Question & AnswerQ&A (Republic Act No. 10361)
Republic Act No. 10361 shall be known as the "Domestic Workers Act" or "Batas Kasambahaya."
All domestic workers employed and working within the Philippines are covered under this Act.
A domestic worker or kasambahaya refers to any person engaged in domestic work within an employment relationship such as general househelp, nursemaid, cook, gardener, or laundry person, excluding those who perform domestic work only occasionally and children under foster family arrangements.
It affirms labor as a primary social force, commits the State to respect workers' rights, establishes labor standards for domestic workers, and recognizes the need to protect domestic workers from abuse and ensure their welfare.
Employers must provide at least three adequate meals a day, humane sleeping arrangements ensuring safety, appropriate rest, and medical assistance in case of illness or injury without loss of benefits.
Grounds include misconduct or willful disobedience, gross neglect or inefficiency, fraud or breach of trust, commission of a crime against the employer or family, violation of contract terms, disease prejudicial to health, and analogous causes.
No recruitment or finder's fees shall be charged against the domestic worker by private employment agencies or third parties.
The minimum wages are: P2,500 per month in NCR, P2,000 in chartered cities and first-class municipalities, and P1,500 in other municipalities.
Employers or household members are prohibited from subjecting domestic workers to abuse, physical violence, harassment, or acts degrading their dignity.
Domestic workers who have rendered at least one month of service are entitled to coverage under SSS, PhilHealth, and Pag-IBIG with employer contributions, and other benefits under existing laws.
Violations are punishable by a fine ranging from P10,000 to P40,000, without prejudice to filing appropriate civil or criminal actions by the aggrieved party.
They shall be immediately rescued by a municipal or city social welfare officer or DSWD officer in coordination with barangay officials; DSWD and DILG shall develop standard procedures for rescue, rehabilitation, and possible job placement.
It must include duties and responsibilities, period of employment, compensation, authorized deductions, work hours, rest days, board and lodging, deployment expenses, loan agreements, termination conditions, and other lawful conditions agreed upon.
Employers are prohibited from requiring domestic workers to make deposits to reimburse loss or damage to household tools, materials, or equipment.
PEAs must be licensed and regulated by DOLE; they must ensure no recruitment fees are charged to domestic workers, maintain contracts, provide orientation, assist in grievance complaints, and cooperate in rescue operations.