Understanding Kasambahay Rights and Privileges

Author: Atty. Angeli Andan

OVERVIEW

Under Republic Act No. 10361, the State strongly affirms labor as a primary social force and is committed to respect, promote, protect and realize the fundamental principles and rights at work. 

One of the important sectors of workers in the Philippines is the domestic workers. Domestic workers or “Kasambahays” have been very vital in every household, making sure that every working parent is at ease. The Congress, in enacting Republic Act No. 10361 or the “Batas Kasambahay”, recognizes the special needs of a kasambahay to ensure safe and healthful working conditions.

RIGHTS AND PRIVILEGES OF A KASAMBAHAY

The following are the rights and privileges of a kasambahay:

1. Standard of Treatment – The domestic worker must not be subjected to any kind of abuse nor inflict any form of physical violence or harassment or any act tending to degrade the dignity of a domestic worker. (Section 6, R.A. No. 10361)
2. Board, Lodging and Medical Attendance. – The domestic worker must be provided with basic necessities, including at least three (3) adequate meals a day and humane sleeping arrangements that ensure safety. As to medical attendance,  the domestic worker must be provided with appropriate rest and assistance in case of illnesses and injuries sustained during service without loss of benefits. (Section 7, R.A. No. 10361)
3. Guarantee of Privacy – Respect for the privacy of the domestic worker shall be guaranteed at all times and shall extend to all forms of communication and personal effects (Section 8, R.A. No. 10361)
4. Access to Outside Communication – The domestic worker shall be granted access to outside communication during free time unless there is an emergency, in which case access to communication shall be granted even during work time. (Section 9, R.A. No. 10361)
5. Right to Education and Training – The domestic worker must be afforded the opportunity to finish basic education and may allow access to alternative learning systems and, as far as practicable, higher education or technical and vocational training. (Section 10, R.A. No. 10361)
6. Rest Periods – The domestic worker is entitled to  an aggregate daily rest period of eight (8) hours per day, and at least twenty-four (24) consecutive hours of rest in a week. (Section 20 and 21, R.A. No. 10361)
7. Minimum Wage – The minimum wage of domestic workers shall not be less than the following:
   1. Php 2,500 a month for those employed in the National Capital Region (NCR);
   2. Php 2,000 a month for those employed in chartered cities and first class municipalities; and
   3. Php 1, 500 a month for those employed in other municipalities. (Section 24, R.A. No. 10361)
8. Thirteenth Month Pay – The domestic worker is entitled to a thirteenth month pay as provided for by law. (Section 25(2), R.A. No. 10361)
9. Leave Benefits – A domestic worker who has rendered at least one (1) year of service shall be entitled to an annual service incentive leave of five (5) days with pay. (Section 29, R.A. No. 10361)
10. Social and Other Benefits – A domestic worker who has rendered at least one (1) month of service shall be covered by the Social Security System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home Development Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in accordance with the pertinent provisions provided by law. The domestic worker shall be entitled to all other benefits under existing laws. (Section 30, R.A. No. 10361)

DISPUTE SETTLEMENT

As provided in the law, all labor-related disputes shall be elevated to the DOLE Regional Office having jurisdiction over the workplace without prejudice to the filing of a civil or criminal action in appropriate cases. Ordinary crimes or offenses committed under the Revised Penal Code and other special penal laws by either party shall be filed with the regular courts. 

Nonetheless, it is recommended that these disputes be submitted first to the barangay for barangay conciliation. 

SUMMARY

Both the employer and the domestic worker must know by heart the rights and privileges of a domestic worker. This ensures that domestic workers get the best out of their experience in working in a household. After all, domestic workers deserve more than just fair and equal treatment. 

Know your rights further as a domestic worker with Bais Andan Law Offices. Reach out to us today via email at info@baisandanlaw.com or by phone at +63915 968 2503 or (045) 281 0164.