Dear Atty. Kathy,

I am a household helper currently working in Metro Manila and have been employed by my employer for almost a year. Now that it is the month of December, I was surprised to learn that I will not be receiving any 13th-month pay. My employer claims that household helpers are not entitled to it. Is this correct, Atty.?

Judith

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Dear Judith,

Republic Act 10361, otherwise known as the “Domestic Workers Act” or “Batas Kasambahay,” was enacted in 2013 to promote the welfare and protect the rights of domestic workers or “kasambahays” in the Philippines. This legislation sets forth the minimum labor standards for domestic workers, including wages, benefits, and working conditions. Section 1, Rule IV, of the IRR RA 10361 or the Batas Kasambahay provides:

SECTION 1. Rights and Privileges of Kasambahay. — The rights and privileges of the kasambahay, are as follows:

(a) Minimum wage;

(b) Other mandatory benefits, such as the daily and weekly rest periods, service incentive leave, and 13th month pay;

(c) Freedom from employers’ interference in the disposal of wages;

(d) Coverage under the SSS, PhilHealth and Pag-IBIG laws;

(e) Standard of treatment;

(f) Board, lodging and medical attendance;

(g) Right to privacy;

(h)Access to outside communication;

(i) Access to education and training;

(j) Right to form, join, or assist labor organization;

(k) Right to be provided a copy of the employment contract as required in Section 7, Rule II;

(l) Right to certificate of employment as required in Section 5, Rule VII;

(m)Right to terminate the employment as provided in Section 2, Rule VII; and

(n)Right to exercise their own religious beliefs and cultural practices.

Further Section 8 of the same law emphasized that a kasambahay who has rendered at least one month of service is entitled to a 13-month pay which shall not be less than one-twelfth of his/her total basic salary earned in a calendar year and such pay shall be paid not later than 24 December of every year.

According to the Kasambahay Law, domestic workers have the right to a 13th-month pay, five days of annual Service Incentive Leave, and various benefits like the Social Security System, Philippine Health Insurance Corporation, and Home Development Mutual Fund (Pag-IBIG), among others. It is essential to detail these entitlements in the employment contract, as a violation may lead to legal consequences for the employer.

Hope this helps.

Atty. Joji Alonso