Batas Kasambahay 12th Congress Version HB 608
Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon
City, Metro Manila
TWELFTH CONGRESS First Regular Session
HOUSE BILL No. 608
Introduced by Congressman Jack Enrile
EXPLANATORY NOTE
The Magna Carta for Household Helpers or the Batas Kasambahay, seeks to
institutionalize and uplift the minimum working parameters and standards of the
household helper industry, and strives to bring this traditionally informal
labor sector closer towards the benefits and protection accorded by law to the
more formalized sectors of the labor force - without losing sight of the
singular peculiarities traditionally inherent in the relationship between the
employer and the household helper.
It is a recognized fact that the institution of domestic household help is an
integral aspect of Philippine society, deeply rooted as it is in the history and
culture of the Filipino people. In truth and in fact, household helpers are
considered to be more as extensions of the Filipino family, and not as mere
indentured servants. As members of the extended family, it is recognized that
the relationship between the homeowner and the household helper transcends that
of a simple employer-employee relationship. It is nonetheless the duty of the
State, to bring about the minimum working parameters and standards that will
ensure the protection and well-being of both the employer and household helpers,
and to promote the harmonious and productive relationship between both parties.
Beyond providing for the daily demands of the household and its maintenance,
household helpers contribute in no inconsequential terms towards the furtherance
of national economic growth and productivity. By providing their employers with
more time for economic activities either through entrepreneurial pursuits or as
more productive members of the labor force, said household helpers acts as an
efficient and effective labor multiplier within the purview of the
macro-economic perspective. Furthermore, household helpers, in their role as a
direct source of financial support for their dependents in the countryside,
effectively creates significant economic well being in the less developed areas
of the country.
Despite all these, household helpers have hitherto been relegated by law,
custom and convention to the informal sector of the labor force, deliberately
excluded as they are, from some of the provisions of law that provides
protection to the basic rights and privileges accorded to the other members of
the labor force. Likewise, the hidden nature of the household helper industry
where the interaction between employer and household helper is confined within
the inner sanctum of private residences, has unduly exposed the members of these
predominantly female industry to physical, sexual and mental abuse and
exploitation. Compounding the problem is the basic character of the household
helpers themselves, who have little or no awareness or understanding of their
basic rights and privileges.
The proposed Batas Kasambahay seeks to redress the grave injustice levied to
this relatively significant section of the labor force, by providing the basic
structure that would uphold their dignity and protect their rights and
privileges as a worker. Let it not be construed however, that the Batas
Kasambahay will fully correct the societal imbalance prevalent in this sector,
for the circumstances are so complex and the inter-relationships so intricate.
But we have to start somewhere. Let this Batas Kasambahay be the springboard by
which other laws that serves to protect the interests of our fellow Filipinos be
enacted by this august body.
In view of the foregoing, the timely approval of the Batas Kasambahay is
earnestly sought.
Jack Enrile
Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon
City, Metro Manila
TWELFTH CONGRESS First Regular Session
House Bill No. 608
Introduced by Congressman Jack Enrile
AN ACT INSTITUTING POLICIES GOVERNING THE HOUSEHOLD EMPLOYMENT INDUSTRY,
ESTABLISHING A STANDARD OF PROTECTION AND PROMOTING THE WELFARE OF HOUSEHOLD
HELPERS AND THEIR FAMILIES
Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:
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ARTICLE 1 TITLE, POLICY, PRINCIPLES AND DEFINITION
OF TERMS
Section 1. Short Title. This Act shall be known and cited as the "Magna Carta
for Household Helpers" or, preferably, as the "Batas Kasambahay".
Section 2. Declaration of State Policy and Principles.
- It is hereby declared the policy of the State to uphold the dignity of its
citizens, and to guarantee full respect for their human rights. The State
recognizes the dignity of honest labor, including the nobility and self-respect
inherent in the household helper industry. Hereafter, the Tagalog term
'kasambahay' or 'kasama sa bahay' shall be used in lieu of 'katulong,' to
properly signify the worth of their labor within the context of the Filipino
family;
- The need to nurture and protect the interests of this hitherto unheralded
heroes of the Philippine economy is recognized by the State, and they shall be
provided with adequate and timely social, economic and legal services, as well
as mechanisms that shall protect their rights and promote benefits that ensure
their dignified existence and economic upliftment;
- The State recognizes the rights of the household helpers to be protected
from abuse, economic exploitation and from performing work that is hazardous to
their physical, mental and spiritual health. The State further recognizes that
household helpers of minority age have special inalienable rights and privileges
that should be espoused and protected, particularly in the areas of education,
self-determination and self-improvement;
- It is the policy of the State to protect working women by providing safe and
healthful working conditions, and to take particular account of their maternal
functions and needs. It is recognized by the State that the household helper
industry is predominantly composed of women and, as such, the State shall
promote gender-sensitive measures in the formulation and implementation of
policies and programs affecting the household helper industry, and to ensure the
proper dissemination of the same; and,
- Duly-recognized non-government organizations are partners of the State in
the protection of household helpers and in the promotion of their welfare. The
State shall cooperate with them in a spirit of trust and mutual respect.
