Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS.
First Regular Session

House Bill No. _ 114 0

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
ESTABLISHING A MAGNA CARTA FOR THE KASAMBAHAY,
AMENDING FOR THIS PURPOSE, BOOK Ill, ARTICLES 141-152 OF
PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE
KNOWN AS “THE LABOR CODE OF THE PHILIPPINES”

EXPLANATORY NOTE

Filipinos oftentimes depend on the services of domestic house helpers for the
orderly management of their households. Unfortunately, even if they perform vital day-to-
day functions, domestic house helpers are often mistreated, subjected to physical and
mental abuse and made to work under inhuman and brutal working conditions.

Although there are existing iabor laws which seek to protect house helpers from
these abuses, their implementation has been widely ignored. Moreover, these laws have
become inadequate to fully address the concems and needs of our house helpers.

With this mind, we are proposing the enactment of this Bill to serve as a Magna
Carta for the Kasambahay. It is therefore hope that with the introduction of this Bill,
domestic house helpers will be sufficiently protected from such abuses which are
perpetrated against them by their unscrupulous employers, and at the same time,
guarantee them the enjoyment of their fundamental rights.

In view of the paramount significance of this Bill, we eamestly urge our
colleagues to work for its immediate passage.

DIOSDADO MACAPAGAL ARROYO GLORIA MACAPAGAY/ ARROYO
Second District, Camarines Sur econd District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS.
First Regular Session

House Bill No. _

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
ESTABLISHING A MAGNA CARTA FOR THE KASAMBAHAY,
AMENDING FOR THIS PURPOSE, BOOK Ill, ARTICLES 141-152
OF PRESIDENTIAL DECREE NO. 442, OTHERWISE KNOWN AS:
“THE LABOR CODE OF THE PHILIPPINES”

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

ARTICLE 1
TITLE, POLICIES, PRINCIPLES AND DEFINITION OF TERMS

SECTION 1. Short Title.--- This Act shall be known and cited as the “Magna
Carta for the Kasambahay 2010.”

SECTION 2. Declaration of Policies ~-- The State strongly affirms labor as a
primary social force and is committed to protect the rights of workers and to
promote their welfare. The State is likewise steadfast in its campaign to eliminate
forced labor, discrimination in employment and occupation and to abolish
incidence of child labor and trafficking in persons especially in women.

To accomplish these goals, the State has adopted the Decent Work
Framework which outlines reasonable and internationally acceptable work
conditions for Filipino workers including kasambahays as well as the
establishment of decent labor standards, employment and income, enhanced
coverage of social protection and strengthened social dialogue


The State is a staunch advocate of the rights of kasambahays and is to
protect them from abuse and expicitation by providing safe and humane working
conditions. Despite the vital and necessary work performed by kasambahays for
most Filipino households and the important role they play in society, they are
considered as one of the most vulnerable sectors in society due to the nature of
their work. Of equal concern however, are employers of kasambahays who have
equal rights to protection from abuse and exploitation of kasambahays.

The State further recognizes that kasambahays of minority age have
special inalienable rights and privileges that should be espoused and protected,
particularly in the areas of education and self-improvement

The State recognizes the importance with various groups and individuals
in the promotion and protection of the rights and welfare of kasambahays and
enabling to be empowered members of society.

Section 3. Definition of terms. — [Article 141 of Presidential Decree 442, as
amended, otherwise known as the Labor Code of the Philippines” is hereby
amended to read as follows:

“Article 141. Coverage - This Chapter shall apply to all persons rendering
services in household for compensation.

“Domestic (or household service) Helper," “Household helpers,” or
“Kasambahay" refer to any person, who renders domestic or household
services, under a full-time basis for compensation, to a homeowner/employer
undertaking tasks ascribed as normal household chores within a specific
household. The term includes maids, cooks, houseboys, family drivers and
“yayas” who provide daily service to a specific household, either on a live-in
or live-out basis."]

