List of First Class Municipalities in The Philippines: Revised Version
List of First Class Municipalities in The Philippines: Revised Version
List of First Class Municipalities in The Philippines: Revised Version
PART 1. BACKGROUND i. Assume joint and solidary liability with the employer for payment of
wages, wage-related and other benefits, including monthly contribution for
1. What is Republic Act No. 10361? SSS, PhilHealth, and Pag-IBIG membership.
Republic Act No. 10361 is an Act Instituting Policies for the Protection and Welfare of 62. What are the specific acts declared “unlawful” under the law?
Domestic Workers, otherwise known as ‘Domestic Workers Act’ or ‘Batas Kasambahay.’
a. Employment of children below 15 years of age;
2. When was it signed into law? b. Withholding of the kasambahay’s wages;
c.Interference in the disposal of the kasambahay’s wages;
It was signed by President Benigno S. Aquino III on 18 January 2013. d. Requiring kasambahay to make deposits for loss or damage;
e. Placing the kasambahay under debt bondage; and
3. When did the law become enforceable? f. Charging another household for temporarily performed tasks.
The law became enforceable on 04 June 2013 or fifteen (15) days after the 63. What are the penalties for the commission of unlawful acts under the law?
publication of its Implementing Rules and Regulations (IRR) on 19 May 2013 in
The Philippine Star and the Manila Times. Unlawful acts are punishable with an administrative fine ranging from P 10,000 to
P40,000 to be imposed by the DOLE Regional Offices.
4. What is the significance of the passage of the law?
64. What other remedies for unlawful acts are available under the law?
The law is a landmark piece of labor and social legislation that recognizes for the
first time domestic workers as similar to those in the formal sector. It strengthens The aggrieved party may file the appropriate civil or criminal action before the
respect, protection, and promotion of the rights and welfare of domestic workers or regular courts.
kasambahay.
65. Does the law afford remedy for abused or exploited kasambahay?
5. How long did it take the Congress to pass the law?
The law mandates the conduct of immediate rescue of abused or exploited
It took sixteen (16) years for Congress to pass the Kasambahay Law or Magna kasambahay by the municipal or city social welfare officer or a social welfare
Carta for Domestic Workers. officer from DSWD, in coordination with the concerned barangay officials.
The last legislation passed in Congress was in 1993 or nineteen (19) years ago. This The law sets out that crimes or offenses committed under the Penal Code and
was Republic Act No. 7655, or An Act Increasing the Minimum Wage of Househelpers. other criminal laws shall be filed with the regular courts.
6. Under the present administration, what initiatives have been taken to fast-
track the passage of the law?
The President, in his first SONA in 2010, called for a legislation to benefit
household workers. Bills were immediately filed in both houses of Congress which
resulted in the approval of consolidated Senate Bill No. 78 in 2011 and House Bill
No. 6144 in 2012. It took only two (2) years for both bills to pass Congress through
the leadership of Senator Jinggoy Ejercito Estrada and Representative Emil L.
Ong. The Batas Kasambahay can also be referred to as the “Estrada-Ong Law.”
Q&A on Batas Kasambahay Q&A on Batas Kasambahay
Although, the PEA is allowed to collect Service Fee from the employer, in no case 7. What developments in the International Labour Organization contributed to
shall it charge Recruitment or Finder’s Fee from the kasambahay. the early passage of the law?
59. Can the employer demand from a PEA the replacement of a kasambahay? In June 2011, ILO Convention No. 189 or the Decent Work for Domestic Workers
Convention was adopted during the International Labour Conference. This
Yes. Within one month from the day the kasambahay reported for work, the contributed to the early passage of the law.
employer may demand a replacement based on the following cases:
The Philippines chaired the two-year double discussion on the Convention and
a. The kasambahay is found to be suffering from an incurable or Recommendation at the Conference Committee on Domestic Work.
contagious disease, or mental illness as certified by a competent or
government physician; 8. Did the Philippines ratify the Convention and if so, when?
b. The kasambahay abandons the job without justifiable cause, voluntarily
resigns, commits theft or any other analogous acts prejudicial to the Yes. President Benigno S. Aquino III ratified the Convention on 18 May 2012 and
employer or his/her family; or the Senate concurred in the ratification on 06 August 2012.
c. The kasambahay is physically or mentally incapable of discharging the
minimum requirements of the job, as specified in the employment contract. 9. What is the effect of the ratified Convention to the Philippines?
60. What will happen in case the PEA fails to provide a qualified replacement The ratification of the Convention created legal obligation for the Philippines to
after one month from receipt of the employer’s request? observe the principles embodied in the Convention, both in law and in practice.