Section 3. Definition of Terms. As used in this Act, the term:
- "Household helper" or "kasambahay" - shall refer to any person, whether male
or female, who is to be engaged, is engaged or has been engaged locally in a
salaried capacity under a full-time basis and paid directly by the
homeowner/employer, undertaking tasks ascribed as normal household chores within
a specific household. The term includes maids, cooks, houseboys, family drivers
and "yayas" who provide daily service to a single, specific household, either on
a live-in or live-out basis.
- "Self-employed worker working as household helper" - shall refer to any
person, whether male or female, who is to be engaged, is engaged or has been
engaged locally and paid directly by the homeowner/employer to provide services
to either a single or a number of households on a contractual or day-to-day
basis. The term includes gardeners, laundry women and household helpers hired on
a day-to-day basis, provided that they do not report for work to a single
household for four (4) days a week or more, else they shall be classified as
household helpers or kasambahays.
- "Household helpers of minority age" - or the "batang kasambahay" shall refer
to children fifteen (15) years up to seventeen (17) years of age who are engaged
as household helpers under a valid contract of employment.
- "Homeowner" or "Employer" - shall refer to a natural person who is
identified to be the head of the family of the particular household for which
the household helper is rendering service, or any member of the household
designated by the head of the family to manage the general housekeeping
functions for the family.
- "Household" - shall refer to the immediate members of the family that are
directly being provided for by the head of the said family.
- "Residence"- shall include the various residences being kept by the
homeowner/employer, either as primary or secondary places of domicile.
- "Working hours" - shall refer to the period of time within which the
household helper is required to be on call to perform any and all tasks that may
be designated, regardless of whether there are actual tasks being undertaken.
- "Deployment expenses" - shall consist of only such expenses as are directly
attendant to the relocation or transfer of the household helper from his/her
place of origin to the place of work, including transportation costs, finder's
fees or agency fees if said household worker was sourced through third parties
or an employment agency. Advances or loans made by the household helper are not
included in the definition of deployment expenses.
- "Hazardous work, undertaking, activity or condition" - shall refer to any
activity or circumstance where the household helper is exposed to any risk which
constitutes an imminent danger to his/her health and safety, such as but not
limited to:
- any work, employment or activity which exposes the household helper to
physical, emotional or sexual abuse;
- any work which involves manual handling or transport of heavy loads;
- any work in an unhealthy environment which exposes household helpers to
hazardous substances, agents or processes, or to temperatures, noise levels, or
vibrations damaging to their health;
- any work which requires the household helper to render services for long
periods of time or during late nights;
- any or all forms of slavery or practices similar to slavery, such as the
sale and trafficking of household helpers, forced or compulsory labor, debt
bondage and serfdom;
- any use, procuring or offering of the household helper for prostitution or
pornography;
- any use, procuring or offering of the household helper for the commission of
any offense or crime, particularly for the production and trafficking of
narcotic drugs and substances as defined in the Dangerous Drugs Act;
- any other type of work or activity which, by its nature or the circumstances
in which it is carried out, is likely to jeopardize the health, safety or morals
of the household helper; and
- any other type of work, activity, condition or undertaking that may
hereinafter be defined as hazardous by the Department of Labor and Employment.
- "Gender sensitivity" - refers to the recognized inequalities and differences
between men and women in society, and a commitment to address issues with
concern for the respective interests of both genders.
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ARTICLE 2 TERMS AND CONDITIONS FOR
EMPLOYMENT
Section 1. Employment Contract. All household working arrangements or
agreements shall be covered by a written employment contract, in a language or
dialect understood by both homeowner and household helper, duly signed by both
contracting parties. Each contracting party shall be provided with a full set of
the duly signed employment contract, the basic provisions of which shall include
the following:
- period of employment, which shall not exceed two (2) years;
- monthly compensation and mode of payment;
- annual salary increases;
- computation of Social Security System (SSS) and Philhealth contributions;
- computation of leave deductions;
- duties and responsibilities;
- working hours and day-off schedule;
- living quarters or sleeping arrangements.
