< All Topics

F. Kasambahay

(NOTICE: Additional discussions are under Part III – Labor Standards > E. Working conditions for special groups of employees > 5. Kasambahay)

1. CONCEPTS

Domestic work – refers to work performed in or for a household. (Section 3[d], Ibid.)

Domestic worker or “Kasambahay” – refers to any person engaged in domestic work within an employment relationship, whether on a live-in or live-out arrangement, such as, but not limited to, general househelp, “yaya”, cook, gardener or laundry person, but shall exclude service providers, family drivers, children who are under family arrangement, or any person who performs domestic work only occasionally or sporadically and not on an occupational basis. (Section 3[e], Ibid.)

Debt bondage – refers to the rendering of service by the Kasambahay 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. (Section 3[b], Implementing Rules and Regulations of R.A. 10361, Kasambahay Law)

Employer – refers to any person who engages and controls the services of a Kasambahay and is a party to the employment contract. (Section 3[f], Ibid.)

Household – refers to the immediate members of the family or the occupants of the house who are directly and regularly provided services by the Kasambahay. (Section 3[g], Ibid.)

Live-out arrangement – refers to an arrangement whereby the Kasambahay works with the employer’s household but does not reside therein. (Section 3[h], Ibid.)

Private Employment Agency (PEA) – refers to any individual, partnership, corporation or entity licensed by the Department of Labor and Employment (DOLE) to engage in the recruitment and placement of Kasambahay for local employment. (Section 3[i], Ibid.)

Working children – refers to Kasambahay who are fifteen (15) years old and above but below eighteen (18) years old. (Section 3[k], Ibid.)

Service provider – refers to any person or entity that carries an independent business and undertakes to perform job, work or service on his/her own for a household, according to his/her own manner and method, and free from the control and direction of the employer in all matters in connection with the performance of the work except as to the results thereof. (Section 3[l], Ibid.)

a. Children under foster family arrangement

The term domestic worker or “Kasambahay” do no tot include 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. (Paragraph 2, Section 4[d], R.A. 10361)

2. MODE OF HIRING

A Kasambahay can be hired by the employer directly or indirectly through a licensed PEA. (Section 1, Rule II, Implementing Rules and Regulations of R.A. 10361, Kasambahay Law)

a. Cost of hiring

The employer shall shoulder the cost of hiring of a Kasambahay, whether he/she is hired through a licensed PEA. (Section 2, Rule II, Ibid.)

In no case shall the recruitment or finder’s fee be charged against the Kasambahay. (Section 3, Rule II, Ibid.)

b. Deployment expenses

General rule: The employer, whether the Kasambahay is hired directly or through a PEA, shall pay the expenses directly used for his/her transfer from place of origin to the place of work. (Section 3, Rule II, Ibid.)

Exception: The employer may recover deployment costs from the Kasambahay whenever he/she leaves without justifiable reason within six (6) months from employment. (Paragraph 2, Section 3, Rule II, Ibid.)

3. EMPLOYMENT CONTRACT

Before the commencement of the service, a written employment contract between the Kasambahay and the employer shall be accomplished in three (3) copies. The contract shall be in a language or dialect understood by both the Kasambahay and the employer, and shall include the following:

1) Duties and responsibilities of the Kasambahay, including the responsibility to render satisfactory service at all times;

2) Period of employment;

3) Compensation;

4) Authorized deductions;

5) Hours of work and proportionate additional payment

6) Rest days and allowable leaves

7) Board, lodging and medical attention

8) Agreements on deployment expenses, if any

9) Termination of employment

10) Any other lawful condition agreed upon by both parties. (Section 5, Rule II, Ibid.)

a. Minor

If the Kasambahay is below 18 years old, the employment contract shall be signed by his/her parent or lawful guardian on his/her behalf. (Paragraph 2, Section 5, Rule II, Ibid.)

b. Witnessed by Punong Barangay

Upon the request of either party, the Punong Barangay or his/her designated officer shall read and explain the contents of the contract to both parties and shall serve as its witness. (Paragraph 3, Section 2, Rule II, Ibid.)

