KASAMBAHAY LAW IRR PDF

The Department of Labor and Employment DOLE shall develop a model employment contract for domestic workers which shall, at all times, be made available free of charge to domestic workers, employers, representative organizations and the general public. The DOLE shall widely disseminate information to domestic workers and employers on the use of such model employment contract. In cases where the employment of the domestic worker is facilitated through a private employment agency, the PEA shall keep a copy of all employment contracts of domestic workers and shall be made available for verification and inspection by the DOLE. Pre-Employment Requirement. However, Section 12 a , b , c and d shall be standard requirements when the employment of the domestic worker is facilitated through the PEA.

Author:Gubei Shaktishakar
Country:Peru
Language:English (Spanish)
Genre:Video
Published (Last):9 March 2006
Pages:415
PDF File Size:13.99 Mb
ePub File Size:13.79 Mb
ISBN:182-9-54790-703-6
Downloads:1400
Price:Free* [*Free Regsitration Required]
Uploader:Mazum



The Department of Labor and Employment DOLE shall develop a model employment contract for domestic workers which shall, at all times, be made available free of charge to domestic workers, employers, representative organizations and the general public. The DOLE shall widely disseminate information to domestic workers and employers on the use of such model employment contract.

In cases where the employment of the domestic worker is facilitated through a private employment agency, the PEA shall keep a copy of all employment contracts of domestic workers and shall be made available for verification and inspection by the DOLE. Section Pre-Employment Requirement. However, Section 12 a , b , c and d shall be standard requirements when the employment of the domestic worker is facilitated through the PEA. The cost of the foregoing shall be borne by the prospective employer or agency, as the case may be.

Deposits for Loss or Damage. Prohibition on Debt Bondage. Employment Age of Domestic Workers. Employment of working children, as defined under this Act, shall be subject to the provisionsof Section 10 A , paragraph 2 of Section A, paragraph 4 of Section D, and Section 13 of Republic Act No.

Working children shall be entitled to minimum wage, and all benefits provided under this Act. Any employer who has been sentenced by a court of law of any offense against a working child under this Act shall be meted out with a penalty one degree higher and shall be prohibited from hiring a working child.

Skills Training, Assessment and Certification. Health and Safety. Daily Rest Period. Weekly Rest Period. The employer and the domestic worker shall agree in writing on the schedule of the weekly rest day of the domestic worker: Provided, That the employer shall respect the preference of the domestic worker as to the weekly rest day when such preference is based on religious grounds. Nothing in this provision shall deprive the domestic worker and the employer from agreeing to the following: a Offsetting a day of absence with a particular rest day; b Waiving a particular rest day in return for an equivalent daily rate of pay; c Accumulating rest days not exceeding five 5 days; or d Other similar arrangements.

Assignment to Nonhousehold Work. In such cases, the domestic worker shall be paid the applicable minimum wage. Extent of Duty. However, any liability that will be incurred by the domestic worker on account of such arrangement shall be borne by the original employer. In addition, such work performed outside the household shall entitle the domestic worker to an additional payment of not less than the existing minimum wage rate of a domestic worker.

It shall be unlawful for the original employer to charge any amount from the said household where the service of the domestic worker was temporarily performed. Minimum Wage. After one 1 year from the effectivity of this Act, and periodically thereafter, the Regional Tripartite and Productivity Wage Boards RTPWBs shall review, and if proper, determine and adjust the minimum wage rates of domestic workers. Payment of Wages.

The employer, unless allowed by the domestic worker through a written consent, shall make no deductions from the wages other than that which is mandated by law. No employer shall pay the wages of a domestic worker by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than the cash wage as provided for under this Act. The domestic worker is entitled to a thirteenth month pay as provided for by law.

Pay Slip. The copies of the pay slip shall be kept by the employer for a period of three 3 years. Prohibition on Interference in the Disposal of Wages. The employer shall not force, compel or oblige the domestic worker to purchase merchandise, commodities or other properties from the employer or from any other person, or otherwise make use of any store or services of such employer or any other person. Prohibition Against Withholding of Wages. If the domestic worker leaves without any justifiable reason, any unpaid salary for a period not exceeding fifteen 15 days shall be forfeited.

