KASAMBAHAY LAW PDF
This Act shall be known as the “Domestic Workers Act” or “Batas Kasambahay”. SEC. 2. (d) Domestic worker or “Kasambahay” refers to any person engaged in domestic work within an employment .. Download PDF. Pursuant to Republic Act No. entitled “An Act Instituting Policies for the workers in general, and establishes labor standards for Kasambahay in. REVISITING REPUBLIC ACT NO. BATAS KASAMBAHAY A Policy Paper Presented to the School of Labor and Industrial Relations University of the.
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publications/files/resourceone.info 7. Respect and Rights! and the Kasambahay Bill was signed into law on 18th Jnauary. Title: Kasambahay (domestic worker) program: working together towards a Magna Carta for Filipino While pertinent national laws on migrant work, child labor. RA Domestic Workers Act (Batas Kasambahay). Endnotes / . The snail's pace of the Kasambahay Bill contrasts with the passage of a law to advance ) resourceone.info Q_A_on_Batas_Kasambahay. pdf.
Among these are child domestic workers striving to finish education while doing unpaid domestic work in exchange for school tuition; student domestic workers that have stopped their schooling and remain unpaid by their employers; and domestic workers — especially elderly workers — without social protection. A few domestic worker organisers, including Himaya, went to gated neighbourhoods, urban poor areas, and schools where domestic workers often wait for their young charges with LEARN researchers to conduct one-on-one interviews with domestic workers.
These interviews helped domestic workers network and had a snowball effect, with domestic workers referring their domestic worker friends and acquaintances to each other and to LEARN.
We then did house to house visits to create personal relationships with and among domestic workers. After these conversations and discussions with domestic workers, we decided that addressing the economic concerns of domestic workers — primarily due to low wages — was a priority, so we formed a community savings cooperative for domestic workers.
The purpose was to help domestic workers avoid debt bondage and to provide them with a mutual aid programme for solidarity and support. Besides this mutual-help initiative, we also offered regular discussions and short seminars on domestic worker rights and social protection. We grew from a small, informal group of 73 domestic workers in to an official organisation of members in April Today, we have over 1, members from different regions of the Philippines.
The purpose of UNITED is to organise domestic workers in the Philippines under a democratic national union in order to empower them to claim their rights as workers and to help them enhance their skills and knowledge in organising. Aside from a membership fee of Php There are currently due-paying members in the 22 local chapters, which gives us hope for the sustainability of the organisation in the future.
UNITED also helps mediate conflicts between domestic workers and their employers by conducting forums for domestic workers to discuss issues with their employers to ease any potential misunderstandings between both parties.
Republic Act No 10361 - Kasambahay Law
General Prohibition. It shall be unlawful to employ any person below fifteen 15 years of age as Kasambahay. Employment of Working Children.
Pursuant to Republic Act No. Benefits of Working Children.
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Working children shall be entitled to minimum wage, and all benefits provided under the Batas Kasambahay, which include access to education and training. The NCLC shall ensure that working children and their families are provided with access to education, access to productive resources, and that measures are in place to ensure compliance with the standards for employment of children in domestic work as prescribed in this Rule.
Pre-Termination of Employment. Termination of Employment Initiated by the Kasambahay. 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 employer may recover from the Kasambahay deployment expenses, if any, if the services have been terminated within six 6 months from employment. Termination of Employment Initiated by the Employer. Invalid Ground for Termination. Pregnancy and Marriage of the Kasambahay are not considered valid grounds for termination of employment.
Employment Certification. Upon the termination of employment, the employer shall issue the Kasambahay, within five 5 days from request, a certificate of employment Form BK-3 indicating the nature, duration of the service and work description.
Training for local-hired Kasambahay.
Skills Training, Assessment and Certification. Requirements for Training.
Employers Reportorial Duties. Start-up Registration. Continuous Registration. Kasambahay Masterlist. The Punong Barangay shall maintain and update the Kasambahay Masterlist in the barangay. The report shall be made available to the DOLE and other concerned government agencies. Disclosure of Information. The processing of personal information under this Rule shall be allowed, subject to compliance with the requirements of Republic Act No. Rescue of Abused Kasambahay.
Any abused Kasambahay shall be immediately rescued by a municipal or city social welfare officer in coordination with the concerned barangay officials and the proper law enforcement personnel.
Definition and Coverage of Abuse. It includes, but is not limited to, the following acts: a Physical violence refers to acts that include bodily or physical harm; b Sexual violence refers to an act which is sexual in nature, committed against a Kasambahay.
Parties who can Report the Abuse. The following may report any act of abuse committed against a Kasambahay: a Offended Kasambahay; b Parents or guardians of the offended Kasambahay; c Ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity; d Social workers from the LSWDOs or the DSWD Field Office; e Police officers from the Women and Children Protection Desks; f Barangay Officials; g Lawyer, counsellor, therapist, or healthcare provider of the offended Kasambahay; or h At least two 2 concerned responsible citizens of the city or municipality where the abuse occurred and who has personal knowledge of the offense committed.