For purposes of this Act, the following terms shall mean:

a

“Batang-kasambahay” — Children below eighteen years of age employed
as kasambahay.

b) “Employer” — shall refer to any person who engages the services of the
kasambahay for household work and/or is party to the employment
contract.

c) “Household” - an aggregate of persons generally but not necessarily

bound by ties of kinship, who sleep in the same dwelling unit and have
common arrangements for the preparation and consumption of food.

d) “Household work” — refers to tasks performed by the kasambahay as
specified in the employment contract.


e) “Hazardous work” — refers to any activity or circumstance where the
kasambahay is exposed to risk which constitutes an imminent danger to
his or her safety, health or morals.

#) "Wages" — adopt official definition of wages, to be provided by NWPC.

g) “Board and lodging” — shall refer to food and shelter which shall be
afforded to the kasambahay free of charge and nondeductible to his or her
wage.

ARTICLE 2
RIGHTS OF THE KASAMBAHAY

The kasambahay has the right to decent work which includes decent
employment and income, humane conditions of work, access to and coverage in
social protection schemes, and the opportunity for social dialogue and
representation.

Section 5. Right to just and humane conditions of work. The kasambahay
has the right to a safe and healthy work environment, continuous (sufficient) rest
periods, time for recreation and leisure.

Section 6. Right to just and humane treatment. The kasambahay is
entitled to be treated free from any physical or psychological violence, or any
other act which debases, degrades or demeans the intrinsic worth and dignity of
the kasambahay as a human being be used upon the latter.

Section 7. Right against involuntary servitude, debt bondage and
trafficking. The kasambahay shall have the right to refuse or deny his or her
services to work or tasks not stipulated in the employment contract.

In case the kasambahay agrees to work in industrial undertakings and
perform work or task for the service or benefit of another household, he or she
shall be entitled to applicable wage or just compensation respectively.

Section 8. Right to social protection. The kasambahay shall be covered by
the Social Security System (SSS) and be entitled to all the benefits provided
under Republic Act No. 8282, as amended. The employers of said kasambahay
shall pay for the employer's share of the SSS contributions without deducting the
same from the monthly compensation of the kasambahay. The kasambahay shall
also pay for the employee's share of the SSS contributions


[A new provision, Article 148-A is hereby inserted to read as follows:

“Art. 148-A. Membership in the Philippine Health Insurance Corporation
(PhilHealth). All house helpers shall be covered by the Philippine Health
Insurance Corporation (PhilHealth) in accordance with the guideline and entitled
to all the benefits provided by law.)

Section 9. Right to privacy. The kasambahay shall have the right to
privacy during his/her rest periods. The kasambahay's right to privacy shall
extend to any and all forms of personal communications.

[Section 10. Right to minimum wage. Subparagraphs (1), (2) and (3),
Article 143 of Presidential Decree No. 442, as amended, are hereby amended
and renumbered to read as follows:

“Art 143 (A) Minimum Wage. (a) House helpers or Domestic helpers, as defined
under this Act, shall be paid the following minimum wage rates:

(1) Three thousand pesos (P3,000.00) a month for house helpers employed
in the National Capital region (NCR);

(2) Two thousand pesos (P2,000.00) a month for those employed in other
chartered cities and first class municipalities; and

(3) One thousand pesos (1,000.00) a month for those in other municipalities

Provided, that those house helpers who are receiving at least One thousand
pesos (P1,000.00) shall be covered by the Social Security System (SSS) and be
entitled to all the benefits provided hereunder.

The Regional Tripartite Wages and Productivity Boards (RTWPBs) may
determine, and adjust, from time to time appropriate minimum wage rates or
household or domestic helpers.”

Art. 143 (B) Payment of wages. - Payment wages shall be made directly to the
domestic worker to whom they are due in cash, at least twice a month. The
employer, unless allowed by the domestic worker through a written consent, shall
make no deductions from his/her 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 provided for under this act.

Art. 143 (C) Pay Slip. — All employers are mandated at all times to provide their
domestic worker with a copy of their pay slip which shall contain the amount paid
in cash by the employer to the domestic worker every pay day, as prescribed


under this act. The copies of the pay slip must be kept by the employer for a
period of three (3) years.