In cases wherein employment of household helpers of minority age are allowed
hereunder, said employment contract shall be signed on his or her behalf by
either parent or legal guardian, with the express written consent of said minor.
Section 2. Medical Certificate as Pre-requisite for Employment. A medical
certificate attesting to the physical and mental fitness of the household helper
must be secured from a licensed physician as a pre-requisite for employment, the
cost of which shall be for the account of the employer.
Section 3. Minimum Wage. Subparagraphs (1), (2) and (3) of Article 143 of
Presidential Decree No. 442, as amended, otherwise known as the "Labor Code of
the Philippines," are hereby amended to read as follows:
"Article 143. Minimum wage - (a) Househelpers shall be paid the following
minimum wage rates:
- One Thousand Two Hundred Pesos (Php 1,200.00) a month for household helpers
working in the National Capital Region;
- One Thousand Pesos (Php 1,000.00) a month for household helpers working in
chartered cities and first class municipalities; and
- Nine Hundred Pesos (Php 900.00) a month for household helpers working in
other municipalities.
Section 4. Payment of Wages. Payment of wages shall be made directly to the
household helper in cash, at least once every two (2) weeks or twice a month. No
deductions from said wages shall be made by the employer except those provided
by law. The express written consent of the household helper shall first be
secured before any deduction from his/her wages is made.
Section 5. Thirteenth (13th) Month Pay. Revising for the purpose Guideline
No. 2 of the Revised Guidelines on the Implementation of the Thirteenth Month
Pay Law (16 November 1987), all household helpers shall be entitled to a
thirteenth (13th) month pay equivalent to one (1) month's basic salary.
Notwithstanding the provisions of Section 1 of Memorandum No. 28, said
thirteenth (13th) month pay shall be paid to household helpers not later than
the 16th of December of every year.
Section 6. Membership in the Social Security System (SSS). All household
helpers, regardless of age and compensation levels, shall be covered by the
Social Security System (SSS) and be entitled to all the benefits provided under
Republic Act No. 1161, as amended. The employers of said household helpers shall
pay for the employer's share of the aforementioned SSS contribution without
deducting the same from the monthly compensation of the household helpers.
For this purpose, the Social Security System (SSS) is hereby required to
implement an outreach program that will facilitate the remittance of SSS
contributions by either the homeowners or the household helpers by whatever
means deemed feasible. Said outreach program should be conceptualized and
initiated within a period of one (1) year from the date of effectivity of this
Act.
Section 7. Membership in the Philippine Health Insurance Corporation
(Philhealth). All household helpers, regardless of age and compensation levels,
shall be covered under the Philippine Health Insurance Corporation (Philhealth),
and be entitled to all the benefits provided for under the law. The employer of
said household helper shall pay for the employer's share of the aforementioned
Philhealth, without deducting the same from the monthly compensation of the
household helper.
Section 8. Normal Hours of Work. Cognizant of the peculiarities of the
relationship between the employer and the household helper, the normal hours of
work of kasambahays shall be set at ten (10) hours per day, exclusive of one (1)
hour breaks each for breakfast, lunch and dinner. Any work done by the household
helper beyond the normal hours of work per day shall be duly compensated for by
the employer. Furthermore, the household helper shall be allowed at least eight
(8) hours of continuous rest per day.
Section 9. Regular Working Days. No household helper shall render work for
more than six (6) days per week. While the specific day of the week set aside as
rest day for the household helper may be stipulated in the employment contract,
the same may be changed for another day of the week upon the mutual agreement of
the employer and the household helper as the exigencies of the household may
dictate.
Section 10. Vacation Leaves. All household helpers shall be entitled to a
fourteen (14) day vacation leave with pay, in addition to the one (1) day per
week designated as the rest day. Said leave may only commence at the end of the
first year of employment, and shall not cumulate from year to year.
Section 11. Maternity Benefits. All female household workers shall be
entitled to maternity benefits pursuant to Article 133 of the Labor Code of the
Philippines.
Section 12. Deployment Expenses. Deployment expenses of domestic household
workers, including transportation and agency fees, shall be for the account of
the employer.
Section 13. Automatic Salary Increases. The contract of employment executed
by and between the employer and the household helper shall provide for an annual
salary increase, the amount of which shall be determined by mutual agreement of
the parties.
