IMPLEMENTING RULES AND REGULATIONS
OF REPUBLIC ACT NO. 10361, OTHERWISE KNOWN AS THE
“DOMESTIC WORKERS ACT” OR “BATAS KASAMBAHAY”
Pursuant to Republic Act No. 10361 entitled “An Act Instituting Policies for the
Protection and Welfare of Domestic Workers”, the following Implementing Rules and
Regulations (IRR), are hereby issued:
RULE I
GENERAL PROVISIONS
SECTION 1. Declaration of Policies. – It is
hereby declared that:
(a) 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;
(b) The State adheres to internationally
accepted working conditions for workers in general, and establishes labor
standards for Kasambahay in particular, towards decent employment and income,
enhanced coverage of social protection, respect for human rights and
strengthened social dialogue;
(c) The State recognizes the need to
protect the rights of the Kasambahayagainst abuse, harassment, violence,
economic exploitation and performance of work that is hazardous to their
physical and mental health;
(d) The State, in protecting the Kasambahay
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;
(e) The State recognizes the special relations
of mutual trust and respect between the employer and the Kasambahay. It shall
ensure that this fiduciary relationship is strengthened and protected; and
(f) The State affirms the right of the
Kasambahay to form, join, or assist associations or organizations of their own
choosing for their mutual benefit and protection and for purposes of collective
negotiation and social dialogue.
SECTION 2. Coverage. – This Implementing
Rules and Regulations (IRR) shall apply to all parties to an employment
contract for the services of the following Kasambahay, whether on a live-in or
live-out arrangement, such as but not limited to:
(a) General househelp;
(b) Yaya;
(c) Cook;
(d) Gardener;
(e) Laundry person; or2
(f) Any person who regularly performs
domestic work in one household on an occupational basis.
The following are not covered:
(a) Service providers;
(b) Family drivers;
(c) Children under foster family
arrangement; and
(d) Any other person who performs work
occasionally or sporadically and not on an occupational basis.
SECTION 3. Definition of Terms. – As used
herein, the following terms shall mean:
(a) “Children under foster family
arrangement” refers to children who are living with a family or household of
relative/s and are provided access to education and given an allowance
incidental to education, i.e., “baon”, transportation, school projects, and
school activities; provided that the foster family and foster care arrangements
are in compliance with the procedures and requirements as prescribed by
Republic Act No. 10165 or Foster Care Act of 2012.
(b) “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.
(c) “Deployment expenses” refers to
expenses that are directly used for the transfer of the Kasambahay from place
of origin to the place of work covering the cost of transportation, meals,
communication expense, and other incidental expenses. Advances or loans by the
Kasambahay are not included in the definition of deployment expenses.
(d) “Domestic work” refers to work
performed in or for a household.
(e) “Domestic worker” or “Kasambahay”
refers to any person engaged in domestic work within an employment
relationship, whether on a live-in or live-outarrangement, such as, but not
limited to, general househelp, “yaya”, cook, gardener, or laundry person, but
shall exclude family drivers, children who are under foster family arrangement,
or any person who performs domestic work only occasionally or sporadically and
not on an occupational basis.
(f) “Employer” refers to any person who
engages and controls the services of a Kasambahay and is party to the
employment contract.
(g) “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.
(h) “Live-out arrangement” refers to an
arrangement whereby the Kasambahay works within the employer’s household but
does not reside therein.
(i) “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.
(j) “Recruitment and finder’s fees” refers
to charges and any amount collected by the private employment agency,
recruiter, entity or any third party for the recruitment and placement of the
Kasambahay, which shall not be charged to the Kasambahay.
(k) “Working children” refers to Kasambahay
who are fifteen (15) years old and above but below eighteen (18) years old.
(l) “Service provider” refers to any person
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.
RULE II
HIRING OF KASAMBAHAY
SECTION 1. Mode of Hiring. – A Kasambahay
can be hired directly by the employer or indirectly through a licensed PEA.
SECTION 2. Cost of Hiring. – The employer
shall shoulder the cost of hiring of a Kasambahay, whether he/she is hired
through a PEA or a third party. In no case shall the recruitment or finder’s
fees be charged against the Kasambahay.
SECTION 3. Deployment Expenses. – 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. The employer may recover deployment costs from the Kasambahay whenever
the employment relationship is terminated within six (6) months without just
cause.