Art. 143 (D) Place of payment. - Payment of wages shall be made at or near the
place of undertaking, except as otherwise provided by such regulations as the
Secretary of Labor may prescribe under conditions to ensure protection of
wages.

Art. 143 (E) Prohibition or interference in disposal of wages. — No employer shall
limit or otherwise interfere with the freedom of any domestic worker to dispose
his/her wages. The employer shall not in any manner force, compel, or oblige the
domestic worker to purchase merchandise, commodities or other properties from
the employers or from any other person, or otherwise make use of any store or
services of such employer or any other person.

Art. 143 (F) Prohibition against withholding of wages. — It shall be unlawful for an
employer, directly or indirectly, to withhold any amount from the wages of the
domestic worker or induce him/her to give up any part of his/her wages by force,
stealth, intimidation, threat or any other means whatsoever.

Art. 143 (G) Prohibition on deposits for loss or damage. — No employer shall
require his/her domestic worker 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.]

Section 11. Right to free board, lodging and medical attendance. The
Employer shall furnish the house helper free of charge suitable and sanitary
living quarters as well as adequate food and medical attendance

Every employer shall keep his/her household such first-aid medicines and
equipment as the nature and conditions of domestic work may require, in
accordance with the rules and regulations that will be prescribed by the
Department of Labor and Employment (DOLE), in accordance with the provision
of this act,

Section 12. Right to access educational opportunities. The kasambahay
has the right to access opportunities for education ands training to upgrade their
skills and improve the services they provide to their employers.

Section 13. Right to self-organization. The kasambahay shall have the
right to form or join association or societies for purposes not contrary to law.

Section 14. Right to redress grievance. The kasambahay shall have the
right to redress grievance and to the expeditious settlement of disputes.

Section 15. Right to worship.


Section 16. Right to access to information.

All other rights not specified herein but guaranteed by the Constitution are
affirmed and shall be equally afforded to the kasambahay.

ARTICLE 3
LABOR STANDARDS FOR THE KASAMBAHAY

Section 17. [Article 142 of P.D. 442, as amended is hereby amended and
renumbered to read as follows:

“Art, 142 (A) Contract of domestic service. All household working arrangements
or agreements shall be covered by a written employment contract, ina language
or dialect understood by both employer and household helper, duly signed by
both contracting parties. Each contracting party shail be provided with a complete
set of the duly signed contract of service which shall include the following

(a) Period of employment, which shall not exceed two (2) years;
(b) Monthly compensation and mode of payment

(c) Annual salary increase

(d) Working hours and day-off schedule; and

(e) Living quarters or sleeping arrangement

Art. 142 (B). Medical certificate, police clearance, NBI clearance, barangay
clearance and birth certificate as prerequisites for employment. As prerequisites
for employment in domestic work, all prospective applicants should secure the
following documents:

(a) Medical certificate attesting to the physical and mental illness of the
domestic worker to be secured from a licensed physician;

(b) NBI clearance;

(c) Barangay clearance; and

(d) Duly authenticated birth certificate from the National Statistics Office
(NSO)]

17 (b) Rest periods and day-off. The employer shall provide the kasambahay a
daily rest period of at least 8 hours and a weekly rest period of at least (24)
consecutive hours after six (6) consecutive normal work days.

The employer and the kasambahay shall agree in writing the schedule of
the weekly rest day of the kasambahay. However, the employer shall respect the
preference of employees as to their weekly rest day when such preference is
based on religious grounds.


17 (c) Deductions. Unless mutually agreed upon by the kasambahay and his or
her employer, no deductions from the pay shall be made, other than those
authorized by law including wage advances, subject to the agreement between
the employer and the kesambahay on the amount of deductions per payday.

17 (d) [Article 148 of P.D. No. 442, as amended, is hereby amended to read as
follows:

“Art. 148. Board, lodging and medical attendance. - The employer shall furnish
the house helper free of charge suitable and sanitary living quarters as well as
adequate food and medical attendance.

