Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NTH (18") CONGRESS
First Regular Session

- 1116
HOUSE BILL NO.

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 the
PEAs bear equal responsibility for any wrongdoing done by these workers.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18"") CONGRESS
First Regular Session

1116
HOUSE BILL NO.

Introduced by: Representative 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 all 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 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 numbers of the domestic
workers’ immediate family members for verification purpos

(d) If reasonable under the circumstances, conduct actual or
personal Verification of the place of residence and family
background of the dome: worker, othe: e, 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;

(e) 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

(j) 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 — A\\\ laws, presidential decrees, executive
orders and their implementing 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.