SECTION 4. Pre-Employment Requirements. –
Prior to the execution of the employment contract, the employer may require the
following from the Kasambahay:
(a) Medical certificate or a health
certificate issued by a local government health officer;
(b) Barangay and police clearance;
(c) National Bureau of Investigation (NBI)
clearance; and
(d) Duly authenticated birth certificate or
if not available, any other document showing the age of the Kasambahay such as
voter’s identification card, baptismal record or passport.
The foregoing shall be the standard
requirements when the employment of the Kasambahay is facilitated through a
PEA. The cost of the foregoing shall be borne by the prospective employer or
the agency, as the case may be.
Section 5. 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:
(a) Duties and responsibilities of the
Kasambahay, which include the responsibility to render satisfactory service at
all times;
(b) Period of employment;
(c) Compensation;
(d) Authorized deductions;
(e) Hours of work and proportionate
additional payment;
(f) Rest days and allowable leaves;
(g) Board, lodging and medical attention;
(h) Agreements on deployment expenses, if
any;
(i) Loan agreement, if any;
(j) Termination of employment; and
(k) Any other lawful condition agreed upon
by both parties.
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.
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 witness.
SECTION 6. Standard Employment Contract. –
The employment contract shall conform to the Department of Labor and Employment
(DOLE) Standard employment contract (Kontrata sa Paglilingkod sa Tahanan) or
Form BK-1, which forms part of this IRR. Form BK-1 is downloadable and copies
shall be made available to the public for free through the local government
units, specifically through the barangays and the Public Employment Service
Offices (PESOs).
SECTION 7. Distribution of Copies of
Employment Contract. – The employer shall have the obligation to furnish a copy
of the employment contract to the Kasambahay and a copy to the Office of the
Punong Barangay in the barangaywhere the employer resides.
SECTION 8. Renewal of Contract. – Should
the parties mutually agree to continue their employment relationship upon
expiration of the contract, the parties shall execute a new contract to be
registered with the concerned barangay pursuant to Rule IX of this IRR. Should
the parties fail to execute a new contract, the terms and conditions of the
original contract and other improvements granted during the effectivity of the contract
are deemed renewed.
RULE III
RECRUITMENT AND DEPLOYMENT OF KASAMBAHAY
SECTION 1. Private Employment Agencies
(PEAs). – The DOLE shall maintain a system of licensing and regulation of
private employment agencies toensure the protection of the employer and the
Kasambahay recruited and hired through the employment agencies.The system shall
provide the qualifications of the PEAs with regard to nationality, owners and
officers, office space, capitalization and other requirements,as well as
non-transferability of license and prohibited practices.
SECTION 2. Requirement of License. – The
PEAs shall secure a license from the DOLE prior to any recruitment and
deployment activities. Further, the PEAs shall also register and secure written
authorization from the local government unit where they recruit.
SECTION 3. Responsibilities of PEAs. – In
facilitating the employment of Kasambahay, the PEA shall undertake the
following responsibilities:
(a) Ensure that the Kasambahay is qualified
as required by the employer;
(b) Secure the best terms and conditions of
employment for the Kasambahay;
(c) Ensure that the employment agreement
between the Kasambahay and the employer stipulates the terms and conditions of
employment and all the benefits in accordance with this IRR;
(d) Provide a pre-employment orientation
briefing to the Kasambahay and the employer about their rights and
responsibilities in accordance with this IRR;
(e) Ensure that the Kasambahay is not
charged or required to pay any recruitment or placement fees;
(f) 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;
(g) Assist the Kasambahay in filing his/her
complaints or grievances against the employers;
(h) Cooperate with government agencies in
rescue operations involving abused or exploited Kasambahay; and
(i) 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 4. Replacement of Kasambahay Hired
Through PEAs. – In case the Kasambahay was hired through the PEA and the
circumstances listed below occurred within one (1) month from the first day the
Kasambahay reported for work, the PEA shall provide qualified replacement at no
additional cost to the employer. If such replacement is not provided, the
employer shall be entitled to a refund of seventy-five percent (75%) of the
deployment expenses or fees paid to the PEA.
(a) The Kasambahay is found to be suffering
from an incurable or contagious disease, or mental illness as certified by a
competent or government physician;
(b) 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; or
(c) The Kasambahay is physically or
mentally incapable of discharging the minimum normal requirements of the job,
as specified in the employment contract.
