what is kasimbaraiya?
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It’s been over 3 years since Republic Act (R.A.) 10361, knows as the “Domestic Workers Act” or the “Batas Kasambahay,” was enacted, yet people are still confused about some (if not most) of the terms.
Here’s a guide for you to understand R.A. 10361:
What and Why
The Domestic Workers Act is an act that covers the protection and welfare of domestic workers, who have long been a part of Filipino culture. It’s been in Congress for 16 years, and is seen as a landmark law that strengthens respect, protection, and promotion of the rights and welfare of domestic workers or kasambahay in Filipino.
What is a “Kasambahay”
kasambahay
A TYPICAL KASAMBAHAY. They should always be treated with respect since they practically keep you and your house going while you’re at school or work, but they should also respect you. The Kasambahay Law is here to make sure that happens. (Image grabbed from Official Gazette)
The law defines a kasambahay as one of the following:
• General househelp, otherwise known as katulong
• Nursemaid or yaya
• Cook
• Gardener
• Laundry person
• Any working children or domestic workers 15 years or older but not over the age of 18
• Anyone who regularly performs domestic work in one household on an occupational basis, also known as a live-out arrangement
The following, however, are not considered as kasambahay:
• Service providers
• Family drivers
• Children under foster family management
• Anyone who performs work occasionally or sporadically and not on an occupational or regular basis (i.e. sideline)
How to hire a kasambahay
With the passage of the law, kasambahays are now treated as regular employees. This means you’ll need an employment contract between you and the kasambahay. The norm in the country is to ask if any of your friends know of someone who’s looking for a job, but nowadays it’s better to go through a private employment agency (i.e. a maid provider) to get rid of all the hassle.
The employment contract should be written in a language or dialect understood by you and the kasambahay, and should contain the following:
• The kasambahay’s duties and responsibilities
• Period of employment
• Compensation and authorized deductions
• Hours of work
Since we recommend going through a maid provider, the kasambahay needs to submit standard pre-employment requirements, with the fees to secure them being paid for by the maid provider:
• Medical/health certificate issued by a local government health officer
• Barangay and police clearance
• NBI clearance
Here’s a guide for you to understand R.A. 10361:
What and Why
The Domestic Workers Act is an act that covers the protection and welfare of domestic workers, who have long been a part of Filipino culture. It’s been in Congress for 16 years, and is seen as a landmark law that strengthens respect, protection, and promotion of the rights and welfare of domestic workers or kasambahay in Filipino.
What is a “Kasambahay”
kasambahay
A TYPICAL KASAMBAHAY. They should always be treated with respect since they practically keep you and your house going while you’re at school or work, but they should also respect you. The Kasambahay Law is here to make sure that happens. (Image grabbed from Official Gazette)
The law defines a kasambahay as one of the following:
• General househelp, otherwise known as katulong
• Nursemaid or yaya
• Cook
• Gardener
• Laundry person
• Any working children or domestic workers 15 years or older but not over the age of 18
• Anyone who regularly performs domestic work in one household on an occupational basis, also known as a live-out arrangement
The following, however, are not considered as kasambahay:
• Service providers
• Family drivers
• Children under foster family management
• Anyone who performs work occasionally or sporadically and not on an occupational or regular basis (i.e. sideline)
How to hire a kasambahay
With the passage of the law, kasambahays are now treated as regular employees. This means you’ll need an employment contract between you and the kasambahay. The norm in the country is to ask if any of your friends know of someone who’s looking for a job, but nowadays it’s better to go through a private employment agency (i.e. a maid provider) to get rid of all the hassle.
The employment contract should be written in a language or dialect understood by you and the kasambahay, and should contain the following:
• The kasambahay’s duties and responsibilities
• Period of employment
• Compensation and authorized deductions
• Hours of work
Since we recommend going through a maid provider, the kasambahay needs to submit standard pre-employment requirements, with the fees to secure them being paid for by the maid provider:
• Medical/health certificate issued by a local government health officer
• Barangay and police clearance
• NBI clearance
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