Section 14. Pre-Termination of Contract. The employer may, at his or her own
discretion, terminate the services of the household helper; Provided, that said
employer provides the household helper with at least fifteen (15) days notice of
termination and termination pay equivalent to at least one half (1/2) month's
salary. In lieu of the fifteen (15) day notice of termination, the employer may
immediately terminate the services of the household helper; Provided, that said
employer provides the household helper termination pay equivalent to one (1)
month's salary.
The employer may, for valid or just cause or loss of confidence, terminate
the services of the household helper prior to the expiration of the contract
without indemnifying the latter with termination pay.
Should the household helper decide, on his/her own volition, to unilaterally
leave the household of employment prior to the expiration of the contract
period, said household helper shall forfeit any separation pay that may be due.
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ARTICLE 3 RIGHTS AND PRIVILEGES OF HOUSEHOLD
HELPERS
Section 1. Standard of Treatment. The homeowner and the members of the
household shall, at all times, treat the household helper in a just and humane
manner. In no instance shall abusive language, physical violence or any act
which debases, degrades or demeans the intrinsic worth and dignity of the
household helper as a human being be used upon the latter.
Section 2. Extent of Duty. The homeowner shall not require the household
helper to perform any task or work outside the household of employment for the
service or benefit of another household without the latter's consent and payment
of just compensation.
Section 3. Prohibition on Labor Sub-Contracting. In no instance shall the
employer sub-contract the services of the household helper to any third party or
household, unless such activity falls within the purview of an employment agency
arrangement for which the necessary permits and licenses had been priorly
secured.
Section 4. Prohibition on Recruitment and Finders Fees. Regardless of whether
the household helper was sourced either through an employment agency or a third
party, said household helper shall neither be charged nor levied a share in the
recruitment fees or finder's fees by the aforementioned employment agency or
third party.
Section 5. Basic Necessities. In a manner befitting the means of a
responsible head of the family, the homeowner shall provide for the basic
necessities of the household helper. These shall include:
- Food - at least three (3) meals per day;
- Shelter - provision of humane sleeping arrangements that
ensure privacy and safety of the household helper;
- Medical - all medical expenses incurred for work-related
illnesses or injuries sustained by the household helper shall be for the account
of the employer; otherwise, the employer shall bear fifty (50.0%) percent of the
expenses for non-work-related illnesses or injuries, while the household helper
shall bear the other half. Said household helper's share, however, shall be
advanced by the employer at the time the medical expenses are incurred. The
employer shall be reimbursed out of deductions from the household helper's
monthly compensation which shall, at all times, be no greater than fifty (50.0%)
percent of the latter's monthly compensation.
In no instance shall the employer be allowed to withdraw or hold in abeyance
the provision of these basic necessities as punishment or disciplinary action to
be meted out to the household worker.
Section 6. Guarantee to Household Helper Privacy. The employer shall respect
the privacy of the household helper during the course of the latter's rest
periods. The household helper's right to privacy shall extend to any and all
forms of personal communications, including letters or correspondence issued or
received by the household helper, and allowed communications coursed through the
private telephone of the household.
Section 7. Access to Outside Communication. The employer shall allow the
household helper access to outside communication, both through letters or the
private telephone of the household, specially in instances of the household
helper's personal or family emergencies. Further, the employer shall guarantee
access by the household helper to the private telephone of the household for the
purpose of communicating with the latter's family at least once a week;
Provided, that costs incurred in making the telephone call shall be for the
account of the household helper.
Section 8. Prohibition on Bonded Labor. No household helper shall be allowed
to use his/her future services as collateral for any loan or advances made or to
be made by said household helper with the employer. Likewise, no employer shall
be allowed to bind the household helper to his/her continued employ as a form of
payment for any loan or advances which the household helper may have made with
the employer. Should a household helper with an outstanding loan or advance
decide to unilaterally terminate the contract of employment, said loan or
advance shall be paid by the household helper to the employer under terms and
conditions specified in a duly executed promissory note between the parties.
Section 9. Access to Lawful Third-Party Mediation. Upon employment, the
household helper shall be provided by the employer with the names, addresses and
telephone numbers of the designated liaison officials of the following:
- the Department of Labor and Employment (DOLE);
- the Barangay office of the household helper's place of work; and,
- duly registered non-government organizations accredited to mediate in
employer-employee disputes involving employers and household helpers.
The homeowner shall further guarantee the household helper access to all
means of communication for the purpose of contacting any of the above-enumerated
institutions.
