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.
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Majority of our households nowadays have a yaya , kasambahay , house help, etc. These people contribute a lot in our day-to-day work in the household, especially when it comes to taking care of our kids. With extra help in the house, we have more time to prepare the household, be more productive at work, or even have some extra time for ourselves.
While we enjoy the perks of having them at home, let us not forget that they have rights, privileges, and needs, too. Below is a summary of some of the pertinent parts of Republic Act No. Aside from the given standard of treatment, we must also provide our domestic helpers with three adequate meals a day, humane sleeping arrangements, and appropriate rest and assistance in case of illness or injuries sustained during service.
This is given in addition to the salary that they already receive. Domestic workers also have their right to privacy, and we must respect this, whether it comes in the form of communication or personal effects. In the case of an emergency, they should also be granted access to communication even while they are working.
If your helper uses your telephone or other communication facilities, then by law, they must pay the charges incurred while using the device s. However, you can also choose to waive the charges or let it slide, too. Make sure that your helpers know that according to the law, all communication and information related to you and the members of your household is strictly confidential, and should not be publicly disclosed during and after employment.
The government states that we should give our domestic helpers a total of eight hours of rest a day. All domestic workers, regardless of where they work, are also entitled to 13th month pay. Please note, that the minimum wage is likely to change over the years. Domestic workers should be paid in cash at least once a month, and we should pay them directly.
No deductions from the wages are allowed other than those mandated by law unless there is written consent from the domestic worker. All domestic workers who have rendered at least one year of service, should be entitled to five days off a year. These days off should be paid, and unused leaves should not be accumulated and used for the next year, nor are they convertible to cash. Note that premium contributions should be shouldered by the employer. If you choose to provide them with more benefits or other forms of compensation, you are welcome to do so.
Just make sure to inform and get consent from your helpers beforehand. Skip to content. Source: Philippines. Republic Act No. Metro Manila: Congress of the Philippines,
Batas Kasambahay – Law Governing Employers and Their Househelp or Domestic Workers
Yayas and kasambahays are valuable to the household — they take care of the children, prepare our daily meals, keep the household clean, and more. But while trustworthy helpers are treated like family members, there are also some who unfortunately suffer abuse from their employers. Here is an easy-to-understand guide on what both parties are entitled to under the law, according to the infographic created by the Department of Labor and Employment. The law does not cover family drivers, service providers, children in foster family arrangements, and any worker who performs domestic work only occasionally or sporadically and not on an occupational basis sideline. According to the law, individuals who are 15 years old and above are permitted to be employed as kasambahays.
Leaves, Benefits, And More: What Kasambahays Are Entitled To According To The Law
Delos Reyes is among the thousands of household employers caught by surprise by Republic Act No. According to a report by the Philippine Commission on Women, based on global figures, the number of domestic workers in the Philippines is estimated to be between , and 2. The Visayan Forum Foundation, a civil society organization that advocates for the rights of domestic workers, estimates that around 1 million of these household workers are children. Domestic work represents over 11 percent of female employment and more than 5. For all its good intentions, the kasambahay law of has drawn the ire of employers who ask why they are being charged for SSS contributions as far back as the s. In return for keeping his name out of her registration form, the lawyer shoulders her entire monthly SSS contribution. Because the kasambahay had come from a remote province where midwife delivery was more the norm, she has no birth certificate, one of the requirements for SSS membership.
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