5 October 2020
In my previous column, I discussed the salient points of Batas Kasambahay in relation to the process of hiring a kasambahay. Today, I will outline the benefits, rights and privileges that a kasambahay is entitled to under the said law and its Implementing Rules and Regulations (IRR).
Minimum Wage
The kasambahay should be paid the minimum wage set in his/her region. For reference, the minimum wage in every region can be seen in the website of the National Wages and Productivity Commission. For instance, in the National Capital Region, the current monthly minimum wage for a kasambahay is set at P5,000.
Daily and Weekly Rest Periods
The kasambahay is entitled to an aggregate daily rest period of eight hours per day and to at least 24 consecutive hours of rest in a week. The employer and the kasambahay shall agree in writing on the schedule of the weekly rest day but the preference of the kasambahay, when based on religious grounds, shall be respected.
Service incentive leave
A kasambahay who has rendered at least one year of service is entitled to an annual service incentive leave of at least five days with pay. However, any unused portion of said annual leave shall not be carried over to the succeeding years shall not be convertible to cash.
13th-Month Pay
The kasambahay who has rendered at least one month of service is entitled to a thirteenth-month pay, which shall not be less than one-twelfth of his/her total basic salary earned in a calendar year.
Social Security Benefits
A kasambahay who has rendered at least one month of service shall be covered by the Social Security System (SSS), Employees Compensation Commission (ECC), Philippine Health Insurance Corporation (PhilHealth), and Home Development Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in accordance with their respective laws, rules and regulations.
The mandatory premium payments or contributions shall be shouldered by the employer. However, if the kasambahay is receiving a monthly wage rate of P 5,000 and above, the kasambahay shall pay the proportionate share in the premium payments or contributions, as provided by law.
Loan Assistance and Deduction for Loans
An employer may agree to extend loan assistance to the kasambahay at an amount not exceeding the equivalent of his/her six months’ salary. In case there are loans/debts, an agreement may be made to deduct from the wages of the kasambahay an amount, which shall not exceed 20 percent of his/her wages in a month.
Standard of Treatment
The kasambahay shall be treated with respect by the employer or any member of the household. He/she shall not be subjected to any kind of abuse, including repeated verbal or psychological, nor be inflicted with any form of physical violence or harassment or any act tending to degrade his/her dignity.
Board, Lodging and Medical Attendance
The employer shall provide for the basic necessities of the kasambahay, to include the following:
a) At least three adequate meals a day taking into consideration the kasambahay’s religious beliefs and cultural practices;
b) Humane sleeping condition; and
c) Appropriate rest and medical assistance.
Right to Privacy
The kasambahay’s privacy, including his/her privacy of communication and personal effects, shall be respected at all times.
Access to Outside Communication
The kasambahay should be allowed access to outside communication during free time. In case of emergency, access to communication must be granted even during work time.
Opportunities for Education and Training
The kasambahay should be afforded the opportunity to finish basic education, consisting of elementary and secondary education. He/she may be allowed access to alternative learning systems and, as far as practicable, higher education or technical vocational education and training. The employer shall adjust the work schedule of the kasambahay to allow his/her access to education or training without hampering the services required by the employer.
Right to Form, Join, or Assist Labor Organization
The kasambahay has the right to join a labor organization of his/her own choosing for purposes of mutual aid and collective negotiation. The kasambahay must be afforded opportunity to attend organization meetings during free time.
Right to terminate employment
The kasambahay may terminate the contract at any time based on the following grounds:
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Verbal or emotional abuse of the kasambahay by the employer or any member of the household;
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Inhuman treatment including physical abuse of the kasambahay by the employer or any member of the household;
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Commission of a crime or offense against the kasambahay by the employer or any member of the household;
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Violation by the employer of the terms and conditions of the employment contract and other standards set forth under the law;
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Any disease prejudicial to the health of the kasambahay, the employer, or member/s of the household; and
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Other causes analogous to the foregoing.
First published on The Daily Tribune.
For further information, please contact:
Nilo T. Divina, Managing Partner, DivinaLaw
nilo.divina@divinalaw.com
