Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

Nineteenth Congress

HOUSE BILL NO.

Introduced by Representative Charisse Anne C. Hernandez

EXPLANATORY NOTE

Republic Act No. 10361, otherwise known as the "Domestic Workers Act " or the “Batas
Kasambahay’ is one of the landmark legislations protecting the marginalized house helpers or
kasambahays.

Under the Implementing Rules and Regulations of the RA No. 10361, a kasambahay may be
hired directly by the employer or through a Private Employment Agency (PEA), and in no case shall
recruitment or finder's fees be charged against the domestic worker by the PEA as it shall be
borne by the employer.

Under the Batas Kasambahay, PEAs should impose as standard requirements for
applicants in facilitating employment of house helpers: (a) Medical certificate or a health
certificate issued by a local government health officer; (b) Barangay and police clearance; (c)
National Bureau of Investigation (NBI) clearance; and (d) Duly authenticated birth certificate
or if not available, any other document showing the age of the domestic worker such as
voter's identification card, baptismal record or passport.

However, what happens when the PEAs are used as entry points for those with
criminal minds to penetrate the homes of the unsuspecting employer? Will the submission
of those documents be enough to protect those who paid for the services of the PEAS?

This bill aims to safeguard the persons of the employers and their family in their
abode against those who might use PEAs as vehicles in executing their criminal intentions
by imposing greater responsibility and accountability from PEAs.

Therefore, the passage of this bill is earnestly sought.

CHARISSE AAINE C. \NDEZ
Representative
Lone District, Calamba City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

» Housé Bittno! 4477

Introduced by Representative Charisse Anne C. Hernandez

AN ACT
ESTABLISHING GREATER RESPONSIBILITY AND ACCOUNTABILITY FROM PRIVATE
EMPLOYMENT AGENCIES, AMENDING FOR THE PURPOSE REPUBLIC ACT 10361,
OTHERWISE KNOWN AS THE "BATAS KASAMBAHAY”

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 “Batas
Kasambahay’, is hereby amended to 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 BOTH THE domestic
workers hired through the PEAs AND THEIR EMPLOYERS.

“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,
net worth, owners and officers, office space and other requirements, as well as
nontransferabilty of license and commission of prohibited practices, shall apply.

“In addition, PEAS shall have the following responsibilities:

(A) CONDUCT A DILIGENT BACKGROUND CHECK ON THE IDENTITY,
PERSONAL AND FAMILY BACKGROUND THROUGH ACTUAL
VERIFICATION, AND TO THE EXTENT POSSIBLE, SUPPORTED BY
RELEVANT DOCUMENTS SUCH AS NATIONAL BUREAU OF
INVESTIGATION (NBI), POLICE AND BARANGAY CLEARANCES OR
CERTIFICATES, AND BIRTH CERTIFICATES;

{(@)] (B) Ensure that THE domestic worker{s are] I$ not charged or levied any
recruitment or placement fees;

{(b)] (C) 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;

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

{(¢)] (€) Keep copies of employment contracts and agreements pertaining to THE
recruited domestic worker{s] which shall be made available during inspections or
whenever required by the DOLE or local government officials;

{(e)] (F} Assist THE domestic worker{s] with respect to complaints or grievances against
the[ir] employer(s]; and

{(01 (G) Cooperate with government agencies in rescue operations involving AN abused
or exploited domestic worker(s)."

‘SEC. 2. A sub-section is hereby inserted after Section 36 of the “Batas Kasambahay" to read
as follows:

“SECTION 36-A.- RESPONSIBILITY OF PEAs TO EMPLOYERS - THE PEA SHALL
BE SUBSIDIARILY LIABLE IN RELATION TO ANY CRIMINAL ACT COMMITTED BY THE
DOMESTIC WORKER AGAINST THE EMPLOYER IN THE COURSE OF THE DOMESTIC
WORKER'S EMPLOYMENT: PROVIDED, THAT SUCH ACCOUNTABILITY SHALL CEASE
AFTER ONE (1) YEAR FROM THE FIRST DAY OF THE DOMESTIC WORKER'S
EMPLOYMENT WITH THE EMPLOYER.”

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

SEC. 4. Separability Clause - If any part, section or provision of this Act is declared invalid or
unconstitutional, the other provisions not affected by such declaration shall remain in full force and
effect;

SEC. 5 Repealing Clause - All laws, decrees, orders, rules and regulations or issuances
inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 6. Effectivity - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved.