4. Kasambahay (RA 10361)

Definition

Domestic worker or “Kasambahay” refers to any person engaged in domestic work within an employment relationship such as, but not limited to, the following: general househelp, nursemaid or “yaya”, cook, gardener, or laundry person, but shall exclude any person who performs domestic work only occasionally or sporadically and not on an occupational basis. (R.A. No. 10361, Sec. 4[d]

Rights and privileges of domestic worker:

• The domestic worker shall not be subjected to any kind of abuse or any form of physical violence or harassment or any act tending to degrade his or her dignity.
• The employer shall provide for the basic necessities of the domestic worker to include at least three (3) adequate meals a day and humane sleeping arrangements that ensure safety.
• Respect for the privacy of the domestic worker shall be guaranteed at all times and shall extend to all forms of communication and personal effects.
• The employer shall grant the domestic worker access to outside communication during free time.
• The employer shall afford the domestic worker the opportunity to finish basic education and may allow access to alternative learning systems and, as far as practicable, higher education or technical and vocational training.
• All communication and information pertaining to the employer or members of the household shall be treated as privileged and confidential, and shall not be publicly disclosed by the domestic worker during and after employment.

Employment contract

An employment contract shall be executed by and between the domestic worker and the employer before the commencement of the service in a language or dialect understood by both parties and shall include the following:

• the kasambahay's duties and responsibilities
• period of employment
• compensation
• authorized deductions
• working conditions
• Termination of employment
• any other lawful condition agreed upon by both parties. (Sec. 11)

Note: A kasambahay assigned to work in a commercial, industrial or agricultural enterprise, will be entitled to the applicable minimum wage for agricultural or non-agricultural workers.

Termination of Employment

A. Initiated by the domestic worker

• Verbal or emotional abuse of the domestic worker by the employer or any member of the household
• Inhuman treatment including physical abuse of the domestic worker by the employer or any member of the household
• Commission of a crime or offense against the domestic worker by the employer or any member of the household
• Violation by the employer of the terms and conditions of the employment contract and other standards set forth under this law
• Any disease prejudicial to the health of the domestic worker, the employer, or member/s of the household
• Other causes analogous to the foregoing (Sec. 32)

Note: If the domestic worker leaves without justifiable reason, any unpaid salary due not exceeding the equivalent 15 days work shall be forfeited. In addition, the employer may recover from the domestic worker costs incurred related to the deployment expenses, provided that the service has been terminated within 6 months from the domestic worker’s employment.

B. Initiated by the employer

• Misconduct or willful disobedience by the domestic worker of the lawful order of the employer in connection with the former’s work
• Gross or habitual neglect or inefficiency by the domestic worker in the performance of duties
• Fraud or willful breach of the trust reposed by the employer on the domestic worker
• Commission of a crime or offense by the domestic worker against the person of the employer or any immediate member of the employer’s family
• Violation by the domestic worker of the terms and conditions of the employment contract and other standards set forth under this law
• Any disease prejudicial to the health of the domestic worker, the employer, or member/s of the household
• Other causes analogous to the foregoing (Sec. 33)