Other Employment Terms for Househelpers
OTHER TERMS AND CONDITIONS OF EMPLOYMENT: In addition to the foregoing, the following terms and conditions are mandated under R.A. No. 10361:
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, as defined under the Revised Penal Code, Violence Against Women and their Children Law (R.A. No. 9262) , Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act (R.A. No. 7610) as amended by R.A. No. 9231, Anti-Trafficking in Persons Act of 2003 (R.A. No. 9208) , and other applicable laws.
Board, lodging and medical attendance
The employer shall provide for the basic necessities of the Kasambahay, to include the following: (1) At least three (3) adequate meals a day, taking into consideration the Kasambahay's religious beliefs and cultural practices; (2) Humane sleeping condition that respects the person's privacy for live-in arrangement; and (3) Appropriate rest and medical assistance in the form of first-aid medicines, in case of illnesses and injuries sustained during service without loss of benefits.
For the Kasambahay under live-out arrangement, he/she shall be provided space for rest and access to sanitary facility. At no instance shall the employer withdraw or hold in abeyance the provision of these basic necessities as punishment to, or disciplinary action against, the Kasambahay.
Guarantee of privacy
The employer shall, at all times, respect the right of the Kasambahay to privacy, which shall extend to all forms of communication and personal effects.
Access to outside communication
During free time, the Kasambahay shall be granted access to outside communication. In case of emergency, access to communication shall be granted even during working time. Should the Kasambahay use the employer's telephone or other communication facilities, the costs shall be borne by the Kasambahay, unless waived by the employer.
Prohibition against privileged information
All communication and information pertaining to the employer or members of the household shall be treated as privileged and confidential, and shall not be publicly disclosed by the Kasambahay during and after employment. Such privileged information shall be inadmissible in evidence, except when the suit involves the employer or any member of the household in a crime against persons, property, personal liberty and security and chastity.
Opportunities for education and training
The Kasambahay shall be afforded the opportunity to finish basic education, which shall consist 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. Access to education may include financial assistance at the option of the employer.
The Department of Education (DepEd) shall ensure continued access of the Kasambahay to alternative learning system education.
Membership in labor organization
The Kasambahay shall have the right to join a labor organization of his/her own choosing for purposes of mutual aid and collective negotiation. The Kasambahay shall be afforded opportunity to attend organization meetings during free time.
Health and safety
The employer shall safeguard the safety and health of the Kasambahay in accordance with the standards which the DOLE shall develop through the Bureau of Working Conditions (BWC) and the Occupational Safety and Health Center (OSHC) within six (6) months from the promulgation of this IRR. The said standards shall take into account the peculiar nature of domestic work.
Prohibition on debt bondage
It shall be unlawful for the employer or any person acting on his/her behalf to place the Kasambahay under debt bondage. “Debt bondage” refers to the rendering of service by the Kasambahay as security or payment for a debt where the length and nature of service is not clearly defined or when the value of the service is not reasonably applied in the payment of the debt.
Assignment to non-household work
The employer shall not assign the Kasambahay to work, whether in full or part-time, in a commercial, industrial or agricultural enterprise at a wage rate lower than that provided for agricultural or non-agricultural workers.
Extent of duty outside the household
The Kasambahay and the employer may mutually agree for the Kasambahay to temporarily perform a task for the benefit of another household under the following conditions: (a) There is an agreement between the Kasambahay and the employer for the purpose, particularly on the tasks to be performed; (b) The Kasambahay is entitled to additional payment of not less than the applicable minimum wage rate; (c) The original employer shall be responsible for any liability incurred by the Kasambahay on account of such arrangement; and (d) The original employer is not charging any amount from the other household for the arrangement.
The temporary performance of work shall not exceed thirty (30) days per assignment. The other household where the Kasambahay is temporarily assigned is solidarily liable with the original employer for any non-payment of wages during such temporary assignment.
