Kasambahay Law - Employer Responsibilities

[Mike S]

I put this under Laws and Regs for Foreigner because even though it effects all employers of domestic helpers it also effects us ....

 

 

http://www.dole.gov....A No 10361).pdf

 

 

1. Who are the kasambahay covered by the law?

All kasambahay engaged in domestic work, whether on a live-in or live-out arrangement, 

such as, but not limited to, the following: 

 

a. general househelp; 

b. yaya; 

c. cook; 

d. gardener; 

e. laundry person; 

f. working children or domestic workers 15 years and above but below 18 years 

of age; or 

g. any person who regularly performs domestic work in one household on an 

occupational basis (live-out arrangement).

 

 

 

17. Is a contract necessary before entering into an employment for domestic 

work?

Yes. The employer and the kasambahay shall enter into a contract of employment 

written in a language or dialect understood by them.

 

18. Is the contract required to be notarized? 

No, it is not necessary. The Punong Barangay or his/her designated officer may attest to 

the contract and serve as witness to its execution.

 

43. When will a kasambahay be entitled to the 13th month pay?

After one (1) month of service.

 

44. How is the 13th month pay computed and when is it paid? 

In computing the 13th month pay, the total basic wage received in a given calendar year 

shall be divided by 12. The amount derived shall be paid not later than December 24.

 

45. When will a kasambahay be covered by SSS, PhilHealth, and Pag-IBIG?

After one (1) month of service.

 

32. Is the employer obliged to issue pay slip upon payment of the salary of the 

kasambahay?

Yes. The employer shall at all times provide the kasambahay with a copy of the pay slip 

every pay day containing the amount paid and all deductions made, if any. 

 

33. How long should the employer keep copies of the pay slips?

Three (3) years from issuance

[MikeB]

I took the liberty of changing the title and pinning the topic. The numbering sequence of the questions is kinda strange. It also answers some questions and raises many more.

[Thomas]

43. When will a kasambahay be entitled to the 13th month pay? After one (1) month of service.  

..

45. When will a kasambahay be covered by SSS, PhilHealth, and Pag-IBIG? After one (1) month of service.

Oh! Is it different for domestic workers, is it changed - or are several production/office workers fooled such starts after a longer period?

 

(A year ago I heared from some production/office employed they miss to get the benefits by they only got work contracts for maximum (6 ?)  months, and then the employer switch to employ someone else to not need to pay such benefits.)

Very good if it's changed. I have complained about it earlier in forum posting. It is/was stupid (=get benefit to BAD behaving employers) and unfair to both the good behaving employers (=have to pay more than the bad ones) and good workers (=lost their work because of that rule.)

[MikeB]

A lot of these helpers are lacking even the most basic documents, like a birth certificate, to be able to register for these programs. What is the employer's responsibility if they cannot even register for the program he/she is supposed to be paying for? In many cases they are living hand to mouth, far away from the NSO. Putting the entire responsibility on the employer by imposing penalties for non compliance is putting the cart in front of the horse. They should first work on getting these people legally documented and registered for these programs.   

[Mike S]

A lot of these helpers are lacking even the most basic documents, like a birth certificate, to be able to register for these programs. What is the employer's responsibility if they cannot even register for the program he/she is supposed to be paying for? In many cases they are living hand to mouth, far away from the NSO. Putting the entire responsibility on the employer by imposing penalties for non compliance is putting the cart in front of the horse. They should first work on getting these people legally documented and registered for these programs.   

 

Mike I had read somewhere that it was the employers responsibility to see that these documents were obtainable and had to go down with the helper to see that these forms were filled out at the various agencies ..... if that is the case I see an awful lot of burden placed on the employer ..... I also see or should say feel that there will be a lot less unskilled ... uneducated workers being hired .... I for one would not go through all that trouble just to get a house helper .... or what ever they want to be called now. ..... sorry I can't remember where I read that ... if I do I will copy and paste it here .... JMHO

:cheersty:

[MikeB]

Mike I had read somewhere that it was the employers responsibility to see that these documents were obtainable and had to go down with the helper to see that these forms were filled out at the various agencies

I'm still trying to figure out the numbering sequence of the questions, it looks like they scanned a pamphlet and made a web page out of it. Anyway, that's not what the web page says, it says the employer has the option to require pre-employment documentation and, if he does, he pays for it. Fine. But it doesn't answer my question. We are currently paying our non live-in helper almost twice what the new regulations say is minimum. She already has PhilHealth for free because she is classified as "indigent", a not atypical situation. With the money I pay her she can support her 6 kids and unemployed husband. We have an infant and no family near to help otherwise I would do without. I see this law as hurting the people it's supposed to help. There's a lot of truth in the old Reagan quote, "The 9 scariest words in the English language are I'm from the government and I'm here to help".       

[MikeB]

"Under the SSS, PhilHealth, and Pag-IBIG laws, the employer has the obligation to register the kasambahay and deduct and remit the required premiums and contributions. 

The employer shall incur certain liabilities, including criminal prosecution, if he fails or refuses to comply with his/her obligations."

[Americano]

There's a news article today which helps explain the kasambahay law.  I believe foreigners need to know this law and follow it even more than Filipinos because we all know they expect us to follow the laws even if Filipinos don't.

 

 

http://ph.news.yahoo.com/8list-guide-kasambahay-law-041017418.html

[Papa Carl]

I don't pay Jenny a wage, I let her live and eat here for free. I do help out her parents and other members of her family from time to time..., well every month.

 

So because I do not pay her a wage, and don't forget she is not yet 18, I am not required to do any of the above. 

 

So says my attorney.

 

 

Papa Carl

[MikeB]

Carl, is she performing regular household duties such as cleaning and cooking? I don't see anything in the statute that being under 18 or not being paid a wage excludes you from this law. If the worker is between 15 and 18 the contract must be signed by the guardians and witnessed by a barangay official. If she is performing these duties and she is not in one of the 4 excluded classes (service provider, foster care, etc) the fact that she isn't being paid is a violation in itself. 

http://www.ffcccii.org/wp-content/uploads/2013/06/IRR-of-RA-10361.pdf