The law mandates the conduct of immediate rescue of abused or exploited kasambahay It took sixteen 16 years for Congress to pass the Kasambahay Law or Magna Carta for by the municipal or city social welfare oicer or a social welfare oicer from DSWD, in Domestic Workers. The last legislation passed in Congress was in or nineteen 19 years ago.
Under the present administration, what initiatives have been taken to fast-track the passage of the law?
Bills were immediately iled in both houses of Congress which resulted in the approval of consolidated Senate Bill No. Can the employer demand from a PEA the replacement of a kasambahay? This contributed Yes.
Within one month from the day the kasambahay reported for work, the employer to the early passage of the law. The kasambahay is found to be sufering from an incurable or contagious Recommendation at the Conference Committee on Domestic Work.
Did the Philippines ratify the Convention and if so, when? The kasambahay abandons the job without justiiable cause, voluntarily resigns, commits theft or any other analogous acts prejudicial to the employer Yes. President Benigno S. The kasambahay is physically or mentally incapable of discharging the minimum requirements of the job, as speciied in the employment contract. What is the efect of the ratiied Convention to the Philippines?
When is the efectivity of the ratiied Convention? The Convention takes into force and efect on 05 September , a year after the What are the declared responsibilities of the Private Employment Agency deposit of the Philippine instrument of ratiication with the ILO on 05 September What is the added signiicance of the Kasambahay Law in relation to our a.
Ensure that the kasambahay is qualiied as required by the employer; compliance requirement with ILO Convention ? 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 Convention the employer stipulates the terms and conditions of employment and all the Provide a pre-employment orientation brieing to the kasambahay and the How many domestic workers are estimated to beneit from the law?
Kasambahay and employer must have a written contract
Ensure that the kasambahay is not changed or required to pay any recruitment Estimates place the number of local kasambahay at 1.
Who are the kasambahay covered by the law? Can the employer and the kasambahay terminate the contract anytime? If the duration of the domestic service is not determined in the contract, can a of age; or kasambahay or the employer terminate the contract anytime?
Kasambahay Law: Republic Act No. 10361
Either the employer or the kasambahay may give notice to end the working relationship ive 5 days before the intended date of the termination of service. Who are not covered? What are the entitlements of a kasambahay unjustly dismissed by the The following are not covered by the Batas Kasambahay: employer?
Outright payment of earned wage; and b. Indemnity beneit in the form of wage equivalent to ifteen 15 days work. Who are children under foster family arrangement? Forfeiture of wage equivalent to ifteen 15 days work; and b.
Reimbursement of the deployment expenses, if the employment contract is Children under foster family arrangement are those who are living with a family or terminated within six 6 months from employment. What are the examples of persons performing work occasionally or sporadically and not on an occupational basis?
If there is non-payment or underpayment of wage and other labor-related concerns, where can the kasambahay seek assistance? 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 Oicer situated in their respective c. A hospital nurse or a student doing baby-sitting job. What is the employable age for a kasambahay? Under what conditions may the employment of children ifteen 15 but below engagement; eighteen 18 years of age be made? They shall not be allowed to work for more than eight 8 hours a day, and in d. Forfeiture of day unpaid salary should the kasambahay leave the residence no case beyond forty 40 hours a week; of the employer without any justiiable reason; and b.
Right to terminate the employment on justiiable grounds. They shall not be allowed to do hazardous work; and Can the kasambahay terminate the contract at any time? They shall not be denied access to education and training.
Yes, on the following grounds: 7. Who is the employer of a kasambahay?
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 kasambahay and member of the household; is party to the employment contract.
Inhuman treatment including physical abuse of the kasambahay by the employer or any member of the household; 8. Commission of a crime or ofense against the kasambahay by the employer direct service by the kasambahay? Violation by the employer of the terms and conditions of the employment Immediate family members or other occupants of the house who are directly and contract and other standards set forth under the law; regularly provided services by the kasambahay.
How can an employer hire a kasambahay? Other causes analogous to the foregoing.
IRR of Kasambahay Law
An employer can hire directly or through private employment agencies PEA registered Can the employer also terminate the contract at any time? Yes, on the following grounds: Fairness and effectiveness of the administrative penalties set for employers who fail to abide by the provisions of Batas Kasambahay. Service of Termination Notice.
Ordinary crimes or offenses committed under the Revised Penal Code and other special penal laws by either party shall be filed with the regular courts. The Philippines has been sending domestic workers to Saudi Arabia, Kuwait, and Singapore since the s, but it was only in the s that attention was finally given to the conditions of domestic workers. Republic Act No. Regardless of whether the domestic worker was hired through a private employment agency or a third party, no share in the recruitment or finders fees shall be charged against the domestic worker by the said private employment agency or third party.
Ofsetting a day of absence with a particular rest day; c. It shall also be responsible for the development and administration of assessment packages and certification of kasambahays.
Implementing Rules and Regulations.
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