Section 10. Inter-Agency Networking. The Department of Labor and Employment
(DOLE) shall provide for and lead the inter-agency networking system among the
different departments and instrumentalities of government, should the same be
required in the continuing efforts to protect the interests, rights and
privileges of household helpers.
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ARTICLE 4 SPECIAL RIGHTS AND PRIVILEGES OF
HOUSEHOLD HELPERS OF MINORITY AGE
Section 1. Allowable Employment of Household Helpers of Minority Age.
Children fifteen (15) years up to seventeen (17) years of age may be employed as
household helpers. In no instance shall children below fifteen (15) years of age
be employed as household helpers.
Section 2. Children of Household Helpers. Unless expressly employed as
household helpers under a duly executed contract of employment, children of
household helpers who live with their parents at the employer's residence or
those whose sustenance or education is being provided for by the homeowner,
shall not be considered as household helpers themselves.
Section 3. Normal Hours of Work for Household Helpers of Minority Age. No
household helper of minority age shall be allowed to render work for more than
ten (10) hours a day, five (5) days per week, exclusive of one (1) hour breaks
each for breakfast, lunch and dinner.
Section 4. Prohibition on Night Work. No household helper of minority age
shall be allowed to render work between ten o'clock in the evening and six
o'clock in the morning of the following day.
Section 5. Prohibition on work to be undertaken. No household helper of
minority age shall be allowed to render work beyond their mental and physical
capabilities.
Section 6. Prohibition on hazardous work, activities, conditions and/or
undertakings. No household helper of minority age shall be employed in any
hazardous work, activity or undertaking, and neither shall he/she be exposed to
hazardous working conditions.
Section 7. Minimum Wage. No household helper of minority age shall be
deprived of the minimum wage mandated in this Batas Kasambahay.
Section 8. Right of the Child to Wages Earned. All employers shall pay
directly to the household helper of minority age, any and all wages,
remuneration or compensation earned by said minor during the period of his
employment.
No parent, guardian or relative shall be allowed to borrow against the
compensation of the household helper of minority age without the express written
consent of said household helper. Neither shall the household helper of minority
age be made to render work in payment of a loan or liability incurred by a
parent, guardian or relative.
Section 9. Emergency Services. The Department of Social Welfare and
Development (DSWD) shall, within a period of one (1) year from the date of
effectivity of this Act, institute a program designed specifically to provide
emergency services to household helpers of minority age in need of custody,
shelter, healing, or medical, psychological, legal and rehabilitative services.
Section 10. Repatriation of Household Helpers of Minority Age. The Department
of Social Welfare and Development (DSWD) shall, upon the recommendation of the
Department of Labor and Employment (DOLE), effect the repatriation of household
helpers of minority age who either voluntarily seek government protection
against abuse and exploitation or upon report or discovery of the same. Said
household helpers shall be supervised and escorted by a social worker. The cost
of such repatriation shall be borne by the Department of Social Welfare and
Development (DSWD). The Department of Labor and Employment (DOLE) shall
formulate the rules and regulations governing the emergency repatriation of
household helpers of minority age.
For this purpose, a Repatriation Fund is hereby created and established under
the administration and control of the Department of Social Welfare and
Development (DSWD) in the amount of Five Million (Php 5,000,000.00) Pesos, to be
taken from the President's Social Fund. Thereafter, such funds shall be provided
for in the General Appropriations Act from year to year.
Section 11. Custody or Re-placement of Household Helpers of Minority Age.
Should a household helper of minority age refuse to be repatriated against the
recommendation of the Department of Social Welfare and Development (DSWD), said
household helper may be placed under the custody and care of the Department of
Social Welfare and Development (DSWD) or that of a duly recognized and
accredited non-government organization, or placed in a suitable household for
employment.
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ARTICLE 5 RIGHTS AND PRIVILEGES OF SELF-EMPLOYED
WORKERS WORKING AS HOUSEHOLD HELPERS
Section 1. Exclusivity Clause For the purpose of this Act, the rights and
privileges of self-employed workers working as household helpers shall be
limited to the provisions of this Article.
Section 2. Standard of Treatment. The homeowner, as well as the members of
the household, shall treat the household helper in a just a humane manner. In no
instance shall abusive language, physical violence or any act which debases,
degrades or demeans the intrinsic worth and dignity of the household helper as a
human being be used upon the latter.
