Househelpers' Employment Terms

TERMS AND CONDITIONS OF EMPLOYMENT: The following is a rundown of the basic terms and conditions that should be observed in the employment of a Kasambahay:

Employable age

Children whose age is below 15 years are absolutely prohibited to work as Kasambahay.

Normal daily hours of work

Because R.A. No. 10361 does not contain any provision on the number of normal hours of work that aKasambahay should render in a day but merely prescribes said daily rest period of eight (8) hours per day, it may be concluded that theKasambahay should work for at least a total of sixteen (16) hours per day as normal hours of work. However, it must be noted that the Labor Code does not contain any provision on the normal hours of work of househelpers. Article 1695 of the Civil Code, however, specifically provides that househelpers shall not be required to work for more than ten (10) hours a day. Since R.A. No. 10361, a special law, is the most recent piece of legislation, it should prevail over the general provision of the Civil Code.
Normal daily hours of work for working child-kasambahay is eight (8) hours per day.

13th month pay

The Kasambahay who has rendered at least one (1) month of service is entitled to a 13th month pay which shall not be less than one-twelfth (1/12) of his/her total basic salary earned in a calendar year. The 13th month pay shall be paid not later than December 24 of every year or upon separation from employment.

Daily rest period

The Kasambahay shall be entitled to an aggregate daily rest period of eight (8) hours per day.

Weekly rest period

The Kasambahay shall be entitled to at least twenty-four (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 onreligious grounds, shall be respected. Nothing in this provision shall deprive the Kasambahay and the employer from agreeing to the following: (1) Offsetting a day of absence with a particular rest day; (2) Waiving a particular rest day in return for an equivalent daily rate of pay; (3) Accumulating rest days not exceeding five (5) days; or (4) Other similar arrangements.

Service incentive leave

A Kasambahay who has rendered at least one (1) year of service shall be entitled to an annual service incentive leave of at least five (5) days with pay. Any unused portion of said annual leave shall not be cumulative or carried over to the succeeding years. Unused leaves shall not be convertible to cash.

Social security benefits

A Kasambahay who has rendered at least one (1) 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 policies, laws, rules and regulations.

Benefits under the SSS include sickness, maternity, disability, retirement, death and funeral. A unified benefit package under PhilHealth includes Inpatient Hospital Care and Outpatient Care.

Mandatory premium payments or contributions shall be shouldered by the employer. However, if the Kasambahay is receiving a monthly wage rate of Five Thousand Pesos (P5,000.00) and above, the Kasambahay shall pay the proportionate share in the premium payments or contributions, as provided by law.

In the event the Kasambahay avails of certain loan privileges from Pag-IBIG Fund which require the payment of additional or upgraded contributions, the said additional or upgraded contributions shall be shouldered solely by the Kasambahay.

The SSS, Pag-IBIG and PhilHealth shall develop a unified system of registration and enrollment within six (6) months from the promulgation of this IRR.

Obligation of employer to register and enrol with SSS, PhilHealth, and Pag-IBIG

As employer of the Kasambahay, he/she shall register himself/herself with, and enroll the latter as his/her employee to the SSS, PhilHealth, and Pag-IBIG.

Loan assistance

An employer may agree to extend loan assistance to the Kasambahay in an amount not exceeding his/her six (6) months' salary. This provision shall not apply to working children.

Deduction for loans

By written agreement, the employer may deduct the loans from the wages of the Kasambahay, which amount shall not exceed 20% of his/her wages every month.

Deposits for loss or damage

It shall be unlawful for the employer or any other person to require a Kasambahay to make deposits from which deductions shall be made for the reimbursement of loss or damage to tools, materials, furniture and equipment in the household.