Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17") CONGRESS
Second Regular Session

House Bill nB659

Introduced by: Representative Jose L. Atienza, Jr.

EXPLANATORY NOTE

There have been many incidents of late involving domestic workers or “kasambahays”
who have stolen or carted off with money, jewelry and other valuables of their employers.

This bill seeks to amend Republic Act 10361, otherwise known as the “Domestic
Workers Act” or “Batas Kasambahay” by adding Section 36-A on the Liability of Private
Employment Agencies (PEAs) to private employers.

This section would ensure that these PEAs will be held civilly liable to the private
employers for any criminal acts committed by the domestic workers in their employ. With this
bill, these recruitment agencies will be held accountable for any theft of valuables or property
perpetrated by the persons they recommend for employment as household help.

It is the duty of these PEAs to conduct the proper background check and screening of
domestic workers before they are recommended for hiring to ensure the safety of their
prospective employers and their property. It is but right that PEAs bear equal responsibility for
any wrongdoing done by these workers.



Republic of the Philippines
Congress of the Philippines
Metro Manila

HOUSE OF REPRESENTATIVES

Seventeenth Congress
Second Regular Session

House Bill No. 6659

Introduced by Rep. Jose L. Atienza, Jr.

AN ACT AMENDING REPUBLIC ACT 10361

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

Section 1. Section 36 of Republic Act 10361, otherwise known as the “Domestic
Workers Act” “Batas Kasambahay” and shall read as follows:

“SEC. 36. Regulation of Private Employment Agencies (PEAs). ~
The DOLE shall, through a system of licensing and regulation,
ensure the protection of domestic workers hired through the PEAS.

‘The PEA shall be jointly and severally liable with the employer for
al) the wages, wage-related benefits, and other benefits due a
domestic worker.

The provision of Presidential Decree No. 442, as amended,
otherwise known as the “Labor Code of the Philippines”, on
qualifications of the PEAs with regard to nationality, networth,
owners and officers, office space and other requirements, as well
as nontransferability of license and commission of prohibited
practices, shall apply.


In addition, PEAs shall have the following responsibilities:

(a) Ensure that the domestic workers that the PEAs intend to
deploy have no criminal or any derogatory records by
requiring the latter to secure NBI, police and barangay
clearances;

(b) Ensure that the place of origin and residence of the
domestic worker are adequately known by requiring the latter
to submit an up-to-date certification from the barangay where
the domestic worker regularly resides attesting to the fact that
such worker is indeed a bonafide resident of the place and of
good moral character;

(c) Ensure that the family background of the domestic worker
is known by requiring the latter to submit her birth certificate
and the marriage certificate of her parents, as well as by
requiring her to provide the addresses and contact num bers of
the domestic workers’ immediate family members for
verification purposes;

(@) If reasonable under the circumstances, conduct actual or
personal verification of the place of residence and family
background of the domestic worker, otherwise, the PEA must
at least satisfy itself that the domestic worker is genuinely
seeking employment as such and not merely using the PEA to
serve any ill-motive or orchestrate any criminal intent;

() Ensure that domestic workers are not charged or levied any
recruitment or placement fees:

(f) 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;

(g) Provide a pre-employment orientation briefing to the domestic
worker and the employer about their rights and responsibilities in
accordance with this Act;

(h) 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;

(i) Assist domestic workers with respect to complaints or
grievances against their employers; and


() Cooperate with government agencies in rescue operations
involving abused or exploited domestic workers.

Section 2. A sub-section shall be added and inserted after Sec. 36 of Republic Act
10361, otherwise known as the “Domestic Workers Act” “Batas Kasambahay” and shall read as
follows:

“Section 36-A. Liability of PEAs to private employers —
The PEAs shall be civilly liable to the private employers in
relation to the criminal acts committed by the domestic worker
against the latter in the course of the latter’s employment or as
an incident to such employment, which liability shall be joint
and solidary: Provided, that such liability shall cease to exist
after one (1) year from the date the domestic worker actually
commenced her employment with the private employer.”

Section 3. Implementing Rules and Regulations. — Within ninety (90) days from the
effectivity of this Act, the Secretary of Labor and Employment, the Secretary of Social Welfare
and Development, the Secretary of the Interior and Local Government, and the Director General
of the Philippine National Police, in coordination with other concerned government agencies and
accredited nongovernment organizations (NGOs) assisting domestic workers, shall promulgate
the necessary amendment to the rules and regulations to implement this Act.

Section 4. Separability Clause. - If any provision of this Act is declared invalid, the
remainder of this Act or any provision not affected thereby shall remain in force and effect;

Section 5. Repealing Clause. - All laws, presidential decrees, executive orders and
their impfementing rules, inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

Section 6. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.

Approved.