Kasambahay Law Series: Part 1 – Are you ready to give these mandated benefits to your household help?
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:
a. MONTHLY MINIMUM WAGE –
(cities, first class 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.
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?