Domestic Workers Act – RA 10361

Posted: July 3, 2013 in Labor Laws
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DOMESTIC WORKERS ACT

OR

BATAS KASAMBAHAY

(Art. 1 Sec. 1)

REPUBLIC ACT NO. 10361

Policies (Art. 1 Sec. 2)

  The State:

  • strongly affirms labor as a primary social force and is committed to respect, promote, protect and realize the fundamental principles and rights at work including, but not limited to, abolition of child labor, elimination of all forms of forced labor, discrimination in employment and occupation, and trafficking in persons, especially women and children;
  • adheres to internationally accepted working conditions for workers in general, and establishes labor standards for domestic workers in particular, towards decent employment and income, enhanced coverage of social protection, respect for human rights and strengthened social dialogue;
  •  recognizes the need to protect the rights of domestic workers against abuse, harassment, violence, economic exploitation and performance of work that is hazardous to their physical and mental health; and
  • in protecting domestic workers and recognizing their special needs to ensure safe and healthful working conditions, promotes gender-sensitive measures in the formulation and implementation of policies and programs affecting the local domestic work.

Coverage of the Act (Art. 1 Sec. 3)

               ALL domestic workers employed and working WITHIN the country

                Domestic Worker or “Kasambahay  – any person engaged in domestic work within an     employment relationship such as, but not limited to, the following: general househelp,   nursemaid or “yaya”, cook, gardener, or laundry person, BUT SHALL EXCLUDE any person who     performs domestic work only occasionally or sporadically and not on an occupational basis. (Art. 1 Sec. 4)

 

The term domestic worker above, therefore excludes:

  • A person who is engage in an arrangement called debt bondage. Debt bondage (Art. 1 Sec. 4) refers to the rendering of service by the domestic worker as security or payment for a debt where the length and nature of service is not clearly defined or when the value of the service is not reasonably applied in the payment of the debt.
  • children who are under foster family arrangement, and are provided access to education and given an allowance incidental to education, i.e. “baon”, transportation, school projects and school activities. (Art. 1 Sec. 4)
  • working children who are below fifteen (15) years old (Art. 3 Sec. 16)

 

Rights and Privileges

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Pre-employment

An employment contract shall be executed by and between the domestic worker and the employer before the commencement of the service in a language or dialect understood by  both the domestic worker and the employer. (Art. 3 Sec. 11)

Duly signed employment contract includes

  • Duties and responsibilities of the domestic worker
  • Period of employment
  • Compensation
  • Authorized deductions
  • Hours of work and proportionate additional payment
  • Rest days and allowable leaves
  • Board, lodging and medical attention
  • Agreements on deployment expenses, if any
  • Loan agreement
  • Termination of employment; and
  • Any other lawful condition agreed upon by both parties

Department of Labor and Employment (DOLE) shall: (Art. 3 Sec. 11)

  • develop a model employment contract for domestic workers which shall, at all times, be made available free of charge
  • widely disseminate information to domestic workers and employers on the use of such model employment contract.

(the PEA shall keep a copy of all employment contracts of domestic workers and shall be made available for verification  and inspection by the DOLE.)

Requirements

          The cost of the foregoing shall be borne by the prospective employer or agency,  as the   case may be.      

        Employer MAY require the ff.

  • Medical certificate or a health certificate issued by a local government health officer;
  • Barangay and police clearance;
  • National Bureau of Investigation (NBI) clearance; and
  • Duly authenticated birth certificate or if not available, any other document showing the age of the domestic worker such as voter’s identification card, baptismal record or passport.

(shall be standard requirements when the employment of the domestic worker is facilitated through the PEA)

Cost, Fees, Charges and Damages

  • Regardless of whether the domestic worker was hired through a private employment agency or a third party, no share in the recruitment or finder’s fees shall be charged against the domestic worker by the said private employment agency or third party.
  • It shall be unlawful for the employer or any other person to require a domestic worker to make deposits from which deductions shall be made for the reimbursement of loss or damage to tools, materials, furniture and equipment in the household.

Employer’s Reportorial Duties

                        The employers shall register all domestic workers under their employment in the Registry of Domestic Workers in the barangay where the employer’s residence is located. The Department of the Interior and Local Government (DILG) shall, in coordination with the DOLE, formulate a registration system for this purpose. (Art. 3 Sec. 17)

Employment – Terms and Conditions

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DOWNLOADRA10361

SOURCE: http://www.dole.gov.ph

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