The employer shall be entitled to a refund of seventy-five percent (75%) of the fees 10. When is the effectivity of the ratified Convention?
paid to the PEA.
The Convention takes into force and effect on 05 September 2013, a year after the
61. What are the declared responsibilities of the Private Employment Agency deposit of the Philippine instrument of ratification with the ILO on 05 September 2012.
under the law?
11. What is the added significance of the Kasambahay Law in relation to our
a. Ensure that the kasambahay is qualified as required by the employer; compliance requirement with ILO Convention 189?
b. Secure the best terms and conditions of employment for the kasambahay;
c. Ensure that the employment agreement between the kasambahay and The Batas Kasambahay forms part of our progressive compliance with ILO
the employer stipulates the terms and conditions of employment and all Convention 189.
the benefits in accordance with the IRR;
d. Provide a pre-employment orientation briefing to the kasambahay and the 12. How many domestic workers are estimated to benefit from the law?
employer about their rights and responsibilities in accordance with this IRR;
e. Ensure that the kasambahay is not changed or required to pay Estimates place the number of local kasambahay at 1.9 million.
any recruitment or placement fees;
f.Keep copies of employment contracts and agreements pertaining to PART II. THE LAW
recruited kasambahay which shall be made available during inspections or
whenever required by the DOLE or local government officials; 1. Who are the kasambahay covered by the law?
g. Assist the kasambahay in filing his/her complaints or grievances against
the employers; All kasambahay engaged in domestic work, whether on a live-in or live-out
h. Cooperate with government agencies in rescue operations involving
arrangement, such as, but not limited to, the following:
abused or exploited kasambahay; and
Q&A on Batas Kasambahay Q&A on Batas Kasambahay
a. general househelp; 52. Can the employer and the kasambahay terminate the contract anytime?
b. yaya;
c. cook;
Yes, provided that the kasambahay and the employer mutually agree upon written
d. gardener; notice.
e. laundry person;
f. working children or domestic workers 15 years and above but below 18 53. If the duration of the domestic service is not determined in the contract,
years of age; or can a kasambahay or the employer terminate the contract anytime?
g. any person who regularly performs domestic work in one household on
an occupational basis (live-out arrangement). Yes. Either the employer or the kasambahay may give notice to end the working
relationship five (5) days before the intended date of the termination of service.
2. Who are not covered?
54. What are the entitlements of a kasambahay unjustly dismissed by the
The following are not covered by the Batas Kasambahay: employer?
3. Who are children under foster family arrangement? a. Forfeiture of wage equivalent to fifteen (15) days work; and
b. Reimbursement of the deployment expenses, if the employment
Children under foster family arrangement are those who are living with a family or contract is terminated within six (6) months from employment.
household of relative/s and are provided access to education and given an
allowance incidental to education, i.e., “baon,” transportation, school projects, and 56. Can the employer inspect the belongings of the kasambahay before
school activities; provided, that the foster family and foster care arrangements are he/she leaves the household in case of termination of employment?
in compliance with the procedures and requirements as prescribed by Republic Act
No. 10165 or Foster Care Act of 2012. No. However, the employer and the kasambahay can agree in their employment
contract that an inspection can be made before he/she leaves the household.
4. What are the examples of persons performing work occasionally or
sporadically and not on an occupational basis? 57. If there is non-payment or underpayment of wage and other labor-related
concerns, where can the kasambahay seek assistance?
a. A janitress doing irregular laundry work for a household during rest day;
b. A construction worker doing casual gardening job for a household; or The kasambahay can go to a Kasambahay Desk Officer situated in their respective
c.A hospital nurse or a student doing baby-sitting job. barangays or the nearest DOLE field/provincial/regional office.
5. What is the employable age for a kasambahay? 58. If a kasambahay is hired thru a Private Employment Agency (PEA), can it
charge Service Fee from the employer as well as Recruitment or Finder’s Fee
Fifteen (15) years old and above. from the kasambahay?
Q&A on Batas Kasambahay Q&A on Batas Kasambahay
6. Under what conditions may the employment of children fifteen (15) but
engagement; below eighteen (18) years of age be made?
c. Employers are assured of quality services through DOLE-TESDA
training, assessment, and certification of kasambahay; a.They shall not be allowed to work for more than eight (8) hours a day,
d. Forfeiture of 15-day unpaid salary should the kasambahay leave the and in no case beyond forty (40) hours a week;
residence of the employer without any justifiable reason; and b.They shall not be allowed to work between ten o’clock in the evening
e. Right to terminate the employment on justifiable grounds. and six o’clock in the morning of the following day;
c.They shall not be allowed to do hazardous work; and
50. Can the kasambahay terminate the contract at any time? d.They shall not be denied access to education and training.
a. Verbal or emotional abuse of the kasambahay by the employer or any An employer is any person who engages and controls the services of a
member of the household; kasambahay and is party to the employment contract.
