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  • A Primer on the Newly-Enacted “Batas Kasambahay”

    Understand the provisions of the new law and download a sample contract in Filipino!
    by Atty. Nikki Jimeno .
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    ART. III. Pre-employment
     

    1. Employment Contract
    The employer and the domestic worker shall enter into an employment contract, in a language understood by both of them, and it must cover the following:

    (a) Duties and responsibilities of the domestic worker;
    (b) Period of employment;
    (c) Compensation;
    (d) Authorized deductions;
    (e) Hours of work and proportionate additional payment;
    (f) Rest days and allowable leaves;
    (g) Board, lodging and medical attention;
    (h) Agreements on deployment expenses, if any;
    (i) Loan agreement;
    (j) Termination of employment; and
    (k) Any other lawful condition agreed upon by both parties.

    The domestic worker must be provided a copy of the duly signed employment contract.

    2. Recruitment and Finder’s Fees
    In case the domestic worker was hired through a private employment agency or a third party, the recruitment or finder’s fees shall not be charged against the domestic worker by the said private employment agency or third party.

    3. Deposits for Loss or Damage
    It shall be unlawful to make the domestic worker give a deposit from which deductions shall be made for the reimbursement of loss or damage to tools, materials, furniture and equipment in the household.

    4. Prohibition on Debt Bondage
    It shall be unlawful for the employer to make  the domestic worker render service 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.

    5. Employment Age of Domestic Workers
    It shall be unlawful to employ any person below fifteen (15) years of age as a domestic worker. Working children shall be entitled to minimum wage, and all benefits provided under this law.

    6. Employer’s Reportorial Duties
    The employers shall register all domestic workers under their employment in the Registry of Domestic Workers in the barangay where the employer’s residence is located.

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