Many people living in the Philippines hire domestic workers or helpers.
Notes: It's quite complicated especially you are not familiar with Labor Code or Government mandatory benefits. I think, you'd better use PEA service.
Republic Act No. 10361 is an Act Instituting Policies for
the Protection and Welfare of Domestic Workers, otherwise known as ‘Domestic
Workers Act’ or ‘Batas Kasambahay'.
Coverage
It shall apply to all parties to an employment contract for the services of the helpers, whether on live-in or live-out arrangement.
1. General househelp;
2. Yaya (babysitter);
3. Cook;
4. Gardener;
5. Laundry person;
6. Any person who regularly performs domestic work in one household on an occupational basis.
Notes: The following are not covered:
1. Service providers;
2. Family drivers;
3. Children under foster family arrangement;
4. Any other person who performs work occasionally or sporadically and not on an occupational basis.
Mode of Hiring
House helpers can be hired directly or through DOLE accredited private employment agency (PEA).
Notes: In no case, finder's fee or recruitment fee shall be charged to the helper. The employer shall shoulder the direct cost deploying the helper to the workplace. It can be charged if the helper leave without justifiable reason within 6 months.Other costs like pre-employment requirement preparation expenses will be shouldered by the employer or PEA.
Notes: There should be employment contract, which includes job description, period, compensation, rest days, leaves, board, authorized deductions, termination, etc. If the helper is under 18 years old, it will be signed by her parent or guardian.
Notes: Helpers will not be assigned to non-household work but the duty can be extended for the benefit of another household under the conditions:
1. temporarily in nature (maximum 30 days);
2. mutually agreed;
3. it should be paid;
4. the original employer is not charging any amount for that arrangement.
Notes: It's illegal hiring children below 15 years old, withholding wages, requiring deposits.
Notes: Every employer should register the helper to the Barangay.
Rights of the house helper
1. Minimum wage
2. Mandatory benefits (daily and weekly rest periods, SIL, 13th month pay, SSS, PhilHealth, HDMF)
3. Standard of treatment
4. Board, lodging and medical attendance (humane sleeping condition, first-aid medicines))
5. Right of privacy
6. Access to education and training
7. Right to terminate the contract under some situation
8. Right to exercise their own religious beliefs and cultural practices
Notes: Daily rest period should be at least 8 hours. Weekly rest period should be 24 consecutive hours weekly. (one day per week)
Notes: SIL is 5 days after 1 year service. Unused SIL shall not be cumulative or carried over to the succeeding years. And it's not converted to cash.
Notes: There are several other laws prohibiting abuse, violation, harassment, discrimination, etc.
Rights of Employer
1. To require submission of pre-employment documents
2. To recover deployment expenses
3. To demand replacement (PEA)
4. To terminate employment
Monthly Minimum Wage
1. National Capital Region (NCR) : PhP2,500
2. Cities and first-class municipalities: PhP2,000
3. Others : PhP1,500
Notes: It should be paid in cash at least once a month. Employer should release a payslip every pay day which containing salary, deduction.
Deduction for Damage
Deduction for Damage shall be made under the following conditions:
1. The helper is clearly responsible for the damage
2. The helper is given reasonable opportunity to show cause why deduction should not be made
3. Total amount of such deduction is fair and reasonable
4. Each deduction should not exceed 20% of the monthly salary.
Government Benefits
After one (1) month service, they should be covered by the benefits. It’s the employer’s liabilities to register/deduct/remit the amount.
If the wage is P 5,000 or higher, the employee also share her/his premium/contribution.
SSS:
If the wage is less than P 5,000, the employer will shoulder employee’s share also.
Employee will shoulder 3.03%, Employer(7.07%)
Pag-IBIG :
P1,000~P1500
: employee 1%, employer 2%
Higher
than P1,500 : 2% for both parties.
Higher
than P5,000 : P100 each
PhilHealth :
Below
P7,000 : P85 each
Over
P7,000 : P100 each
Termination
If the employment period expires the contract will be terminated with proper notice.
If there is no period stipulated, the employer give notice to end the employment relationship five(5)
days before the intended termination.
Termination by helper
1. Verbal or emotional abuse
2. Inhuman treatment
3. Commission of a crime of offense against the helper
4. Violation
5. Any disease prejudicial to the health of the helper, employer or member
Notes: If the helper leave without cause, maximum 15 days wage can be forfeited.
Termination by employer
1. Misconduct or willful disobedience of the lawful order in connection with the work.
2. Gross or habitual neglect or inefficiency
3. Fraud or willful breach of the trust
4. Commission of a crime or offence against the employer and members
5. Any disease prejudicial to the health of the helper, employer or member
In
case of unjustly dismissed, the employer should pay:
1. outright payment of earned wage;
2. wage equivalent to fifteen (15) days work
Notes: Pregnancy and Marriage is not a valid grounds for termination.
Notes: It is prohibited to disclose information pertaining to the employer or members or the household by the helper.
Notes: It looks like there is no "reinstatement" provision in this law.
Penalties
1. 1st offense : Php10,000
2. 2nd offense: Php20,000
3. 3rd offense: Php30,000
4. 4th offense: Php40,000 and succeeding offenses and for violation committed against working children.