RULE IV
RIGHTS OF THE KASAMBAHAY
SECTION 1. Rights and Privileges of
Kasambahay. – The rights and privileges of the Kasambahay, are as follows:
(a) Minimum wage;
(b) Other mandatory benefits, such as the
daily and weekly rest periods,
service incentive leave, and 13th month
pay;
(c) Freedom from employers’ interference in
the disposal of wages;
(d) Coverage under the SSS, PhilHealth and
Pag-IBIG laws;
(e) Standard of treatment;
(f) Board, lodging and medical attendance;
(g) Right to privacy;
(h) Access to outside communication;
(i) Access to education and training;
(j) Right to form, join, or assist labor
organization;
(k) Right to be provided a copy of the
employment contract as required in Section 7, Rule II;
(l) Right to certificate of employment as
required in Section 5, Rule VII;
(m)Right to terminate the employment as
provided in Section 2, Rule VII; and
(n) Right to exercise their own religious
beliefs and cultural practices.
SECTION 2. Minimum Wage. – The minimum wage
of Kasambahay shall not be less than the following:
(a) Two Thousand Five Hundred (Php2,500.00)
a month for those employed in the National Capital Region (NCR);
(b) Two Thousand Pesos (Php2,000.00) a
month for those employed in cities and first-class municipalities; and
(c) One Thousand Five Hundred Pesos
(Php1,500.00) a month for those employed in other municipalities.
After one (1) year from the effectivity of
the Batas Kasambahay and periodically thereafter, the Regional Tripartite Wages
and Productivity Boards (RTWPBs) shall review and if proper, determine and
adjust the minimum wage rates of Kasambahay in accordance with their rules and
regulations taking into account the peculiarities of the Kasambahay employment
arrangement.
SECTION 3. Mode of Payment of Wages. – The
Kasambahay shall be paid his/her wages in cash. No payment by means of
promissory notes, vouchers, coupons, tokens, tickets, chits, or any object
other than cash shall be allowed.
SECTION 4. Frequency of Payment of Wages. –
The Kasambahay shall be paid his/her wages at least once a month.
SECTION 5. Daily Rest Period. – The
Kasambahay shall be entitled to an aggregate daily rest period of eight (8)
hours per day.
SECTION 6. Weekly Rest Period. – The
Kasambahay shall be entitled to at least twenty-four (24) consecutive hours of
rest in a week. The employer and the Kasambahay shall agree in writing on the
schedule of the weekly rest day but the preference of the Kasambahay, when based
on religious grounds, shall be respected.
Nothing in this provision shall deprive the
Kasambahay and the employer from agreeing to the following:
(a) Offsetting a day of absence with a
particular rest day;
(b) Waiving a particular rest day in return
for an equivalent daily rate of pay;
(c) Accumulating rest days not exceeding
five (5) days; or
(d) Other similar arrangements.
SECTION 7. Service Incentive Leave. – A
Kasambahay who has rendered at least one (1) year of service shall be entitled
to an annual service incentive leave of at least five (5) days with pay. Any
unused portion of said annual leave shall not be cumulative or carried over to
the succeeding years. Unused leaves shall not be convertible to cash.
SECTION 8. Thirteenth-Month Pay. – The
Kasambahay who has rendered at least one (1) month of service is entitled to a
thirteenth-month pay which shall not be less than one-twelfth (1/12) of his/her
total basic salary earned in a calendar year. The thirteenth-month pay shall be
paid not later than December 24 of every year.
SECTION 9. Social Security Benefits. – A
Kasambahay who has rendered at least one (1) month of service shall be covered
by the Social Security System (SSS), Employees Compensation Commission (ECC),
Philippine Health Insurance Corporation (PhilHealth), and Home Development
Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in
accordance with their respective laws, rules and regulations. Benefits under
the SSS include sickness, maternity, disability, retirement, death and funeral.
A unified benefit package under PhilHealth includes Inpatient Hospital Care and
Outpatient Care. Mandatory premium payments or contributions shall be
shouldered by the employer. However, if the Kasambahay is receiving a monthly
wage rate of Five Thousand Pesos (Php5,000.00) and above, the Kasambahay shall
pay the proportionate share in the premium payments or contributions, as
provided by law.
In the event the Kasambahay avails of
certain loan privileges from Pag-IBIG Fund which require the payment of
additional or upgraded contributions, the said additional or upgraded
contributions shall be shouldered solely by the Kasambahay. The SSS, Pag-IBIG
and PhilHealth shall develop a unified system of registration and enrollment
within six (6) months from the issuance of this IRR.
SECTION 10. Deduction for Loans/Debts. – In
case there are loans/debts, an agreement may be made to deduct from the wages
of the Kasambahay an amount which shall not exceed 20% of his/her wages in a
month. An employer may agree to extend loan assistance to the Kasambahay at an amount
not exceeding the equivalent of his/her six (6) months’ salary.This Section
shall not apply to working children.
