Dear Atty. Maan,

I am considering hiring household assistance here in the Philippines to help with domestic tasks and childcare. However, I’m uncertain about the government benefits and regulations that apply to such employees. Kindly provide me with some insight into this matter.

Sean

Dear Sean,

Section 4(d) of RA 10361 or the “Domestic Worker’s Act”/ “Batas Kasambahay”, a domestic worker or kasambahay refers to any person engaged in domestic work within an employment relationship. Domestic or household service shall mean service in the employer’s home which is usually necessary or desirable for the maintenance and enjoyment thereof and includes ministering to the personal comfort and convenience of the members of the employer’s household.

Under the said law, the following are the rights of a domestic worker or kasambahay among others: Mandatory benefits, such as the daily and weekly Rest periods; 13th month pay; Freedom from employers’ interference in the disposal of wages; Coverage under the SSS, PhilHealth and Pag-IBIG laws; Standard of treatment; Board, lodging and medical attendance; Right to Privacy; Access to outside Communication; Access to Education and training;. Right to form, join, or assist labor Organization; 13. Right to be provided a copy of the employment Contract; Right to Certificate of employment; Right to Terminate the employment; and Right to exercise their own Religious beliefs and cultural practices.

Further, Labor Advisory No. 10-18 or “Entitlement of Kasambahay to Other Statutory Leave Benefits and Labor Standard Benefits” further strengthened the rights of household workers and their entitlement to work benefits and statutory leaves. Today, they can avail of the Solo Parent Leave (Republic Act 8972), Special Leave Benefit for Women under the Magna Carta for Women (Republic Act 9710), and Violence against Women and their Children (VAWC) Leave (Republic Act 9262) provided he/she meets all the conditions for entitlement. Aside from these leaves, kasambahays are still entitled for a five-day service incentive leave that is granted under the Labor Code.

Section 40 of the aforementioned law provides for the penalty in case of violation of the Kasambahay law, to wit:

Section 40. Penalty. — Any violation of the provisions of this Act declared unlawful shall be punishable with a fine of not less than Ten thousand pesos (P10,000) but not more than Forty thousand pesos (P40,000) without prejudice to the filing of appropriate civil or criminal action by the aggrieved party.

Hope this helps.

Mary Antonnette Baudi