working in NCR
Php 2000 / month for those employed in other chartered cities and first class municipalities
Php 1500 / month for those working in other municipalities

7. Pay also should be given at least once a month and should not be made in tokens, chits, promissory notes, etc. It should be paid in cash.

8. Pay slips should be given to the employee. Employers should keep a copy for three years.

9. If a Kasambahay leaves without any reason, the employer has the right to forfeit pay of not exceeding 15 days.

10. For Kasambahays who have rendered 1 year of service, a 5 day vacation leave with pay shall be given (cannot be carried over to the next year nor can it be convertible to cash).

11. A Kasambahay who has rendered 1 month of service should apply and is entitled to privileges under the Social Security System (SSS), Philippine Health Insurance Corporation (Philhealth) and Pag-ibig Membership. The employers shall pay for the whole amount of contributions without deducting it from the employee’s pay if compensation of the Kasambahay is less then Php 5,000. If compensation is Php 5000 or higher, the kasambahay should pay his / her share and the employer will pay his / her share.

12. Any violation of this law shall be punishable with a fine of Php 10,000 to Php 40,000.

These are the things that I took note of. If you want to read the entire thing, you can download a copy here.
20130118-RA-10361-BSA

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