SECTION 11. Standard of Treatment. – The
Kasambahay shall be treated with respect by the employer or any member of the
household. He/she shall not be subjected to any kind of abuse, including
repeated verbal or psychological, nor be inflicted with any form of physical
violence or harassment or any act tending to degrade his/her dignity, as
defined under the Revised Penal Code, Violence Against Women and their Children
Law (RA 9262), Special Protection of Children Against Child Abuse, Exploitation
and Discrimination Act (RA 7610) as amended by RA 9231, Anti-Trafficking in
Persons Act of 2003 (RA 9208), and other applicable laws.
SECTION 12. Board, Lodging and Medical
Attendance. – The Kasambahay shall be provided by the employer free basic
necessities to include the following:
(a) At least three (3) adequate meals a day
taking into consideration the Kasambahay’s religious beliefs and cultural
practices.
(b) Humane sleeping condition that respects
the person’s privacy for live-in arrangement; and
(c) Appropriate rest and medical
assistance, including first-aid medicine, in case of illnesses and injuries
sustained during service without loss of benefits.
For Kasambahay under live-out arrangement,
he/she shall be provided space for rest and access to toilet.
At no instance shall the employer withdraw
or hold in abeyance the provision of these basic necessities as punishment or
disciplinary action to the Kasambahay.
SECTION 13. Guarantee of Privacy. – The
Kasambahay shall, at all times, be respected of his/her privacy, including
his/her privacy of communication and personal effects.
SECTION 14. Access to Outside
Communication. – The Kasambahay shall be granted access to outside
communication during free time. In case of emergency, access to communication
shall be granted even during work time.
Should the Kasambahay use the employer’s
telephone or other communication facilities, the costs shall be borne by the
Kasambahay, unless waived by the employer.
SECTION 15. Opportunities for Education and
Training. – The Kasambahay shall be afforded the opportunity to finish basic
education, consisting of elementary and secondary education. He/she may be
allowed access to alternative learning systems and, as far as practicable,
higher education or technical vocational education and training. The employer
shall adjust the work schedule of the Kasambahay to allow his/her access to
education or training without hampering the services required by the employer.
Access to education may include financial assistance at the option of the
employer. The Department of Education (DepEd) shall ensure continued access of Kasambahay
to alternative learning system education.
SECTION 16. Membership in Labor
Organization. – The Kasambahay shall have the right to join a labor
organization of his/her own choosing for purposes of mutual aid and collective
negotiation. The Kasambahay shall be afforded opportunity to attend
organization meetings. The Regional Tripartite Industrial Peace Council
(RTIPC), chaired by the DOLE Regional Director, shall create within the council
a sub-committee to ensure adequate representation of the Kasambahay in social
dialogue on issues and concerns peculiar to Kasambahay work and their welfare.
RULE V
RIGHTS AND OBLIGATIONS OF THE EMPLOYER
SECTION 1. Rights and Privileges of
Employer. – The employer enjoys the following rights:
(a) To require submission by the Kasambahay
of pre-employment documents (Section 4, Rule II of this IRR);
(b) To recover deployment expenses (Section
3, Rule II);
(c) To demand replacement (Section 4, Rule
III); and
(d) To terminate employment (Section 3,
Rule VII).
SECTION 2. Pay Slip. – The employer shall
at all times provide the Kasambahay with a copy of the pay slip (Form BK-2)
containing the amount paid in cash every pay day, and indicating all deductions
made, if any. The employer shall keep copies of the pay slips for a period of
three (3) years.
SECTION 3. Registration and Enrollment to
SSS, PhilHealth, and PagIBIG. – The employer shall register as employer of the
Kasambahay, and shall enroll the Kasambahay to the SSS, PhilHealth, and
Pag-IBIG.
SECTION 4. Prohibition Against Withholding of Wages. – (a)
It shall be unlawful for an employer, directly or indirectly, to withhold the
wages of the Kasambahay except as provided for under Section 2, Rule VII of
this IRR. (b) It shall also be unlawful for the employer to induce the
Kasambahay to give up any part of the wages by force, stealth, intimidation,
threat or by any other means whatsoever.
SECTION 5. Prohibition on Interference in the Disposal of
Wages. – It shall be unlawful for the employer to interfere with the freedom of
the Kasambahay in the disposition of his/her wages, such as:
(a) Forcing, compelling, or obliging the Kasambahay to
purchase merchandise, commodities or other properties from the employer or from
any other person; or
(b) Making use of any store or services of such employer or
any other person.
