Question & AnswerQ&A (Republic Act No. 9851)
Republic Act No. 10361 is officially known as the "Domestic Workers Act" or "Batas Kasambahay."
The Act applies to all domestic workers employed and working within the Philippines, excluding those performing domestic work occasionally or sporadically and children under foster family arrangements receiving education and allowances incidental to education.
Debt bondage refers to rendering service by the domestic worker as security or payment for a debt where the length and nature of service is indefinite or when the value of the service is not reasonably applied in payment of the debt, which is unlawful under this Act.
Employers or members of the household shall not subject domestic workers to abuse, physical violence, harassment, exploitation, withholding of wages, forcing them into debt bondage, or any act degrading their dignity.
The contract must detail duties, period of employment, compensation, authorized deductions, working hours, rest days, board and lodging, medical attention, deployment expenses, loan agreements, termination conditions, and any other lawful conditions agreed upon.
No, it is unlawful for private employment agencies or third parties to charge or share recruitment or finders' fees against domestic workers under this law.
It is unlawful to employ any person below the age of fifteen (15) years as a domestic worker.
Domestic workers are entitled to an aggregate daily rest period of eight (8) hours and at least twenty-four (24) consecutive hours of weekly rest.
The minimum wage is P2,500 per month in the National Capital Region, P2,000 in chartered cities and first-class municipalities, and P1,500 in other municipalities, subject to review by the Regional Tripartite and Productivity Wage Boards.
Violations are punishable with fines ranging from Ten thousand pesos (P10,000.00) to Forty thousand pesos (P40,000.00), without prejudice to civil or criminal actions filed by the aggrieved party.
Yes, domestic workers who have rendered at least one month of service must be covered by SSS, PhilHealth, and Pag-IBIG with employer contribution, except workers earning P5,000 or above share proportionately in premiums.
A domestic worker may terminate employment before contract expiration due to verbal or emotional abuse, physical abuse, commission of a crime against them by the employer or household, violation of contract terms by the employer, any disease prejudicial to health, or analogous causes.
PEAs must ensure no recruitment fees are charged to workers, make employment contracts available to DOLE, conduct orientation briefings, assist with complaints, cooperate in rescue operations, and are jointly liable with employers for wages and benefits.
If unjustly dismissed, the worker must be paid earned wages plus fifteen days indemnity. If the worker leaves without just cause, unpaid salary not exceeding 15 days is forfeited. Employers must also provide a certificate of employment on request within five days.
The employer must respect the domestic worker's privacy including communication and personal effects, except the worker is still obliged to render satisfactory service at all times.