Recently, Republic Act No. 10361 or otherwise known as the “Domestic
Workers Act” or “Batas Kasambahay” was passed. This law defines the basic
terms and conditions that must be afforded to the “house-helpers” or the
“kasambahay.”
Among the salient
provisions are: (1) the right of the “kasambahay” to have the opportunity to
finish basic education even while working as such. For this purpose, the law
requires the employer to adjust the work schedule of the domestic worker to
allow such access to education or training without hampering the services
required by the employer; (2) the execution of a written contract of employment
in a language known to the domestic worker wherein all the basic terms and
conditions of employment are to be embodied; (3) the prohibition against placing the domestic worker under
debt bondage; (4) the required provision for daily and weekly rest periods; (5)
non-assignment for non-household work unless the domestic worker is paid with
the applicable minimum wage for the extra work assigned to him/her; (5) payment
of minimum wage for domestic workers as may be determined from time to time [Initial
minimum wages: P 2,500/month in NCR; P 2,000/month in chartered cities and
first class municipalities; P 1,500 in all other municipalities]; (6)
entitlement of domestic workers to 13th month pay, leave
benefits, mandatory SSS, Pag-ibig, Philhealth coverage; (7) prohibition against
unjustified dismissal from employment; and (8) civil and criminal liabilities
of the employer for violations of the law.
The new law is a welcome
development for the lowly and marginalized household workers. There are also
provisions that actually protect the legitimate interests of the employers. So,
employers should not take the law against them. (Read the full text of Republic Act No, 10361 here!)
There’s another reason, I feel, for the depth of involvement these Domestic Helpers express. They are respected by the directors.
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