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
