Four months after the Kasambahay Bill was signed into law, its implementing rules and regulations (IRR) are finally set to be signed today thus paving the way for its full execution.
The Department of Labor and Employment (DOLE), headed by Secretary Rosalinda Baldoz, will lead the ceremonial signing of the Implementing Rules and Regulations (IRR) of the Republic Act 10361 or the Kasambahay Law at the Department of Education office in Pasig City at 4 PM.
With its aim to uplift the working conditions of household workers in the Philippines, the ‘Batas Kasambahay’ sets policies for the employment of all domestic workers be it maids, yayas, gardeners, cooks or laundry persons. These employees have long suffered being regarded as the lowest in the labor hierarchy, abused not only physically by some employers but having to deal with demeaning names such as atsay, katulong, utusan, chimay, alila and others that I cannot recall.
Now, the ‘Batas Kasambahay’ gives them the same protection, rights and benefits as other workers in the country.
Here are some of the more important provisions of the Kasambahay Law, aka 'Batas Kasambahay':
- Minimum Wage: The law now specifies the minimum monthly wage of P2,500 (for NCR) for all domestic workers which may be increased by the government as needed. P2,000 a month for those employed in chartered cities and first class municipalities, and P1,500.00 for those employed mother municipalities.
- 13th Month Pay is now mandatory.
- Medical Assistance: It is the employer’s duty to provide assistance to the domestic worker in case of illnesses and injuries sustained during service without loss of benefits.
- Pay Slips: All employers are now required to pay slips which should indicate the amount of salary and deductions made.
- Employment Contract: No more verbal agreements. An employment contract should be provided by the employer is a language or dialect understandable to both parties, after which such employment should be registered with the Barangay Office.
- Leave With Pay: After one year of employment, domestic workers are now entitled to five days service incentive leave with pay (SILP). Moreover, a weekly rest day of at least 24 hours is now mandatory.
- Daily Time Off: Kasambahays are to get, at least, 8 hours time off per day.
- Minimum Age Limit: Domestic workers must be at least 15 years of age. It is prohibited under the Batas Kasambahay to employ household help below 15 years old.
- Right to Education: Workers should be given the opportunity to continue their education, and employers must adjust schedules for these to be accommodated.
- SSS, Pag-Ibig, PhilHealth: Membership in these is mandatory and the amount should be shouldered by the employer for workers receiving less than P5,000 per month.
- Agency/Recruitment Fee: Fees incurred from hiring the kasambahay shall not be charged to the employee.
- Employment Certificate: Employees are required to issue a certificate of employment if the employee requests it.
“The purpose of the law is to not only protect substantial rights and provide better privileges, but also to prepare domestic workers to become more productive citizens of the land,” said Secretary Rosalinda Baldoz. Adobo Talk PH
Image Credit: ABS CBN
Image Credit: ABS CBN