The Kasambahay Law, Republic Act 10361, took effect on the 4th June 2013, although it was signed in January 2013, and employers of household helpers have been told to abide by this new law or face penalties starting from P10,000 for the first offence.
The Kasambahay Law was set to take effect 15 days after its publication in the print version of the Official Gazette or a newspaper of general circulation.
Most employers will need to register their domestic workers with their respective barangays, although part-time employees are exempted from the coverage of this law.
All workers who are performing domestic work on a full time occupational basis, such as household helpers, nursemaids, yaya, nannies, cooks, gardeners and laundry persons are covered by the law.
Minimum Monthly Wage
The minimum monthly wage for a Kasambahay, which must be paid in cash, will depend on employment location and has been set at:
- National Capital Region – P2,500
- Cities and 1st class municipalities – P2,000
- Other municipalities – P1,500
SSS premium, PhilHealth and Pag-IBIG contributions
If the wage of the kasambahay is P5,000 or more, the kasambahay will pay his/her share in the SSS premium, PhilHealth and Pag-IBIG contributions.
If the wage of the kasambahay is under P5,000, the Employer will pay the SSS premium, PhilHealth and Pag-IBIG contributions for the kasambahay.
The kasambahay will be covered by SSS, Philhealth and Pag-IBIG after one month from employment.
The following benefits MUST be adhered to:
- Monthly minimum wage.
- 5 days annual service incentive leave with pay.
- 13th month additional pay.
- SSS benefit (where applicable).
- PhilHealth benefit (where applicable).
- Pag-IBIG benefit (where applicable).
- Daily rest period of 8 hours in total.
- Weekly rest period of 24 uninterrupted hours.
This new law also requires an employment contract, pay slips, and a certificate of employment.
Links:
129.1 - 868,892