SECTION 6. Prohibited Deductions. – Other than those
mandated by law, the employer shall not deduct any amount from the wages of the
Kasambahay without his/her written consent or authorization; provided that the
deduction for loss or damage is made under the following conditions:
(a) The Kasambahay is clearly shown to be responsible for
the loss or damage;
(b) The Kasambahay is given reasonable opportunity to show
cause why deduction should not be made;
(c) The total amount of such deductions is fair and
reasonable and shall not exceed the actual loss or damage; and
(d) The deduction from the wages of the Kasambahay does not
exceed 20% of his/her wages in a month.
The DOLE shall extend free assistance in the determination
of fair and reasonable wage deductions under this Section.
SECTION 7. Deposits for Loss or Damage. – It shall be
unlawful for the employer or any other person to require a Kasambahay 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.
SECTION 8. Prohibition against Privileged Information. – All
communication and information pertaining to the employer or members of the household
shall be treated as privileged and confidential, and shall not be publicly disclosed
by the Kasambahay during and after employment. Such privileged information
shall be inadmissible in evidence except when the suit involves the employer or
any member of the household in a crime against persons, property, personal
liberty and security and chastity.
SECTION 9. Prohibition on Debt Bondage. – It shall be
unlawful for the employer or any person acting on behalf of the employer to
place the Kasambahay under debt bondage as defined in Section 3(b), Rule I of
this IRR.
SECTION 10. Assignment to Non-household Work. – The employer
shall not, at any point of the duration of employment, assign the Kasambahay to
work whether in full or part-time in a commercial, industrial or agricultural
enterprise. When assigned to work in a commercial, industrial or agricultural
enterprise, the Kasambahay must be paid the applicable minimum wage and
benefits for workers in such enterprise.
SECTION 11. Extent of Duty Outside the Household. – The
Kasambahay and the employer may mutually agree for the Kasambahay to
temporarily perform a task for the benefit of another household under the
following conditions:
(a) There is an agreement between the Kasambahay and the
employer for the purpose, particularly on the task/s to be performed;
(b) The Kasambahay is entitled to additional payment of not
less than the applicable minimum wage rate;
(c) The original employer shall be responsible for any
liability incurred by the Kasambahay on account of such arrangement; and
(d) The original employer is not charging any amount from
the other household for the arrangement. The other household where the
Kasambahay is temporarily assigned is solidarily liable with the original
employer for any nonpayment of wages during such temporary assignment. The
temporary performance referred herein shall not exceed thirty (30) days per
assignment. It shall be unlawful for the
original employer to charge any amount from the said household where the
service of the Kasambahay was temporarily performed.
SECTION 12. Health and Safety. – The employer shall
safeguard the safety and health of the Kasambahay in accordance with the
standards which the DOLE shall develop through the Bureau of Working Conditions
(BWC) and the Occupational Safety and Health Center (OSHC) six (6) months after
the promulgation of this IRR. The said standards shall take into account the
peculiar nature of domestic work.
RULE VI
STANDARDS FOR EMPLOYMENT OF WORKING CHILDREN
SECTION 1. General Prohibition. – It shall be unlawful to
employ any person below fifteen (15) years of age as Kasambahay.
SECTION 2. Employment of Working Children. – Pursuant to
Republic Act No. 9231 (An Act Providing for the Elimination of the Worst Forms
of Child Labor and 12 Affording Stronger Protection for the Working Child,
Amending for this Purpose Republic Act No. 7610, As Amended, Otherwise known as
the “Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act”), working children shall not be subjected to the following:
(a) Work for more than eight (8) hours a day and beyond
forty (40) hours a week;
(b) Work between ten o’clock in the evening and six o’clock
in the morning of the following day; and
(c) Work which is hazardous or likely to be harmful to the
health, safety or morals of children, as defined under existing laws and
regulations.
SECTION 3. Benefits of Working Children. – Working children
shall be entitled to minimum wage, and all benefits provided under the Batas
Kasambahay, which include access to education and training.
SECTION 4. Programs for the Elimination of Worst Forms of
Child Labor in Domestic Work. – The DOLE, through the National Anti-Child Labor
Committee (NCLC) and in collaboration with the NCLC member-agencies, shall
continue to implement programs to withdraw, rescue, and rehabilitate working
children below fifteen (15) years of age. 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.
RULE VII
POST EMPLOYMENT
SECTION 1. Pre-Termination of Employment. – (a) 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.
(b) 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.
SECTION 2. 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:
(a) Verbal or emotional abuse of the Kasambahay by the
employer or any member of the household;
(b) Inhuman treatment including physical abuse of the
Kasambahay by the employer or any member of the household;
(c) Commission of a crime or offense against the Kasambahay
by the employer or any member of the household;
(d) Violation by the employer of the terms and conditions of
the employment contract and other standards set forth under this IRR;13
(e) Any disease prejudicial to the health of the Kasambahay,
the employer, or member/s of the household; and
(f) Other causes analogous to the foregoing. 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.
SECTION 3. 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:
(a) Misconduct or willful disobedience by the Kasambahay of
the lawful order of the employer in connection with the former’s work;
(b) Gross or habitual neglect or inefficiency by the
Kasambahay in the performance of duties;
(c) Fraud or willful breach of the trust reposed by the
employer on the Kasambahay;
(d) Commission of a crime or offense by the Kasambahay
against the person of the employer or any immediate member of the employer’s
family;
(e) Violation by the Kasambahay of the terms and conditions
of the employment contract and other standards set forth under this IRR;
(f) Any disease prejudicial to the health of the Kasambahay,
the employer, or member/s of the household; and
(g) Other causes analogous to the foregoing.
If the employer dismissed the Kasambahay for reasons other
than the above, he/she shall pay the Kasambahay earned compensation plus
indemnity in the amount equivalent to fifteen (15) days work.
SECTION 4. Invalid Ground for Termination. – Pregnancy and
Marriage of the Kasambahay are not considered valid grounds for termination of
employment.
SECTION 5. 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.
RULE VIII
TESDA SKILLS TRAINING, ASSESSMENT AND CERTIFICATION
SECTION 1. Training for local-hired Kasambahay. – To promote
the training of the Kasambahay, the Technical Education and Skills Development Authority
(TESDA) shall adjust the existing training regulations for issuance of National
Certificate (NCII) on housekeeping and customize them for local-hired Kasambahay
within six (6) months from the issuance of this IRR.
SECTION 2. Skills Training, Assessment and Certification. –
To ensure productivity and assure quality services, the DOLE, through the
Regional/Provincial 14 or District Offices of TESDA, shall facilitate access of
Kasambahay to efficient training, assessment and certification based on TESDA
Training Regulations for Household Services NC II.
The competencies to be
achieved for NC II consist of:
(a) cleaning living room, dining room, bedroom,
toilet, and kitchen;
(b) washing and ironing clothes, linen and fabric;
(c)
preparing hot and cold meals/food; and
(d) serving food and beverage.
TESDA
Training Regulations for other qualifications can be accessed at the Regional/Provincial
or District Offices.
SECTION 3. Requirements for Training. – Kasambahay intending
to be trained and certified for Household Services NC II must possess the
qualificationsspecified in the customized local-hired Kasambahay training regulation
of TESDA.
SECTION 4. Skills/Competency-Based Pay System. – The
National Wages and Productivity Commission (NWPC)/RTWPBs shall coordinate with
TESDA on the development of a skills/competency-based pay system in line with
the thrust to professionalize the Kasambahay. Wage advisories containing a
range of wage increases on top of the minimum wage shall be issued by the
RTWPBs taking into consideration the competency standards set by TESDA.
RULE IX
REGISTRATION SYSTEM FOR KASAMBAHAY
SECTION 1. Employer’s Reportorial Duties. – Every employer
shall register a Kasambahay under his/her employment in the barangay where
his/her residence is located. The Punong Barangay shall be responsible for the
Registry of Kasambahay within his/her jurisdiction.
SECTION 2. Start-up Registration. – The Punong Barangay,
together with SSS, Pag-IBIG and PhilHealth representatives, shall conduct a
common registration of all Kasambahay nationwide. The start-up registration
shall be held in a City or Municipal Hall or Plaza, organized by the City or
Municipal Mayor, during the celebration of Labor Day. The Department of
Interior and Local Government (DILG), through the National Barangay Operations
Office (NBOO), shall issue a circular prescribing the standard Registration
Form and Protocols as guide for registration, which may contain personal,
education, family, and work information. The DOLE-Regional Office shall ensure
facilities for one-stop registration for Kasambahay during job fairs.
SECTION 3. Continuous Registration. – The Punong Barangay
shall designate a Registration/Kasambahay Desk in the Barangay Hall to
accommodate continuous registration by the employers.
