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Kasambahay Law Series: Part 1 – Are you ready to give these mandated benefits to your household help?

Posted by Atty. K on June 9, 2013 in LEGAL CORNER |

For most mothers and homemakers, “It’s hard to get good help these days” could vie for the title of greatest understatement of the decade. We’ve all had our share of first hand encounters so I will not belabor the point anymore. After the lies, the theft, the broken appliances, the headache, the numerous replacement requests and countless lowering of expectations (sorry, just couldn’t make do without the drama here), I decided to take a more proactive approach.  I decided to include the hiring of highly efficient, loyal, reliable, honest househelp and nanny in my Attraction Journal. Yes, really. Before you read on, I want you to take a moment right now and commit to focusing on what you want rather than on what you don’t want. Thank the Lord for giving you an angel of a helper – as if you already had her/him. This works in all other aspects of our lives too – something I’m still trying to master myself 😉 

 

Benefits under RA 10361 

Whether yours is a God-send right now, or you’re just making do with the one you have, you are mandated to give  these benefits to your general househelp, yaya, cook, gardener, laundry person (must be on an occupational basis – not occasionally or sporadically) after their first month of service, under the Domestic Workers Act or Batas Kasambahay: 

Do you know your duties and rights under the Domestic Workers Act?

Do you know your duties and rights under the Domestic Workers Act?

a. MONTHLY MINIMUM WAGE

Php2,500 (NCR);

Php2,000

(cities, first class municipalities);

Php1,500

(other municipalities)

b. ANNUAL SERVICE INCENTIVE LEAVE WITH PAY

– 5 days

c. 13th MONTH PAY

d. SSS BENEFIT

e. PHILHEALTH BENEFIT

f. PAG-IBIG BENEFIT

g. DAILY REST PERIOD

– 8 (total) hours

h. WEEKLY REST PERIOD

– 24 (uninterrupted) hours,

subject to offsetting, accumulating, waiving in exchange for payment of daily rate, and similar arrangements.

Be reminded that should you be paying more than the minimum wage set by law, you cannot now arbitrarily adjust the salary under the principle of non-diminution of benefits expressly provided for.

 

Take note that for SSS, PhilHealth, Pag-IBIG, the premium contributions should be shouldered by you, and NOT DEDUCTED from the salary of the househelp if such salary is below Php5,000.  

I have provided sample computations to be reflected in the Pay Slip in a separate article. Yes, you are required to give a Pay Slip every pay day, and to keep a copy of the same for 3 years.

 

Aside from the Pay Slip, other documentary requirements are Certificate of Employment, and Employment Contract. For those hiring helpers directly, you can download the Sample Employment Contract here.

 

For more information on your other duties, as well as your rights as employer under the Batas Kasambahay, get a copy of the Q&A here. For registration procedures, check my post here.

 

I will write my thoughts on this law in a separate article. How about you? Are you ready to give these benefits to your kasambahay?

 

4 Comments

  • […] On TheLearningMom.org: Are you ready to give these Kasambahay Law-mandated benefits to your househol… — Contains the list of benefits plus a FREE download of a Sample Certificate of Employment and a Sample Employment Contract […]

  • Kevin Barry says:

    It is indeed a shame that the SSS are not as informative as you are.

    With regards to the 3% penalty for late payment of subscriptions it is so ambiguous.

    I can easily think of 3 ways of interpreting how to apply it, and I am no mathematician.

    And as for the Unified Registration System promised to be rolled out in 2 weeks from 9th August 2013 there is still nothing 22 days later, I make that more than 2 weeks.

    Much better if it were changed to a Unified Resignation System for the incompetent officials responsible for it’s implementation.

    Not to mention a Republic Act issued in English to protect kasambahays who have little or no knowledge of that language, and a Contract of Employment in Tagalog, which some employers, like my self, have poor knowledge of.

    The Act states clearly that the Contract be in a language understandable by both Employee and Employer.

    And the Pag-IBIG contributions will be a burden to people earning low salary with not een a dream of building a home of their own.

    Seems like another version of the pork barrel to me.

    Thanks for the informative article and information, hope to see more of that!

    Have you thought of running for President? Your country needs people who think like you do.

    ingat

    Kevin Barry

  • Pinky says:

    I’m just wondering, how about if like for example, may kasambahay is now earning 5500, do I still need to pay for her SSS, Pag-ibig, Philhealth?

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