Legal basis and purpose
- The Guidelines are issued pursuant to the Pag-IBIG Fund Board of Trustees approval and are aligned with R.A. No. 10361 (Domestic Workers Act).
- The Guidelines promote the rights of Kasambahays through mandatory coverage under R.A. 10361.
- The Guidelines provide policies for membership registration of the Kasambahay and the employer.
- The Guidelines set policies on remittance of the Mandatory Savings by the employer.
- The Guidelines align policies with R.A. No. 9679 (Home Development Mutual Fund Law of 2009) and its Implementing Rules and Regulations.
Key definitions used
- A Kasambahay or Domestic Worker is a person who works within the employer’s household, whether under a live-in or live-out arrangement.
- An Employer is any person who engages and controls the services of the Kasambahay and is a party to the employment contract.
- A Live-out Arrangement is an arrangement where the Kasambahay works within the employer’s household but does not reside therein.
Mandatory and voluntary membership coverage
- Membership with the Fund is mandatory for Kasambahays who fall under these household domestic work categories:
- General Household Helper.
- Yaya (Nanny).
- Cook.
- Gardener.
- Laundry Person.
- Any person who regularly performs domestic work in one household on an occupational basis under a live-out arrangement.
- Persons excluded from Batas Kasambahay may still register under voluntary coverage, including:
- Service Providers.
- Family Drivers.
- Any other person who performs work occasionally or sporadically and not on an occupational or regular basis.
Eligibility, registration process, and forms
- A Kasambahay is eligible for membership registration after rendering at least one (1) month of service to the employer.
- The Kasambahay must register online through the Kasambahay Unified Registration System (Kasambahay URS) and accomplish the computerized Unified Registration Form for Kasambahays.
- The employer must also register online through the Kasambahay URS and accomplish the computerized Unified Registration Form for Employers.
- The employer must likewise accomplish the computerized Household Employment Unified Report Form.
- If the online Kasambahay URS is unavailable, both the Kasambahay and employer must accomplish the Unified Registration Form in hard copy.
- In the non-availability scenario, the employer must also accomplish the Household Employment Unified Report Form in hard copy, and both forms must be submitted to the nearest Pag-IBIG Fund branch.
- Employers who registered Kasambahays with SSS or PhilHealth through the Kasambahay URS are already considered registered with the Fund.
- The remittance of corresponding contributions for SSS or PhilHealth must follow their respective policies.
Monthly Mandatory Savings—rates, sharing, computation
- The employer must remit the first monthly Mandatory Savings immediately after both the employer and Kasambahay membership registration with the Fund.
- For a Kasambahay whose monthly compensation is less than Five Thousand Pesos (P5,000.00), the Monthly Mandatory Savings (MS) is based on these rates and is for the account of the employer:
- P1,500 and below: 3%
- Over P1,500 to P4,999: 4%
- If the Kasambahay’s gross monthly compensation is at least Five Thousand Pesos (P5,000.00), the Kasambahay and employer must pay their corresponding proportionate share in the MS.
- The maximum monthly compensation used to compute both the Kasambahay and employer share is not more than P5,000.00.
- For compensation P5,000 and above, the MS rate sharing is:
- MS rate shouldered by Kasambahay: 2.0%
- MS rate shouldered by Employer: 2.0%
Remittance deadlines and employer reporting duties
- Monthly mandatory savings must be remitted by the employer to the nearest Pag-IBIG Fund Office or other Pag-IBIG Fund Accredited Payment Facilities.
- Remittance is due on or before the 10th day of every month starting from the date of membership registration.
- The employer must inform Pag-IBIG Fund of incidences that may affect the Kasambahay’s membership, including:
- Leave without pay
- Resignation
- Involuntary separation from employment
- Death
Penalties for late remittance
- A penalty of 1/10 of 1% of the amount due per day of delay is charged to the employer for late remittances of monthly Mandatory Savings.
- If the employer fails to pay the amount due within the month, the penalty is charged reckoned from the first day immediately following the date of full settlement.
Penalty waivers and transitional rules
- No penalty is charged to the employer if the employer registers the Kasambahay with Pag-IBIG Fund on or before 27 December 2013.
- The penalty waiver is conditioned on remitting the corresponding monthly Mandatory Savings due:
- Reckoned from the first month after the date of employment of the Kasambahay, or
- 04 June 2013,
- whichever comes later.
- If the employer registers the Kasambahay after 27 December 2013, the employer is charged the corresponding penalties on the amount due.
- Penalties for post-27 December 2013 registrations are reckoned from the first month after the date of employment of the Kasambahay, or 04 June 2013, whichever comes later, up to the actual date of settlement.
Interpretation escalation, amendments, and governance
- Any issue on interpretation and implementation of the Guidelines must be resolved by Department Manager III.
- Issues may be escalated to the next higher level of authority.
- The Management may amend, modify, revise, and/or update the Guidelines as needed, provided the changes further the objectives of the Program and are consistent with Pag-IBIG Fund’s mandate under its charter and existing laws.