c. Standard employment contract

The employment contract shall conform to the DOLE Standard Employment Contract (Kontrata sa Paglilingkod sa Tahanan) or Form BK-1. (Section 6, Rule II, Ibid.)

d. Distribution of copies of employment contract

The employer shall have the obligation to furnish a copy of the employment contract to the Kasambahay and to the Office of the Punong Barangay in the barangay where the employer resides. (Section 7, Rule II, Ibid.)

e. Renewal of contract

Should the parties mutually agree to continue their employment relationship upon expiration of the contract, they shall execute a new contract to be registered with the concerned barangay. (Section 8, Rule II, Ibid.)

1) Automatic renewal

If the parties fail to execute a new contract, the terms and conditions of the original contract and other improvements granted during the effectivity of said contract are deemed renewed. (Paragraph 2, Section 8, Rule II, Ibid.)

4. PRIVATE EMPLOYMENT AGENCIES (PEA)

a. License, Authority, Registration

1) License

2) Authority to Recruit

3) Authority to Establish Branch

The PEA shall secure a license, and if necessary, Authority to Recruit and Authority to Establish Branch from DOLE prior to any recruitment and deployment activities. (Section 2, Rule III, Ibid.)

4) Registration with Barangay

The PEA shall also register with the barangay where they recruit, by presenting a copy of its valid license and authority to recruit issued by DOLE Regional Office/s. (Paragraph 2, Section 2, Rule II, Ibid.)

b. Responsibilities of PEAs

1) Ensure that the Kasambahay is qualified as required by the employer.

2) Secure the best terms and conditions of employment for the Kasambahay.

3) Ensure that the employment agreement between the Kasambahay and the employer stipulates the terms and conditions of employment and all the benefits.

4) Provide a pre-employment orientation briefing to the Kasambahay and the employer about their rights and responsibilities.

5) Ensure that the Kasambahay is not charged or required to pay any recruitment or placement fees.

6) Keep copies of employment contracts and agreements pertaining to recruited Kasambahay which shall be made available during inspections or whenever required by the DOLE or local government officials.

7) Assist the Kasambahay in filing his/her complaints or grievances against the employers.

8) Cooperate with government agencies in rescue operations involving abused or exploited Kasambahay.

9) Assume joint and solidary liability with the employer for payment of wages, wage-related and other benefits, including monthly contribution for SSS, PhilHealth, and Pag-IBIG membership. (Section 3, Rule III, Ibid.)

c. Replacement of Kasambahay by PEAs

Within one (1) month from the day the Kasambahay reported for work, the employer shall be entitled to qualified replacement at no additional cost if any of the following grounds occurred:

1) The Kasambahay is found to be suffering from an incurable or contagious disease, or mental illness as certified by a competent or government physician.

2) The Kasambahay abandons the job without justifiable cause, voluntarily resigns, commits theft or any other analogous acts prejudicial to the employer or his/her family;

3) The Kasambahay is physically or mentally incapable of discharging the minimum requirements of the job, as specified in the employment contract. (Section 4, Rule II, Ibid.)

1) The 75% refund for no replacement

The employer shall be entitled to a refund of 75% of the fees paid to the PEA, if the latter failed to provide a qualified replacement after a lapse of one (1) month from receipt of the request for replacement. (Paragraph 2, Section 4, Rule II, Ibid.)

5. POST-EMPLOYMENT

a. Pre-Termination of Employment

In case the duration of employment is specified in the contract, the Kasambahay and the employer may mutually agree upon notice to terminate the contract of employment before the expiration of its term. (Section 1, Rule VII, Ibid.)

