Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO._4753

Introduced by HON. CATALINA CABRERA — BAGASINA
Association of Laborers and Employees (ALE) Party-list

EXPLANATORY NOTE

This bill seeks to give qualified household helpers a statutory right to a Thirteenth
Month Pay

This bil gives additional compensation to all qualified household helpers
nationwide. It emphasizes the govemmment's responsibility as parens patriae to provide
Thirteenth month pay to all qualified house helpers, whose meager salary is at the
bottom part of the labor force.

The household help sector has no labor law Protection because there is no law
protecting them. The house helpers do not enjoy the minimum wage taw, overtime pay,
medical benefits and service incentive leave. They only enjoy Social Security benefits
but this benefit is still denied to them by most of their employers

This measure will give the ‘kasambahay’ the extra money to send to their families
during the holidays. It is designed to give them additional purchasing pawer and help
pump prime the economy during the festive season.

The granting of Thirteenth Month Pay is one way of sharing to all qualified

household helpers on how they can truly enjoy and experience the true meaning of
Christmas.

In view of the foregoing, the approval of this bill is earnestly sought.

CATALINA CAREERS BAGASINA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO._ 4753

Introduced by HON. CATALINA CABRERA — BAGASINA
Association of Laborers and Employees (ALE) Party-iist

AN ACT
GRANTING THIRTEENTH MONTH-PAY TO ALL QUALIFIED HOUSEHOLD 4
HELPERS NATIONWIDE.

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

Section 1. Title. This act shall be known as the “Kasambahay Christmas Bonus Act of
2010”

Section 2. Declaration of Policy. It is the policy of the State as Parens Patriae to uplift
the social conditions of all the household helpers nationwide. For this purpose, there is

@ need to institutionalize the regutar grant of Thirteenth month pay to all qualified
household helpers nationwide.

Section 3. Objectives. The objectives of this Act are as follows:

a. Ta provide additional compensation income to all household
helpers during the festive season.

b. To uplift the social conditions of the kasambahay nationwide.
cc. To institutionalize the grant of one month equivalent

of monthly salary pay of household helpers during the
Christmas season

Section 4. Entitlement. All employers shall pay all their qualified househald helpers the
corresponding Thirteenth month pay not later than December 24 of every year.


Employers are those covered under Presidential Decree No. 851 and those
who employed household helpers.

‘Section §. Definition of Terms. As used in Presidential Decree No. 851 and in this Act

a. “Thirteenth-Month Pay” shall mean one twelfth (1/120 of the basic
salary of an employee within a calendar day

b. “Basic Salary” shall include all remunerations or eamings paid by an
employer to an employee for services rendered but may not include
cost-of-living allowances granted pursuant to Presidential Decree 525
or Letter of Instructions no. 174, profit-sharing payments, and all
allowances and monetary benefits which are not considered or
integrated as part of the regular or basic salary of the employee at the
time of the promulgation of the Decree on December 16, 1975.

Section 6. Jurisdiction, Violation and Fines. The regional director shall have the
exclusive jurisdiction in case non-payment and other violations of the Thirteenth-Month
pay pursuant to Article 129 as amended by RA 6795 of the Labor Code. In case of non-

payment, a fine equivalent to double the amount of the Thirteenth-Month Pay
concemed.

Section 7. Repealing Clause. Any provision of law, decree, order, rule, or regulation in
conflict or in contrariaty with the provisions of this Act shall be repealed, amended or
modified accordingly

Section 8. Separability Clause. Any part of this Act that will be deciared
unconstitutional shall not affect the other provisions.

Section 9. Effectivity. This Act shai! take effect fifteen days after the publication in at
feast two national newspapers of general circulation

Approved,