Social Legislation Flashcards
What is RA 10361?
The Domestic Workers Act or Batas Kasambahay
What are Batas Kasambahay’s policies?
- Rights and principles in labor force, being a primary social force, shall be promoted and protected by the State
- The State adheres to internationally accepted working conditions
- The State recognizes the need to protect its workers from abuse or anything harmful to their physical and mental health
- The State promotes gender-sensitive measures in the formulation and implementation of the program
What is debt bondage?
Rendering of service by the domestic worker as security or payment for a debt where the length and nature of service is not clearly defined or when the value of the service is not reasonably applied in the payment of the debt.
What is deployment expenses?
Expenses that are directly used for the transfer of the domestic worker from place of origin to the place of work covering the cost of transportation.
Advances and loans excluded.
What is domestic work?
Work performed in or for a household/s.
What is a domestic worker or kasambahay?
Any person engaged in domestic work within an employment relationship such as, but not limited to, the following: general househelp, nursemaid or “yaya”, cook, gardener, or laundry person, but shall exclude any person who performs domestic work only occasionally or sporadically and not on an occupational basis.
Children who are under foster family arrangement excluded.
What is an employer?
Any person who engages and controls the services of a domestic worker and is party to the employment contract.
What is a household?
Immediate members of the family or the occupants of the house that are directly provided services by the domestic worker.
What is the Private Employment Agency or PEA?
It refers to any individual, legitimate partnership, corporation or entity licensed to engage in the recruitment and placement of domestic workers for local employment.
Who are working children?
Domestic workers who are 15 yrs old and above but below 18 years old.
Rights and Privileges of a Domestic Worker
- Kasambahay shall be free from any form of abuse
- Basic necessities shall be provided for the kasambahay (meals, sleep)
- Privacy
- Access to outside communication
- Right to education and training
- Kasambahay shall be prohibited from disclosing privileged information and shall be inadmissible in evidence except when the suit involves the employer or any member of the household in a crime against persons, property, personal liberty, and security, and chastity
What are included in the employment contract?
- Duties and responsibilities of the domestic worker
- Period of employment
- Compensation
- Authorized deductions
- Hours of work and proportionate additional payment
- Rest days and allowable leaves
- Board, lodging, and medical attention
- Agreements on deployment expenses, if any
- Loan agreement
- Termination of employment
- Any other lawful condition agreed upon by both parties
May the employer require a domestic worker to make deposits from which deductions shall be made for the reimbursement of loss or damage to tools, materials, furniture and equipment in the household.
No. This is unlawful.
Where shall domestic workers be registered?
They shall be registered by their employers in the Registry of Domestic Workers in the barangay where the employer’s residence is located. The Department of the Interior and Local Government shall, in coordination with the Department of Labor and Employment, formulate a registration system for this purpose.
Who is in charge of providing efficient training, assessment, and certification based on a duly promulgated training program to the domestic workers?
The DOLE, through the Technical Education and Skills Development Authority (TESDA)
How many hours of daily rest period is a domestic worker entitled to?
8 hours a day.
How many hours of weekly rest period is a domestic worker entitled to?
At least 24 consecutive hours of rest in a week.
But they may also agree to the ff:
1. offsetting a day of absence with a particular rest day
2. waiving a particular rest day in return for an equivalent daily rate of pay
3. accumulating rest days not exceeding 5 days
or other similar arrangements.
Amount of minimum wage
P2,500/ month - NCR
P2,000/month - chartered cities and first class municipalities
P1,500/month - other municipalities
How frequent shall payment be made to a domestic worker?
At least once a month.
In what forms can payment be made to a domestic worker?
Only in cash.
No promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than cash wage.
Is a domestic worker entitled to a 13th month pay?
Yes, as provided for by law.
How long shall a copy of a pay slip be kept by the employer?
3 years
What are the leave benefits of a domestic worker?
If the domestic worker has rendered at least 1 year of service, he shall be entitled to an annual service incentive leave of 5 days with pay.
Unused leaves cannot carry over to the next years or be convertible to cash.
What other benefits can a domestic worker have?
A domestic worker who has rendered at least 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.
If a domestic worker is receiving a wage of 5,000 and above per month, shall the premium payments or contributions be shouldered by the employer?
No.
Who shall rescue an abused domestic worker?
by a municipal or city social welfare officer or a social welfare officer from the Department of Social Welfare and Development (DSWD) in coordination with the concerned barangay officials.
The DSWD and DILG shall develop a standard operating procedure for the rescue and rehabilitation of abused domestic workers, and in coordination with the DOLE, for possible subsequent job placement.
Can the domestic worker or employer terminate the contract before the expiration of the term?
Generally no.
Exceptions: Sec. 33 and 34
If the domestic worker was unjustly dismissed, shall the domestic worker be paid the compensation already earned plus the equivalent of 15 days work by war of indemnity?
Yes.
If the domestic worker leaves without justifiable reason, shall any unpaid salary due not exceeding 15 days work be forfeited?
Yes. The employer may also recover from the domestic worker costs incurred related to the deployment expenses, if any (provided that the service has been terminated within 6 months from the domestic worker’s employment.
What if the domestic service is not determined in stipulation or by the nature of the service?
The employer or the domestic worker may give notice to end the working relationship 5 days before the intended termination of the service.
The domestic worker and the employer may also mutually agree upon written notice to pre-terminate the contract of employment to end the employment relationship.
Enumerate the causes in which a domestic worker may terminate the employment relationship at any time before the expiration of the contract
- Verbal or emotional abuse of the domestic worker by the employer or any member of the
household - Inhuman treatment
- Commission of a crime or offense against the domestic worker by the employer or any member of the household
- Violation by the employer of the terms and conditions of the employment contract and other standards set forth under this law
- Any disease prejudicial to the health of the domestic worker, the employer, or member/s of the
household - Other causes analogous to the foregoing
Enumerate the causes in which an employer may terminate the employment relationship at any time before the expiration of the contract
- Misconduct or willful disobedience by the domestic worker of the lawful order of the employer in
connection with the former’s work - Gross or habitual neglect or inefficiency by the domestic worker in the performance of duties
- Fraud or willful breach of the trust reposed by the employer on the domestic worker
- Commission of a crime or offense by the domestic worker against the person of the employer or any immediate member of the employer’s family
- Violation by the domestic worker of the terms and conditions of the employment contract andother standards set forth under this law
- Any disease prejudicial to the health of the domestic worker, the employer, or member/s of the
household - Other causes analogous to the foregoing
What is the extent of PEA’s liability with employer for all the wages, wage-related benefits, and other benefits due a dometic worker?
Jointly and severally liable
Responsibilities of the PEA
- Ensure that domestic workers are not charged or levied any recruitment or placement fees
- Ensure that the employment agreement between the domestic worker and the employer stipulates
the terms and conditions of employment - Provide a pre-employment orientation briefing to the domestic worker and the employer about their rights and responsibilities in accordance with this Act
- Keep copies of employment contracts and agreements pertaining to recruited domestic workers which shall be made available during inspections or whenever required by the DOLE or local government official
- Assist domestic workers with respect to complaints or grievances against their employers
- Cooperate with government agencies in rescue operations involving abused or exploited domestic
workers
Who handles all labor-related disputes?
the DOLE Regional Office having jurisdiction over the workplace without prejudice to the filing of a civil or criminal action in appropriate cases
What is RA 8042?
Migrant Workers and Overseas Filipinos Act of 1995
It is a police power measure intended to regulate the recruitment and deployment of OFWs. It aims to curb the injustices and abuses suffered by numerous OFWs seeking to work abroad.