Every employer shall keep his/her household such first-aid medicines and
equipment as the nature and conditions of domestic work may require, in
accordance with the rules and regulations that will be prescribed by the
Department of Labor and Employment (DOLE), in accordance with the provision
of this Act.”]

17 (e) Termination of employment. The causes and conditions of termination to
be stipulated in the employment contract shall be in accordance with Sections
27, 28, and 29 of this Act.

17 (f) Accountabilities acceptable to both parties and conditions to maintain
harmonious relations in carrying out and safeguarding said accountabilities.

In the event that the provisions of the employment contract could not
sufficiently guaranty the basic rights of both parties, the provisions of this law
shall serve in suppletory manner.

Section 18. 13” Month Pay. The kasambahay shall be entitled to a
thirteenth (13") month pay equivalent to the existing minimum wage.

Section 19. Assignment to Non-Household Work. No kasambahay shall be
assigned to work in commercial, industrial or agricultural enterprise at a wage or
salary rate lower than that provided for agricultural or non-agricultural workers as
prescribed therein.

Section 20. Prohibition on the use of services of household workers in
places other than their legitimate workplace. \t shall be unlawful for any

individual, entity or institution to engage the services of the kasambahay without
a valid contract.

Section 21. (All female kasambahays shall be entitled to a maternity leave
benefit pursuant to Section 14 A of R.A. 8282, otherwise known as Social
Security Act of 1997). A female member who has paid at least three (3) monthly


contributions in the twelve-month period immediately preceding the semester of
her childbirth or miscarriage shalll be paid a daily maternity benefit equivalent to
one hundred percent (100%) of her average daily salary credit for sixty (60) days
or seventy-eight (78) days in case of a caesarian delivery, subject to the following
conditions:

(a) That the employer shall have notified her employer of her pregnancy and
the probable date of her childbirth, which notice shall be transmitted to the
Social Security System (SSS) in accordance with the rules and regulations
it may provide.

(b) The full payment shall be advanced by the employer within thirty (30) days
from the filing of the maternity leave application;

(c) That payment of daily maternity benefits shall be a bat to the recovery of
sickness benefits provided by this Act for the same period for which daily
maternity benefits have been received;

(d) That the SSS shall immediately reimburse the employer one hundred
(100%) of the amount of matemity benefits advanced to the employee by

the employer upon receipt of satisfactory proof of such payment and
legality thereof; and

(e) That if an employee member should give birth or suffer miscarriage
without the required contributions having been remitted for her by her
employer to the SSS, or without the latter having been previously notified
by the employer of the time of the pregnancy, the employer shall pay to
the SSS damages equivalent to the benefits which said employer member
would otherwise have been entitled to.

Section 22. Paternity Leave. All married male kasambahay shall be entitled to
a paternity leave of seven (7) days pursuant to the provisions of R.A. 8187 of the
Paternity Leave Act of 1997.

Section 23. Vacation Leave. The kasambahay shall be entitled to a minimum
five (5) days vacation leave with pay.

Section 24. Salary increase and/other benefits. Salary increase and/or other
benefits may be granted by the employer based upon internal and mutual
agreement by both parties pursuant to existing laws, rules and regulations.

Section 25. Indemnity for Unjust Termination of Services. If the period of
household service is fixed, neither the employer nor the kasambahay may
terminate the contract before the expiration of the term, except for a just cause.


Section 26. Service of Termination Notice. If the duration of the household
service is not determined either in stipulation or by the nature of the service, the
employer or the kasambahay may give notice to put an end to the relationship
five (5) days before the intended termination of the service.

(a) The employer may disregard the five (5) day notice and immediately
cause the termination of the service of the kasambahay, provided that the
employer pays the salary due him or her.

(0) The kasambahay may, prior to the expiration of contract, put an end to the
employer-kasambahay relationship, by outing the employer on notice at
least five (5) days in advance

Section 27. Termination indicated by the Kasambahay. The kasambahay may

unilaterally terminate the relationship without serving any notice on the employer

for any of the following just causes:

(a) Serious insult by the employer or any of his or her immediate household
on the honor and person of the kasambahay,

(b) Inhuman and unbearable treatment accorded to the kasambahay by the
employer or any of his or her immediate household;

(c) Commission of a crime or offense by the employer or any of his or her
immediate household against the kasambahay.

