KASAMBAHAY BILL PDF

The Kasambahay Law provides protection for maids and guidelines for humane treatement by employers. One labor group dismissed the raise, saying kasambahay should enjoy a minimum of P5, at least. The officers cited steady increases in basic commodity prices to justify their demand. After all, the law protecting kasambahay took effect way back in

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By explicit provision of the Act, it came into full force and effect 15 days after its complete publication in the Official Gazette. Its implementing rules and regulations IRR were promulgated on May 9. RA is highly significant because it underscores the need to afford special protection to domestic workers or kasambahay, the sector of workers, which in turn, affords household employers who are workers themselves the opportunity to focus on work elsewhere for their livelihood.

The need for full protection is more pronounced when the concerned worker renders services in the household wherein practically no monitoring by concerned government agencies can be done because the work of the kasambahay is hidden from view. While considering the pertinent provisions in the Civil Code and the Labor Code, RA grants additional significant rights and benefits to the kasambahay. These are the 13th month pay, Pag-Ibig membership and additional pay for work beyond the agreed hours of work, not to mention the provisions which categorically declare as unlawful a number of prohibited acts.

Reports have it that the draft IRR of the Batas Kasambahay was posted online to help raise awareness and solicit inputs faster. Moreover, the labor secretary directed regional offices of the Department of. Whether or not such public consultations suffice to widely disseminate the law and its IRR remains to be seen.

To provide the basic necessities of the kasambahay—at least three adequate meals a day and humane sleeping arrangements that ensure safety;. To provide appropriate rest and assistance in case of illness and injuries sustained during the service without loss of benefits.

To respect the privacy of the kasambahay—extends to all forms of communication and personal effects;. To grant the kasambahay access to outside communication during free time, or even during work time in case of an emergency;. To afford the kasambahay the opportunity to finish basic education and to allow access to higher education or training;. To register all the kasambahay in the Registry of Domestic Workers in the barangay where the employer resides;. Moreover, Rule IX, Sec.

Yes, Sec. This means that the employer has to register both himself and the kasambahay in these three agencies. Employer registration with Pag-Ibig is systematic and does not take long. The kasambahay can even register online.

SSS registration can, however, entail almost one whole day. In my case, I left the house at a. Upon arriving at the SSS main office on East Avenue in Quezon City, I was almost discouraged to go through the long queues, not to mention that while the guidelines specified two copies for certain forms, the SSS staff required me to accomplish a third copy of the same.

I was done by 2 p. Note that I got the forms and accomplished the same a day earlier. Also, note that registration with the SSS, PhilHealth and Pag-Ibig can be facilitated by downloading the forms online and accomplishing the same before going for the queue.

There is no deadline for registration. Even before the execution of the employment contract, the employer may require the kasambahay to submit, the following:. For kasambahay employed for at least one year, are employers required to pay the premiums for or contributions to the SSS, PhilHealth and Pag-Ibig retroactively? As regards the SSS and PhilHealth, the pertinent laws required registration as early as and , respectively. Unless Congress will act to amend such existing laws, retroactive application of RA cannot be avoided.

As regards Pag-Ibig registration, the requirement was introduced in RA Thus, there should be no dispute that it should be applied only prospectively. The same is without prejudice to the filing of an appropriate civil or criminal action by the aggrieved party. For instance, under the Revised Social Security Law RA of , failure or refusal to comply with the provisions of the law shall be punished by a fine of not less than P5, and not more than P20, or imprisonment of not less than 6 years and 1 day, and not more than 12 years, or both, at the discretion of the court.

Strengths In time, especially so when the unified registration system and the barangay kasambahay master list are completed within six months from the IRR issuance, the government should be able to fully comply with its duty to protect the rights and promote the welfare of this very disadvantaged sector of household workers.

At present the processes that the employer must undergo to register are so tedious. Unless the employer has online access and is IT savvy, he would have to spend a lot of precious time queuing just to secure the prescribed forms.

They may resort to the exceptions provided for in the law. For instance, children under foster family arrangement may be initially enrolled, only to be forced to drop out of school after sometime. The huge number of employers and kasambahay in our country will entail not only huge costs for the government but also difficulty in monitoring employer compliance. Congress must, however, look for guidance from whatever experiences may be drawn from the implementation of the law within the next year.

For instance, while Sec. In simple words, household employers are now so obliged to pay overtime compensation with no clear basis. In this regard, one may suggest the application of the pertinent provision of the Civil Code which, under Sec.

In Art. The implication, therefore, is that 10 hours is the normal hours of work per day. Service beyond 10 hours should be considered overtime which warrants the payment of additional compensation. But surely, it is not the intention of the law to make life so hard and burdensome to the kasambahay. Too long a time spent for work is not only counterproductive.

With not enough reasonable compensation, it subjects the kasambahay to discrimination, exploitation and abuse. Such cannot be countenanced in this jurisdiction which proscribes any form of discrimination, exploitation and abuse. Finally, the most controversial issue that bugs a huge number of household employers is the retroactive application of SSS registration. RA Aug. With the substantial amount of contributions that will have to be paid when complying with registration requirements, most employers belonging to the low-income group would rather leave their employment and send home their kasambahay.

They simply do not have the funds to comply with retroactive premium payments. It is up to Congress to address this nagging issue. Patricia R. Call We use cookies to ensure you get the best experience on our website. By continuing, you are agreeing to our use of cookies. To find out more, please click this link. Latest Opinion. By: Patricia R. Salvador Daway - inquirerdotnet. Illustration by Steph Bravo. China Telecom as the third telco.

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Questions about kasambahay law

By explicit provision of the Act, it came into full force and effect 15 days after its complete publication in the Official Gazette. Its implementing rules and regulations IRR were promulgated on May 9. RA is highly significant because it underscores the need to afford special protection to domestic workers or kasambahay, the sector of workers, which in turn, affords household employers who are workers themselves the opportunity to focus on work elsewhere for their livelihood. The need for full protection is more pronounced when the concerned worker renders services in the household wherein practically no monitoring by concerned government agencies can be done because the work of the kasambahay is hidden from view. While considering the pertinent provisions in the Civil Code and the Labor Code, RA grants additional significant rights and benefits to the kasambahay. These are the 13th month pay, Pag-Ibig membership and additional pay for work beyond the agreed hours of work, not to mention the provisions which categorically declare as unlawful a number of prohibited acts. Reports have it that the draft IRR of the Batas Kasambahay was posted online to help raise awareness and solicit inputs faster.

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Leaves, Benefits, And More: What Kasambahays Are Entitled To According To The Law

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve. Short Title. Declaration of Policies. Definition of Terms. Advances or loans by the domestic worker are not included in the definition of deployment expenses. The term shall not include children who are under foster family arrangement, and are provided access to education and given an allowance incidental to education, i.

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