Implementing Rules and Regulations of the Batas Kasambahay

The Department of Labor and Employment (DOLE) issued the implementing rules and regulations (IRR) for Republic Act No. 10361, otherwise known as the “Domestic Workers Act” or “Batas Kasambahay,” on May 09, 2013.

Republic Act No. 10361 defines a Kasambahay as a person engaged in domestic work within an employment relationship such as a househelp, nursemaid or “yaya”, cook, gardener, or laundry person, but excludes those performing domestic work on an occasional or sporadic basis.

The much-celebrated Batas Kasambahay is said to have institutionalized the basic rights of a domestic worker vis-à-vis minimum wage, rest periods, service incentive leave, thirteenth-month pay and social security benefits.

Note that the law highlights the domestic worker’s right to education and training. Under the IRR, a Kasambahay must be afforded the opportunity to finish basic education, which shall consist of elementary and secondary education. Moreover, the IRR mandates the Technical Education and Skills Development Authority (TESDA) to facilitate access of a Kasambahay to efficient training on technical-vocational education, and to coordinate with the National Wages and Productivity Commission (NWPC) and the Regional Tripartite Wages and Productivity Boards (RTWPBs) to develop a skill/competency-based pay system.

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