b. Inhuman treatment including physical abuse of the kasambahay by the
employer or any member of the household; 8. Under the law, who are included in the employer’s household to be
c. Commission of a crime or offense against the kasambahay by the provided direct service by the kasambahay?
employer or any member of the household;
d. Violation by the employer of the terms and conditions of the Immediate family members or other occupants of the house who are directly and
employment contract and other standards set forth under the law; regularly provided services by the kasambahay.
e. Any disease prejudicial to the health of the kasambahay, the employer,
or member/s of the household; and 9. How can an employer hire a kasambahay?
f. Other causes analogous to the foregoing.
An employer can hire directly or through private employment agencies (PEA)
51. Can the employer also terminate the contract at any time? registered with the DOLE regional offices.
Yes, on the following grounds: 10. Who pays the cost of hiring a kasambahay?
a. Misconduct or willful disobedience by the kasambahay of the lawful The employer, whether the kasambahay is hired directly or through PEA, shall
order of the employer in connection with the former’s work; shoulder the expenses for hiring.
b. Gross or habitual neglect or inefficiency by the kasambahay in the
performance of duties; The kasambahay shall not be charged of any cost of the recruitment, placement, or
c. Fraud or willful breach of the trust reposed by the employer on the finder’s fee.
kasambahay;
d. Commission of a crime or offense by the kasambahay against the person of 11. Who shall pay the deployment expenses or cost of transportation of the
the employer or any immediate member of the employer’s family; kasambahay?
e. Violation by the kasambahay of the terms and conditions of the
employment contract and other standards set forth under the law; The employer, whether the kasambahay is directly hired or through PEA, shall pay
f. Any disease prejudicial to the health of the kasambahay, the employer, the expenses that are directly used for the transfer of the kasambahay from place
or member/s of the household; and of origin to the place of work.
g. Other causes analogous to the foregoing.
Q&A on Batas Kasambahay Q&A on Batas Kasambahay
43. When will a kasambahay be entitled to the 13th month pay?
12. When can an employer be reimbursed of the deployment expenses?
After one (1) month of service.
When the kasambahay unreasonably leaves the employer within six (6) months
from the time he/she started work. 44. How is the 13th month pay computed and when is it paid?
13. Are there pre-employment requirements? In computing the 13th month pay, the total basic wage received in a given calendar year
shall be divided by 12. The amount derived shall be paid not later than December 24.
Yes. Before entering into an employment contract, the employer has the option to
require the following from a kasambahay: 45. When will a kasambahay be covered by SSS, PhilHealth, and Pag-IBIG?
a. Medical certificate or health certificate issued by a local government After one (1) month of service.
health officer;
b. Barangay and police clearance; 46. Is the employer liable under the SSS, PhilHealth, and Pag-IBIG laws in
c. NBI clearance; and case the kasambahay refuses membership with those agencies?
d. Duly authenticated birth certificate or, if not available, voter’s identification
card, baptismal record, or passport showing the kasambahay’s age. Membership under the SSS, PhilHealth, and Pag-IBIG is mandatory and non-
negotiable.
14. Is there an instance when the pre-employment requirements are mandatory?
47. Supposing that in exchange for non-membership, the kasambahay
Yes, when the employment of the kasambahay is facilitated through a PEA. agrees with the employer to receive the premiums and contributions in
addition to his/ her salary, is this allowed?
15. Who pays for the cost of the pre-employment documents?
No. Under the SSS, PhilHealth, and Pag-IBIG laws, the employer has the
The prospective employer or PEA shall pay for the cost. obligation to register the kasambahay and deduct and remit the required premiums
and contributions. The employer shall incur certain liabilities, including criminal
16. Is it a requirement for a kasambahay to be trained and certified by TESDA prosecution, if he fails or refuses to comply with his/her obligations.
prior to employment?
48. Who will pay the SSS premium, and PhilHealth and Pag-IBIG
No. However, the kasambahay is encouraged to undergo competency assessment and contributions of the kasambahay?
be certified by TESDA. Training is not a requirement for competency assessment.
The employer, if the wage of the kasambahay is less than P 5,000.00.
17. Is a contract necessary before entering into an employment for domestic
work? If the wage of the kasambahay is P 5,000.00 or more, the kasambahay will pay
his/her share in the premiums/contributions.
Yes. The employer and the kasambahay shall enter into a contract of employment
written in a language or dialect understood by them. 49. Does the law have provisions protecting employers of kasambahay?