(d) Other causes analogous to any of the foregoing

Section 28. Termination by employer. An employer may terminate an
employment for any of the following causes without serving any notice:

(a) serious misconduct or willful disobedience by the kasambahay of the
lawful order of his employer in connection with his/her work;

(b) gross or habitual neglect by the kasambahay of his duties;

(©) fraud or willful breach by the kasambahay of the trust reposed in him by
his employer

(d) Commission of a crime or offense by the kasambahay against the person
of his employer or any immediate member of his family; and

(e) Other causes analogous to the forgoing.

Section 29. Disease as a ground for Termination. An employer may terminate
the services of a kasambahay who has been found to be suffering from any


disease and whose continued employment is prejudicial to his health as well as
to the health of his or her employers and household members.

Section 30. Article 151 of P.D. No. 442, as amended, is hereby amended to
read as follows:

“Art. 151 (A). Employment Certification — Upon the severance of the household
service relation, the employer shall give the house helper/domestic worker a
written employment certification indicating the nature, duration of the service,
work performance, efficiency and conduct as house helper/domestic worker.”

Section 31. “Art. 151 (B). Employer's reportorial duties. Every employer of
domestic worker is mandated to keep the following record to reflect the actual
terms and conditions of employment his/hr domestic worker for a period of three
(3) years after the domestic worker has left the services of the employer for
purposes of documentation:

(a) A register of all domestic worker employed by him/her, indicating the
dates of their birth;

(b) A separate file for their employment contract and employment certificate;

(c) A separate file for their police clearance, NBI clearance and barangay
clearance; and

(d) A separate file for their medical certificates.

It shall be unlawful for any employer to make any report, or record filed or kept
pursuant to the provision of this act knowing such statement, report or record to
be false in any material respect.”)

Section 32. Prohibition on the employment of Batang Kasambahay.
Consistent with Republic Act 9231, the employment of batang kasambahay is
hereby prohibited. In no case shall children of kasambahay, below 18 years of
age, be suffered to work as kasambahay.

Pursuant to this policy, the LGU in cooperation with the DOLE, DSWD,
DepEd, DILG, other concerned government agencies, and all other stakeholders,
shall endeavor to implement appropriate measures for the eradication of child
domestic work. Such measures shall include but not limited to access to
appropriate education and training, alternative livelihood and employment for
their families, rescue, healing and reintegration services.


ARTICLE 4
THE ROLE OF GOVERNMENT ENTITIES IN THE DELIVERY OF PROGRAM
AND SERVICES

Section 33. Role of LGUs. Local government units (LGUs) shall facilitate
access of kasambahays to all existing programs and services. The LGUs,
through their local development plans, shall prioritize concerns regarding
kasambahays and develop and implement plans and programs in support of this
law

The LGUs shall establish a registration system for the mutual protection of
the kasambahay and his or her employer, effective information and monitoring of
the employment of the kasambahay. (Will be included as a priority activity of the
LGUs in the IRR)

Section 34. Support Institutions

(a) Role of the Department of Interior and Local Government. The DILG shall
oversee and provide technical assistance to ensure the implementation of
LGU on the kasambahay programs and services. The DILG shall be
responsible for the continuous upgrading and enhancement of the
knowledge and skills of barangays to assume their assigned
responsibilities under this Act.

(b) Role of the Department of Labor and Employment. The DOLE shall be
responsible for the continuous enhancement of standards for the
employment and welfare of kasambahays. Towards this end, the DOLE
shall also provide a venue for the continuous dialogue between and
among stakeholders and domestic workers. It shall also conduct trainings
and seminars on improving working conditions in the households,
occupational safety and health, labor education and_ livelihood
development. It shall also provide employment facilitation services for the
kasambahay.