SECTION 4. Kasambahay Masterlist. – The Punong Barangay
shall maintain and update the Kasambahay Masterlist in the barangay. The
barangays through the Kasambahay Desks shall submit reports to the local
government units (LGUs), through the PESOs on data regarding registration of
the Kasambahay. The LGUs shall submit a monthly report to the DILG for
monitoring and data analysis. The report shall be made available to the DOLE
and other concerned government agencies.
SECTION 5. Disclosure of Information. – The processing of
personal information under this Rule shall be allowed, subject to compliance
with the requirements of Republic Act No. 10173 (Data Privacy Act of 2012) and
other laws allowing disclosure of information to the public and adherence to
the principles of transparency, legitimate purpose and proportionality.
RULE X
RESCUE AND REHABILITATION OF ABUSED KASAMBAHAY
SECTION 1. 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.
SECTION 2. Definition and Coverage of Abuse. – Abuse shall
refer to any act or a series of acts committed by an employer or any member of
his/her household against any Kasambahay which results in or is likely to
result in physical, sexual, psychological harm or economic abuse including
threats of such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty. 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. It includes, but is not limited to:
(1) Rape, sexual harassment, acts of lasciviousness,
treating the Kasambahay as a sex object, making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of the Kasambahay’s body,
forcing him/her to watch obscene publications and indecent shows or forcing
him/her to do indecent acts and/or make films thereof.
(2) Acts causing or attempting to cause the Kasambahay to
engage in any sexual activity including prostitution by force, threat of force,
physical or other harm or threat of physical or other harm or coercion.
(c) Psychological violence refers to acts or omissions
causing or likely to cause mental or emotional suffering to the Kasambahay such
as but not limited to intimidation, threats, harassment, stalking, damage to property,
public ridicule or humiliation and repeated verbal abuse;
(d) Economic abuse refers to the withholding of the
Kasambahay’s wage or a part of it or any act which induce the Kasambahay to
give up any part of the wage by force, stealth, intimidation, threat or by any
other unlawful means whatsoever;
(e) Any other act which limits the Kasambahay’s exercise of
his/her rights as provided for in the law.
SECTION 3. 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.
SECTION 4. Persons to Whom Report be Made. – Any act of
abuse committed against a Kasambahay may be reported to the following:
(a) Any official of the barangay where the abuse occurred;
(b) Any social worker from the LSWDO or the DSWD Field
Office;
(c) Any police officer from the Women and Children
Protection Desks; or
(d) Any officer of the PESO.
SECTION 5. Conduct of Rescue Operations. – Upon receipt of
any report of abuse, the 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. At all times, the
rescue team shall ensure the full protection of the rights of the abused
Kasambahay and the accused while under their custody and control.
No action or suit shall be brought, instituted or maintained
in any court or tribunal or before other authority against any: (a) social
worker; (b) law enforcement officer; or (c) person acting in compliance with a
lawful order from any of the above, for lawful acts done or statements made
during an authorized rescue operation, recovery or rehabilitation/intervention,
or an investigation or prosecution of an abused case involving a Kasambahay:
Provided, that such acts shall have been made in good faith.
SECTION 6. Role of Local Social Welfare and Development
Offices (LSWDOs) in the Rehabilitation of Abused Kasambahay. – The LSWDOs, in coordination
with concerned government units, shall make available the following services
for abused Kasambahay:
(a) Temporary shelter;
(b) Counselling;
(c) Free Legal Services;
(d) Medical or Psychological Services;
(e) Livelihood and Skills Training; and
(f) Other relevant services as necessary.
In the event that the above-mentioned services are not
available at the local level, the LSWDOs may seek the assistance from the DSWD
to provide such services to the abused Kasambahay.
At all times, the LSWDOs and DSWD shall adopt a gender
responsive, rights based and culture-sensitive approach to service delivery to
facilitate the recovery, rehabilitation and reintegration of the Kasambahay in
mainstream society. The LSWDOs shall also ensure that the necessary after-care
services are made available at least for the next six (6) months for the
reintegrated Kasambahay.
RULE XI
SETTLEMENT/DISPOSITION OF LABOR RELATED-DISPUTES
SECTION 1. Mechanism for Settlement of Disputes. – (a) All
labor-related disputes shall be filed before the DOLE Field/Provincial/Regional
Office having jurisdiction over the workplace. Such disputes shall go through
the thirty-day (30) mandatory conciliation-mediation to exhaust all efforts for
settlement.