Section 3. Scope of Work to be Undertaken. Prior to the commencement of any
work to be undertaken by the household helper, both the employer and the
household helper shall mutually agree on the scope of work, the period of time
within which the work must be completed, the amount of compensation to be paid
and the manner by which the compensation shall be made.
Section 4. Payment for Work. Unless the parties had agreed otherwise prior to
the commencement of the work, compensation for work completed to the
satisfaction of the employer shall be in the form of cash payment made directly
by the employer to the household helper immediately upon completion of the work.
Section 5. Normal Hours of Work. The period of time within which the work
must be completed by the household helper shall be mutually agreed upon by the
parties prior to the commencement of the work; Provided, that the household
helper shall not be required to render work for longer than ten (10) hours per
day, exclusive of one (1) hour rest periods each for meal breaks.
Section 6. Provision for Worker Meals. The employer shall provide the
household helper with meals during the hours of work, i.e., breakfast, should
the work start before six o'clock in the morning; lunch, should the work start
before eleven o'clock in the morning or end by one o'clock in the afternoon;
and, dinner, should the work start after six o'clock in the evening or end after
seven o'clock in the evening.
Section 7. Medical Expenses. All medical expenses incurred for work-related
illnesses or injuries sustained by the household helper shall be for the account
of the employer.
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ARTICLE 6 SPECIAL PROVISIONS FOR KASAMBAHAY
EDUCATION
Section 1. Opportunity for Self-Improvement. The employer shall allow the
household helper who is eighteen (18) years of age or above with the opportunity
to pursue his/her education, at the expense of said household helper. Should the
household helper decide to pursue his/her education, the employer shall adjust
the work schedule in accordance with the former's class schedule. In no case
shall the household helper's compensation be altered on account of his/her
pursuit of education.
Section 2. Access to Education and Training. No household helper of minority
age shall be deprived of formal or non-formal education. In cases where
household helpers of minority age are allowed to be employed, the employer shall
allow said household helper access to public primary, secondary or vocational
education. Said employer may advance all or part of the expenses incidental to
the pursuit of said education. The employer shall be reimbursed out of
deductions from the household helper's monthly compensation which shall, at all
times, be no greater than fifty (50.0%) percent of the latter's monthly
compensation.
Should the household helper of minority age decide to pursue his/her
education, the employer shall adjust the work schedule in accordance with the
former's class schedule. In no case shall the household helper's compensation be
altered on account of his/her pursuit of education.
Section 3. Employer Initiatives for Skills Development. Should the employer
decide to improve the inherent skills of the household helper through external
training, the employer shall bear the cost and expenses of said training. The
time spent by the household helper during the conduct of the said training,
including the time spent going to and coming from the training shall be counted
as part of the household helper's hours of work.
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ARTICLE 7 MISCELLANEOUS PROVISIONS
Section 1. Household Helper Day. The date upon which the President shall
approve this Batas Kasambahay shall be designated as the 'Araw ng mga
Kasambahay,' a special non-working holiday with pay for household helpers, and
shall be commemorated as such annually.
Section 2. Implementing Rules and Regulations. The departments and agencies
of government charged with the implementation of the provisions of this Batas
Kasambahay shall, within a period of one (1) year from its date of effectivity,
formulate rules and regulations for the purpose.
Section 3. Transitory Provisions. No household helper enjoying benefits and
privileges in excess of those stipulated in this Batas Kasambahay shall suffer
any diminution or substitution thereof.
All existing arrangements between employer and household helper shall conform
to the minimum standards set by this Batas Kasambahay within a period of sixty
(60) days after the date of effectivity of this Act.
Section 4. Penal Provisions. Violation of any provision of this Act shall be
punished with a fine of not less than One Thousand (Php 1,000.00) Pesos, nor
more than Ten Thousand (Php 10,000.00) Pesos, or imprisonment of not less than
three (3) months nor more than three (3) years, or both such fine and
imprisonment, at the discretion of the court.
Section 5. Repealing Clause. All laws, decrees, executive orders, rules and
regulations, or parts thereof not consistent with the provisions of this Act are
hereby repealed or modified accordingly.
Section 6. Separability Clause. If any provision or part of this Act, or the
application thereof to any person or circumstance, is held unconstitutional or
invalid, the remainder of this Act, or the application of such provision or part
to other persons or circumstances, shall not be affected thereby.
Section 7. Effectivity Clause. This Batas Kasambahay shall take effect after
fifteen (15) days from its publication in the Official Gazette or in at least
two (2) national papers of general circulation, whichever comes earlier.
So approved.
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