In case the duration is not determined by stipulation or by nature of service, the employer or the Kasambahay may give notice to end the employment relationship five (5) days before the intended termination of employment. (Paragraph 2, Section 1[b], Rule VII, Ibid.)

b. Termination of employment initiated by the Kasambahay

The Kasambahay may terminate the employment relationship at any time before the expiration of the contract for any of the following causes:

1) Verbal or emotional abuse of the Kasambahay by the employer or any member of the household;

2) Inhuman treatment including physical abuse of the Kasambahay by the employer or any member of the household;

3) Commission of a crime or offense against the Kasambahay by the employer or any member of the household;

4) Violation by the employer of the terms and conditions of the employment contract and other standards set forth under the IRR;

5) Any disease prejudicial to the health of the Kasambahay, the employer, or member/s of the household; and

6) Other causes analogous to the foregoing. (Section 2, Rule VII, Ibid.)

If the Kasambahay leaves without cause, any unpaid salary due, not exceeding the equivalent of fifteen (15) days work, shall be forfeited. In addition, the empoyer may recover from the Kasambahay deployment expenses, if any, if the services have been terminated within six (6) months from employment. (Paragraph 2, Section 2, Rule VII, Ibid.)

c. Termination of employment initiated by the employer

An employer may terminate the employment of the Kasambahay at any time before the expiration of the contract for any of the following causes:

1) Misconduct or willful disobedience by the Kasambahay of the lawful order of the employer in connection with the former’s work;

2) Gross or habitual neglect or inefficiency by the Kasambahay in the performance of duties;

3) Fraud or willful breach of the trust reposed by the employer on the Kasambahay;

4) Commssion of a crime or offense by the Kasambahay against the person of the employer or any immediate member of the employer’s family;

5) Violation by the Kasambahay of the terms and conditions of the employment contract and other standards set for under the IRR:

6) Any disease prejudicial to the health of the Kasambahay, the employer, or member/s of the household; and

7) Other causes analogous to the foregoing.  (Paragraph 2, Section 3, Rule VII, Ibid.)

d. Invalid ground for termination

Pregnancy and marriage of the Kasambahay are not valid grounds for termination of employment. (Section 4, Rule VII, Ibid.)

e. Employment Certification

Upon the termination nof the employment, the employer shall issue the Kasambahay, within five (5) days from request, a certificate of employment indicating the nature, duration of the service and work description. (Section 5, Rule VII, Ibid.)

6. SETTLEMENT / DISPOSITION OF LABOR-RELATED DISPUTES

a. Mechanism for settlement of disputes

All labor-related disputes shall be filed before the DOLE Field/Provincial/Regional Office having jurisdiction over the workplace and shall go through the thirty-day (30) mandatory conciliation under the DOLE Single Entry Approach (SEnA) program to exhaust all efforts for the settlement of the dispute. (Section 1[a], Rule XI, Ibid.)

b. Compliance order

In case the parties fail to reach a settlement, a mandatory conference not exceeding thirty (30) days shall be conducted bythe DOLE Field/Provincial/Regional Office from referral of the unsettled dispute. The DOLE-Regional Director shall issue a Compliance Order within ten (10) days from the submission of the case for resolution. (Section 2, Rule XI, Ibid.)

c. Moition for Reconsideration

Any aggrieved party may file a motion for reconsideration from the Compliance Order within ten (10) days from receipt thereof. (Section 3, Rule XI, Ibid.)

d. Appeal

The Resolution on the Motion for Reconsideration of the DOLE-Regional Director may be appealed to the Secretary of Labor and Employment within ten (10) days from receipt thereof. (Section 4, Rule XI, Ibid.)

Thereafter, the Order of the Secretary of Labor and Employment shall be final and executory. (Paragraph 2, Section 4, Rule XI, Ibid.)

7. UNLAWFUL ACTS

The following are unlawful acts:

1) Employment of children below 15 years of age;

2) Withholding of wages of the Kasambahay;

3) Interference in the disposal of the wages of the Kasambahay;

4) Requiring deposits for loss or damage;

5) Placing the Kasambahay under debt bondage; and

6) Charging another household for temporarily performed tasks. (Section 1, Rule XI, Ibid.)

Previous E. Solo Parents
Next G. Agrarian Relations
Table of Contents