It is important to note that a Kasambahay is always a worker. In the eyes of the law, she deserves the same, if not more favourable, treatment than other employees. A Kasambahay must be free from abuse, physical violence or harassment by his employer or a member of the household. The employer must also provide the essentials such as food and an appropriate lifestyle. As the survey conducted by doLE-PSA points out, only 41% of Kasambahay Batas know Kasambahay, indicating little knowledge of their rights and benefits. Of course, it is not enough that such rules and regulations exist, they must also be applied and implemented effectively. Raising awareness of Batas Kasambahay and other related rules and regulations is the first step in improving policy and program development and strengthening compliance with the law. The law prohibits employers from deducting from the Kasambahay`s salary referral fees paid to an agency. The law states that a Kasambahay is entitled to “at least three reasonable meals a day”, human sleep arrangements, the 13th month of salary, a daily rest period of eight hours at a time, one day off per week, social security and health benefits and Pag IBIG.
Labour Minister Silvestre Bello III summed it up well when he said that families employ Kasambahay because they can afford it. Kasambahay is treated with respect by the employer or a member of the household. He must not be subjected to any type of abuse, including repeated verbal or psychological harassment, or any form of physical violence or harassment, or any act tending to degrade his dignity. The Kasambahay should have the opportunity to complete basic education, which includes primary and secondary education. It may be granted access to alternative learning systems and, as far as possible, to higher education or vocational technical training. The employer adapts the Kasambahay`s work schedule to give him access to education or training without hindering the services required by the employer. In a recent survey conducted by the Department of Labor and Employment (DOLE) and the Philippine Bureau of Statistics (PSA), about 1.4 million Filipinos work as domestic workers, or “kasambahay.” They make up about 3.2% of the workforce in the Philippines (as of October 2020). The Kasambahay is often considered an essential member in many households across the country. But despite their important role, their benefits are often ignored under the law.
A group of workers rejected the increase, saying Kasambahay should receive at least 5,000 pesos. The employer can also provide basic training in Kasambahay and provide access to higher education. The same ministerial order instructs THE PEAs to assist Kasambahay in filing their complaints or complaints against employers and to cooperate with government agencies in rescue operations where kasambahay is abused or exploited. The employer must provide for the basic needs of the Kasambahay, including the following: An employer may agree to provide the Kasambahay with loan support in an amount that does not exceed the equivalent of his six-month salary. In the case of loans / debts, it may be agreed to deduct an amount from the Salary of the Kasambahay, which may not exceed 20% of his month. The law defines a Kasambahay or domestic worker as follows: The Regional Tripartite and Productivity Wage Councils (RTPWB) set the minimum wage for a Kasambahay. The special law initially set the minimum wage at two thousand five hundred pesos (2,500.00 pesos) per month for people employed in the National Capital Region (NCR); Two thousand pesos (2,000.00 pesos) per month for those working in chartered cities and world-class communities; and one thousand five hundred pesos (1,500.00 pesos) per month for those working in other communities. Since then, RTPWBs have made adjustments to these initial amounts.
The Kasambahay may terminate the contract at any time for the following reasons: (a) At least three reasonable meals a day, taking into account the religious beliefs and cultural practices of the Kasambahay; Before hiring a Kasambahay, an employer may require a candidate to provide at least the following standard documents: Payments of bonuses or mandatory contributions are the responsibility of the employer. However, if the Kasambahay receives a monthly wage rate of 5,000 pesos and more, the Kasambahay pays the proportionate share of the premium payments or contributions as required by law. Domestic workers or “Kasambahays” play an important role in every household. Their services and dedication have brought invaluable comfort and ease, especially to working parents and their children. Many Filipino households actually treat a Kasambahay as a family member. Kasambahay`s privacy, including communications and personal belongings, must be respected at all times. A Kasambahay who has completed at least one year of service is entitled to an annual leave of encouragement to serve of at least five days with payment. However, an unused part of the annual leave may not be carried over to subsequent years and may not be converted into cash.
An employer cannot deduct cash equivalent for damage to household appliances from a Kasambahay`s salary. The employer cannot withhold food, payments or other basic necessities as punishment or even monitor personal calls after work. The Kasambahay should have access to communication from the outside in his free time. In the event of an emergency, access to communication must also be granted during working hours. Every employer has many qualities that they look for in a Kasambahay. The employer pays the contributions and premiums. However, the Kasambahay pays a pro rata share if he receives a monthly salary of at least five thousand pesos (5,000.00 pesos). However, in accordance with the implementing provisions of the law, service providers, family drivers and children are not covered as Kasambahay or domestic workers in foster care. This special law hopes to take into account the specific needs and concerns of Kasambahays as an important sector of workers. .