Likewise, the employer shall not induce the domestic worker to give up any part of the wages by force, stealth, intimidation, threat or by any other means whatsoever. Leave Benefits. Unused leaves shall not be convertible to cash. Social and Other Benefits. Premium payments or contributions shall be shouldered by the employer.

However, if the domestic worker is receiving a wage of Five thousand pesos P 5, The domestic worker shall be entitled to all other benefits under existing laws. Rescue and Rehabilitation of Abused Domestic Workers. Termination of Service. If the domestic worker is unjustly dismissed, the domestic worker shall be paid the compensation already earned plus the equivalent of fifteen 15 days work by way of indemnity. If the domestic worker leaves without justifiable reason, any unpaid salary due not exceeding the equivalent fifteen 15 days work shall be forfeited.

If the duration of the domestic service is not determined either in stipulation or by the nature of the service, the employer or the domestic worker may give notice to end the working relationship five 5 days before the intended termination of the service. The domestic worker and the employer may mutually agree upon written notice to pre-terminate the contract of employment to end the employment relationship. Termination Initiated by the Domestic Worker.

Termination Initiated by the Employer. Employment Certification. The PEA shall be jointly and severally liable with the employer for all the wages, wage-related benefits, and other benefits due a domestic worker.

The provision of Presidential Decree No. In addition, PEAs shall have the following responsibilities: a Ensure that domestic workers are not charged or levied any recruitment or placement fees; b Ensure that the employment agreement between the domestic worker and the employer stipulates the terms and conditions of employment and all the benefits prescribed by this Act; c Provide a pre-employment orientation briefing to the domestic worker and the employer about their rights and responsibilities in accordance with this Act; d Keep copies of employment contracts and agreements pertaining to recruited domestic workers which shall be made available during inspections or whenever required by the DOLE or local government officials; e Assist domestic workers with respect to complaints or grievances against their employers; and f Cooperate with government agencies in rescue operations involving abused or exploited domestic workers.

Mechanism for Settlement of Disputes. Ordinary crimes or offenses committed under the Revised Penal Code and other special penal laws by either party shall be filed with the regular courts. Information Program. Transitory Provision; Non-Diminution of Benefits. Implementing Rules and Regulations. Separability Clause.

Repealing Clause. All laws, decrees, executive orders, issuances, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Effectivity Clause.

IC CD4060 PDF

What is a Kasambahay Law or RA 10361?

What is a Kasambahay Law or RA ? SoMoms blogger Jenny Ong shares 8 important points to get you in the know. Who are covered by the Kasambahay Law The Kasambahay Law or Batas Kasambahay covers general household helpers including yayas, cooks, gardeners, laundry persons and helpers hired on a live-out arrangement. Via pep. Who should pay for the pre-employment costs As employer, you are responsible for the costs of hiring and transportation of the kasambahay from his place of origin to her place of work.

ACI 216.1 PDF

Batas-Kasambahay-IRR.pdf

Declaration of Policies. It shall ensure that this fiduciary relationship is strengthened and protected; and The State affirms the right of the Kasambahay to form, join, or assist associations or organizations of their own choosing for their mutual benefit and protection and for purposes of collective negotiation and social dialogue. The following are not covered: a Service providers; b Family drivers; c Children under foster family arrangement; and d Any other person who performs work occasionally or sporadically and not on an occupational basis. Definition of Terms. Advances or loans by the Kasambahay are not included in the definition of deployment expenses.

INTERMAC MASTER 23 PDF

2016_memo_circular_no.16.pdf

The Department of Labor and Employment DOLE shall develop a model employment contract for domestic workers which shall, at all times, be made available free of charge to domestic workers, employers, representative organizations and the general public. The DOLE shall widely disseminate information to domestic workers and employers on the use of such model employment contract. In cases where the employment of the domestic worker is facilitated through a private employment agency, the PEA shall keep a copy of all employment contracts of domestic workers and shall be made available for verification and inspection by the DOLE. Section Pre-Employment Requirement. However, Section 12 a , b , c and d shall be standard requirements when the employment of the domestic worker is facilitated through the PEA.

G.F.KNOLL RADIATION DETECTION AND MEASUREMENT PDF

Labor-Law-Book-1-3

.

Related Articles