Member Article

Batas Kasambahay Implementing Rules

The Implementing Rules and Regulations (IRR) of Republic Act No. 10361, otherwise known as the “Domestic Workers Act” or “Batas Kasambahay” dated 09 May 2013 was published in full in the 19 May 2013 issue of the Philippine Star at pages B-14 to B-16.

Some notable provisions of the IRR are the following:

Role of a Private Employment Agency

Section 1, Rule II of the IRR, on the hiring of a kasambahay, provides that a kasambahay can be hired by the employer directly or indirectly through a licensed Private Employment Agency (PEA), which, as defined in Section 1(i), Rule I of the IRR, refers to any individual, partnership, corporation or entity licensed by the Department of Labor and Employment (DOLE) to engage in the recruitment and placement of kasambahays for local employment.

In facilitating the employment of a kasambahay, a licensed PEA undertakes the following responsibilities: (a) ensure that the kasambahay is qualified as required by the employer;  (b) secure the best terms and conditions of employment for the kasambahay; (c) ensure that the employment agreement between the kasambahay and the employer stipulates the terms and conditions of employment and all the benefits in accordance with the IRR; (d) provide a   pre-employment orientation briefing to the kasambahay and the employer about their rights and responsibilities in accordance with the IRR;...

Visit our website to download the Employment & Immigration Update 2013 2Q.