It shall be unlawful for the original employer to charge any amount from the said household where the service of the Kasambahay was temporarily performed.
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, as defined under the Revised Penal Code, Violence Against Women and their Children Law (R.A. No. 9262) , Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act (R.A. No. 7610) as amended by R.A. No. 9231, Anti-Trafficking in Persons Act of 2003 (R.A. No. 9208) , and other applicable laws.
Board, lodging and medical attendance
The employer shall provide for the basic necessities of the Kasambahay, to include the following: (1) At least three (3) adequate meals a day, taking into consideration the Kasambahay's religious beliefs and cultural practices; (2) Humane sleeping condition that respects the person's privacy for live-in arrangement; and (3) Appropriate rest and medical assistance in the form of first-aid medicines, in case of illnesses and injuries sustained during service without loss of benefits.
For the Kasambahay under live-out arrangement, he/she shall be provided space for rest and access to sanitary facility. At no instance shall the employer withdraw or hold in abeyance the provision of these basic necessities as punishment to, or disciplinary action against, the Kasambahay.
Guarantee of privacy
The employer shall, at all times, respect the right of the Kasambahay to privacy, which shall extend to all forms of communication and personal effects.
Access to outside communication
During free time, the Kasambahay shall be granted access to outside communication. In case of emergency, access to communication shall be granted even during working time. Should the Kasambahay use the employer's telephone or other communication facilities, the costs shall be borne by the Kasambahay, unless waived by the employer.
Prohibition against privileged information
All communication and information pertaining to the employer or members of the household shall be treated as privileged and confidential, and shall not be publicly disclosed by the Kasambahay during and after employment. Such privileged information shall be inadmissible in evidence, except when the suit involves the employer or any member of the household in a crime against persons, property, personal liberty and security and chastity.
Opportunities for education and training
The Kasambahay shall be afforded the opportunity to finish basic education, which shall consist 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. Access to education may include financial assistance at the option of the employer.
The Department of Education (DepEd) shall ensure continued access of the Kasambahay to alternative learning system education.
Membership in labor organization
The Kasambahay shall have the right to join a labor organization of his/her own choosing for purposes of mutual aid and collective negotiation. The Kasambahay shall be afforded opportunity to attend organization meetings during free time.
Health and safety
The employer shall safeguard the safety and health of the Kasambahay in accordance with the standards which the DOLE shall develop through the Bureau of Working Conditions (BWC) and the Occupational Safety and Health Center (OSHC) within six (6) months from the promulgation of this IRR. The said standards shall take into account the peculiar nature of domestic work.
Prohibition on debt bondage
It shall be unlawful for the employer or any person acting on his/her behalf to place the Kasambahay under debt bondage. “Debt bondage” refers to the rendering of service by the Kasambahay as security or payment for a debt where the length and nature of service is not clearly defined or when the value of the service is not reasonably applied in the payment of the debt.
Assignment to non-household work
The employer shall not assign the Kasambahay to work, whether in full or part-time, in a commercial, industrial or agricultural enterprise at a wage rate lower than that provided for agricultural or non-agricultural workers.
Extent of duty outside the household
The Kasambahay and the employer may mutually agree for the Kasambahay to temporarily perform a task for the benefit of another household under the following conditions: (a) There is an agreement between the Kasambahay and the employer for the purpose, particularly on the tasks to be performed; (b) The Kasambahay is entitled to additional payment of not less than the applicable minimum wage rate; (c) The original employer shall be responsible for any liability incurred by the Kasambahay on account of such arrangement; and (d) The original employer is not charging any amount from the other household for the arrangement.
The temporary performance of work shall not exceed thirty (30) days per assignment. The other household where the Kasambahay is temporarily assigned is solidarily liable with the original employer for any non-payment of wages during such temporary assignment.
It shall be unlawful for the original employer to charge any amount from the said household where the service of the Kasambahay was temporarily performed.