No, it is not necessary. The Punong Barangay or his/her designated officer may a. Prohibition against privileged information;
attest to the contract and serve as witness to its execution. b. Employer may require certain pre-employment documents prior to
Q&A on Batas Kasambahay Q&A on Batas Kasambahay
39. On what ground will the employer respect the preferred weekly rest day 20. Is the consent of the parent/guardian of working children required in the
of the kasambahay? employment contract?
The employer shall respect the preferred weekly rest day of the kasambahay on Yes. Such consent should appear in the employment contract.
religious grounds.
21. Is the employer required to register the kasambahay? If yes, where?
40. When can the kasambahay avail of the five-day annual Service Incentive
Leave? Yes. The employer is required to register the kasambahay in the Registry of
Domestic Workers in the barangay where the employer resides. For this purpose,
After one (1) year of service. the DILG, in coordination with the DOLE, shall formulate a registration system.
41. What will happen if the kasambahay fails to avail of any of his/her annual 22. Is the registration system of the kasambahay free of charge?
Service Incentive Leave?
Yes, it is free.
It shall be forfeited and cannot be converted to cash.
23. What are the mandatory benefits of the kasambahay?
42. What other agreements may the employer and the kasambahay enter into
relative to the kasambahay’s weekly rest day and SIL? a.Monthly minimum wage;
b. Daily rest period of 8 (total) hours;
a.Offsetting a day of absence with a particular rest day; c.Weekly rest period of 24 (uninterrupted) hours
b.Waiving a particular rest day in return for an equivalent daily rate of pay; d. 5 days annual service incentive leave with pay;
c. Accumulating rest days not exceeding five (5) days; e.13th month pay;
d. Adding the accumulated rest days (maximum of 5 days) to the five-day f. SSS benefit;
SIL; and g. PhilHealth benefit; and
e.Waiving a particular SIL in return for an equivalent daily rate of pay. h. Pag-IBIG benefit;
Q&A on Batas Kasambahay Q&A on Batas Kasambahay
24. What are the other rights and privileges of the kasambahay? 2. Cities and 1st class municipalities - P2,000.00
(See attached copy of the 1st class municipalities)
a. Freedom from employer’s interference in wage disposal; 3. Other municipalities - P1,500.00
b. Standard of treatment;
c.Board, lodging, and medical attendance; 29. Do we need to amend the law before the monthly minimum wage of the
d. Right to privacy; kasambahay may be increased?
e. Access to outside communication;
f. Access to education and training; No. The law provides a mechanism for increasing the minimum wage of the kasambahay.
g. Right to be provided a copy of the employment contract; Initially, one year from 04 June 2013, the Regional Tripartite Wages and Productivity Boards
h. Right to Certificate of Employment; (RTWPB) may review, and if proper, determine and adjust the minimum wage.
i. Right to form, join, or assist labor organization;
j. Right to terminate employment based on just cause; and The RTWPB shall coordinate with TESDA on the wage review and adjustment
k. Right to exercise religious beliefs and cultural practices. based on the kasambahay’s competency level, in line with the thrust to
professionalize the domestic service sector.
25. What are the basic necessities of the kasambahay?
30. In what form and when will the wage of a kasambahay be paid?
a. At least three (3) adequate meals a day, taking into consideration the
kasambahay’s religious beliefs and cultural practices; In cash, at least once a month.
b. Humane sleeping condition; and
c.Appropriate rest and basic medical assistance. 31. Can the employer pay the kasambahay in any form other than cash?
26. Is the employer required to provide the kasambahay with shampoo, soap, No. Payment of wages by means of promissory note, voucher, coupon, token,
toothpaste, etc.? ticket, chit, or anything other than the cash wage is prohibited.
Though not part of the “basic necessities” required to be provided by the employer 32. Is the employer obliged to issue pay slip upon payment of the salary of
to the kasambahay, these may be provided gratuitously. the kasambahay?
27. What is the extent of the basic medical assistance which the employer Yes. The employer shall at all times provide the kasambahay with a copy of the
should provide to his/her kasambahay? pay slip every pay day containing the amount paid and all deductions made, if any.
First-aid medicines (e.g. paracetamol, mefenamic acid, antiseptic, etc.) in case of 33. How long should the employer keep copies of the pay slips?
illnesses and injuries sustained during service.
Three (3) years from issuance.
SSS, ECC and PhilHealth have programs that can address the medical expenses
of the kasambahay. 34. Is the kasambahay entitled to daily rest period?
28. How much is the monthly minimum wage of a kasambahay? Yes. He/she is entitled to a total daily rest period of at least 8 hours.
For those employed in: 35. Can the employer require the kasambahay to work beyond 16 hours at
any given workday in return for an equivalent hourly rate?
1. National Capital Region - P2,500.00