(c) Role of the Department of Social Welfare and Development. The DSWD
shall institute a program designed specifically to provide emergency
services to the kasambahay in need of custody, shelter, healing or legal,
medical, psychological and rehabilitative services.

(d) Role of the Department of Education. The DepEd shall develop and
administer equivalency test and alternative educational programs for the
accreditation of educational qualification of the kasambahays. The DepEd
shall work with LGUs in establishing and strengthening special education
programs including capacity-building for instructional managers.


(e) Role of the Technical Education Skills and Development Authority. The
TESDA shall be responsible for the continuous enhancement of training
regulations which will serve as the basis for the development of curricula,
registration and delivery of training programs for kasambahays. It shall
also be responsible for the development and administration of assessment
and certification of kasambahays.

(f) Role of the Philippine National Police. The PNP shall coordinate with
LGUs, DSWD and other relevant agencies in conducting rescue
operations for abused kasambahays. The PNP shall also be consulted for
existing mechanisms on how to assist abused kasambahays.

(g) Role of NGOs and other groups. Non-government organizations and other
groups shall equally contribute to the delivery of programs and services to
be provided by government offices as prescribed in this law.

ARTICLE 5
SETTLEMENT OF DISPUTES

‘A mechanism for settlement of disputes arising from the employment contract is
hereby prescribed as follows:

Section 35. Barangay as Primary Resort in Settling Disputes. The
barangays shall serve as the primary resort in settling disputes and shall render
conciliation and mediation services in disputes.

Section 36. Role of the Department of Labor and Employment. The DOLE
shall take cognizance of disputes arising from the employment of kasambahays
for any violation of the labor standards provisions hereof, only upon the
exhaustion of conciliation and mediation at the level of the barangay.

Section 37. Role of the National Labor Relations Commission. The NLRC
shall assume jurisdiction on disputes arising from employment of kasambahays
over cases which it has original and exclusive jurisdiction, only upon the
exhaustion of conciliation and mediation at the level of the barangay.

Section 38. Role of the Courts. Regular courts which have exclusive and
original jurisdiction of cases other than disputes arising from the employment of

kasambahays shall take cognizance only after prior recourse in the barangay
level has been exhausted


ARTICLE 6
MISCELLANEOUS PROVISIONS

Section 39. Implementing Rules and Regulations. The Department of
Interior and Local Government and the Department of Labor and Employment, in
collaboration with other government agencies charged with the implementation of
the provisions of this Act shall, within a period of one (1) year from the date of its
effectivity, promulgate the necessary implementing rules and regulations.

Section 40. Araw ng mga Kasambahay. The date upon which the
President shall approve the Batas Kasambahay will be designated as the “Araw
ng mga Kasambahay.”

Section 41, Non-diminution clause. Nothing in this Act shall be construed
to cause the diminution or substitution of any benefits and privileges currently
enjoyed by the kasambahay. Alll existing arrangements between employer and
the kasambahay shall conform to the minimum standards set by this Batas
Kasambahay within a period of sixty (60) days upon effectivity of this Act.

Section 42. Penal Provisions. Provided, however, that if the Kasambahay
happens to be a relative, the provision of this Act shall equally apply provided
violation for section 32

Violation of any of the provision of this Act shall be punishable with a fine
of not less than Ten Thousand Pesos (Php 10,000.00) but not more than Forty
Thousand Pesos (Php 40,000.00), or imprisonment of not less than six (6)
months but not more than three (3) years, upon the discretion of the court.

Section 43. Immunity of social workers. Article 143 paragraph (c) and (d)
of PD 442 as amended is hereby expressly repealed. All laws, decrees,
presidential issuances, executive orders, rules and regulations or parts thereof
not consistent with the provisions of this Act are hereby amended, repealed or
modified accordingly.

Section 44. Separability Clause. If any provision or part of this Act, or the
application thereof to any person or circumstance be held unconstitutional or be
declared invalid, the remainder of this Act shall not be affected thereby.

Section 45. Effectivity Clause. This Batas Kasambahay shall take effect

fifteen (15) days following the completion of its publication in the Official Gazette
or in two (2) newspapers of general circulation.

Approved,