Kasambahay Law in a Nutshell

After the recent passing of RH Bill, the Filipino people surprisingly suddenly became more participatory in political affairs. With the advent of social media, the discourse on whether a new provision would be favorable or not has been more resounding and manic as compared to the past decades where people seems to be voiceless and passive.

Just a few months after the much heated debates and deliberations on this controversial bill, another bill has been passed in an attempt to protect the rights of our dearest kasambahay or household helper.

As most of us could not fully digest the entirety of each law, I find it important to give you a quick snapshot of how this bill would impact your current relationship with your 'kasambahay'.

I find this very important not only because we have recently lost a 'kasambahay' but also because every Filipino household with a kasambahay on their roof should know the provisions for them to be guided on their specific rights as stated in the constitution.

Circular 2013-008

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: 

• Be 15 years old and above
• Comply with the pre-employment requirements of the employer
• Be paid a minimum wage of not less than the following:
  • For NCR - Php 2,500/month
  • For Chartered Cities and First Class Municipalities - Php 2,000/month
  • For other municipalities - Php 1,500/month

An employer must:

• Prepare the employment contract and provide a copy to the domestic worker.
• Provide for the basic necessities (e.g. safe and humane sleeping arrangements, three adequate meals a day, etc.)
• Register the domestic worker to the barangay´s Registry of Domestic Workers
• Shoulder the SSS, Philhealth and Pagibig contributions of the domestic worker
• Guarantee the privacy, access to outside communication and right to education and training for the domestic worker

A kasambahay is entitled to:

• A daily rest period of eight (8) hours
• A weekly rest period of twenty four (24) consecutive hours
• Service Incentive Leave of five days (5) after one year of service
• All SSS, Philhealth and Pagibig benefits after one (1) month of service
• Employment Certification upon separation from the employer

Resources : RA_10361_Kasambahay_Law.pdf