Attention Employers of Kasambahay or Household Service Workers (HSWs)! Republic Act 10361, otherwise known as the Kasambahay Law, took effect last Tuesday, June 4, 2013. The new law entitles household service workers (HSWs) reasonable wages and benefits such as the following:
Social Security System (SSS) coverage.
The law mandates that household workers are entitled to receive at least P2,500 per month if they are employed within Metro Manila; P2,000 monthly salary in other cities and first-class municipalities; and P1,500 elsewhere in the Philippines.
HSWs includes the following:
laundry persons or labandera
Any other person who regularly performs domestic work in one household on an occupational basis
The following are not included:
Service providers (any person or entity that carries an independent business and undertakes to perform job, work or service on his/ her own for a household, according to his/ her own manner or method, and free from the control and direction of the employer in all matters in connection with the performance of the work except as to the results thereof)
Children under foster family arrangement
Any other person who performs work occasionally or sporadically and not on an occupational basis
Copies of the Kasambahay law implementing rules and regulations (IRR) can be obtained from Department of Labor and Employment (DOLE) regional offices and barangay LGU offices. Under the law, contracts between HSWs and their respective employers (see sample contract in the IRR) must be recorded with the office of the Punong Barangay of the place where the employer resides. That is why 3 copies of the employment contract must be signed. One for the employer, one for the Kasambahay and the third one is for the office of the Punong Barangay. Yes, my dear. You also have to register (in the Registry of Kasambahay) your Kasambahay in the barangay where your residence is located. To start the ball rolling, the Punong Barangay, together with SSS, Pag-IBIG and Philhealth representatives, will conduct a common registration of all Kasambahay nationwide. The start-up registration will be held in a City or Municipal Hall or Plaza, organized by the City or Municipal Mayor immediately upon promulgation of the IRR. Any violation of the Kasambahay Law provisions is punishable with a fine of not less than P10,000 but not more than P40,000 without prejudice to the filing of appropriate civil or criminal action by the aggrieved party.