SECTION 2. Appeal. – Issues unresolved through settlement
shall be referred to the proper DOLE Regional Office for decisions. The same
shall be appealable to the Office of the Secretary of DOLE, whose decision
shall be final and executory.
SECTION 3. Other Cases. – Ordinary crimes or offenses
committed by either party under the Revised Penal Code and other special penal
laws shall be filed with the appropriate courts.
RULE XII
UNLAWFUL ACTS AND PENALTIES
SECTION 1. Unlawful Acts. – The following acts are declared
unlawful:
(a) Employment of Children below 15 years of age (Section
16, Batas Kasambahay);
(b) Withholding of Wages of the Kasambahay (Section 28,
Batas Kasambahay);
(c) Interference in the Disposal of the wages of the
Kasambahay (Section 27, Batas Kasambahay);
(d) Requiring deposits for loss or damage (Section 14, Batas
Kasambahay);
(e) Placing the Kasambahay under Debt Bondage (Section 15,
Batas Kasambahay); and
(f) Charging another household for temporarily performed
tasks (Section 23, Batas Kasambahay).
SECTION 2. Administrative Penalties. – Commission of any of
the foregoing acts shall be punishable with a fine of not less than Ten
Thousand Pesos (Php10,000.00) but not more than Forty Thousand Pesos
(Php40,000.00), to wit:
Php10,000.00 - 1st offense
Php20,000.00 - 2nd offense
Php30,000.00 - 3rd offense
Php40,000.00 - 4th and succeeding offenses and for
violation/s committed against working children.
The penalties herein shall be without prejudice to the
filing of the appropriate civil and/ or criminal action by the aggrieved party.
SECTION 3. Penal Sanction for Offenses against Working
Children. – Any employer who has been sentenced by a court of law of any
offense against a working child under the Batas Kasambahay shall be meted out
with a penalty one degree higher and shall be prohibited from hiring a working
child.
RULE XIII
SPECIAL PROVISIONS
SECTION 1. Information Dissemination and Training Program. –
Immediately after the enactment of this IRR, the DOLE, in coordination with the
DILG, DSWD, SSS, ECC, PhilHealth and Pag-IBIG and other stakeholders, shall develop
and implement a continuous information dissemination program on the provisions
of this IRR, particularly to build the capacities of local government units and
officers assigned to the Kasambahay Desks in fulfilling their mandate. The
employers, Kasambahay association or organization, civil society groups and
labor organizations shall be tapped in the dissemination of information on the provisions
of this IRR.
SECTION 2. “Araw Ng Mga Kasambahay”. – Every 18th day of
January shall be designated as “Araw ng mga Kasambahay”.
RULE XIV
MISCELLANEOUS PROVISIONS
SECTION 1. Transitory Provision. – All existing arrangements
between a Kasambahay and the employer shall be adjusted to conform to the
minimum standards set by this IRR.
SECTION 2. Non-Diminution of Benefits. – Nothing in this IRR
shall be construed to cause the diminution or substitution of any benefits and
privileges currently enjoyed by the Kasambahay hired directly or through an
agency.
SECTION 3. Oversight Function of the National Tripartite
Industrial Peace Council (NTIPC). – The NTIPC created under Executive Order No.
49, 19 Series of 1988, as amended, shall serve as the oversight committee to
verify and monitor the implementation and enforcement of the provisions of this
IRR.
RULE XV
FINAL PROVISIONS
SECTION 1. Separability Clause. – If any part or provisions
of this IRR declared to be invalid or unconstitutional, the other parts or
provisions not affected shall remain in full force and effect.
SECTION 2. Repealing Clause. – All laws, decrees, executive
orders, issuances, rules and regulations or parts thereof inconsistent with the
provisions of this IRR are hereby repealed or modified accordingly.
SECTION 3. Effectivity Clause. – This IRR shall take effect
fifteen (15) days after its complete publication in two (2) national newspapers
of general circulation.
Manila, Philippines, 9 May, 2013.
ROSALINDA DIMAPILIS-BALDOZ MAR A. ROXAS
Secretary Secretary
Department of Labor and Employment Department of Interior
and Local Government
CORAZON “Dinky” JULIANO-SOLIMAN ALAN LM PURISIMA
Secretary Police Director General
Department of Social Welfare and Development Philippine
National Police
EMILIO S. DE QUIROS, JR. ENRIQUE T. ONA
President and Chief Executive Officer OIC – President and
CEO
Social Security System PhilHealth
DARLENE MARIE B. BERBERABE
President and CEO
Pag-IBIG Fund
Source: www.ilo.org/