As an official in our barangay and employer of a kasambahay, I want to know the roles and responsibilities of our barangay in the implementation of the Kasambahay Law. I hope that you can enlighten us on this matter. Thank you!
The Implementing Rules and Regulations (IRR) of Republic Act No. 10361, known as the Domestic Workers Act or Batas Kasambahay, lays out in detail the functions of the barangay in the implementation of the said law.
The role of the barangay starts even before the employment of a kasambahay, since the employers may require a kasambahay applicant to submit a clearance from his/her barangay as part of the pre-employment requirements (Sec. 4, Rule II). Barangays are also mandated by the IRR to provide the public free copies of a standard employment contract for the employment of a kasambahay. (Sec. 6, Id.) In connection with this, employers of a kasambahay are required by law to furnish copies of executed employment contracts to the barangay where the employer resides. (Sec. 7, Id.) The employer or the kasambahay may also request a barangay official to read and explain the contents of the contract to both parties. (Sec. 5, Id.)
With regard to the recruitment of a kasambahay by the Private Employment Agencies (PEA), the IRR requires that PEAs must register with the barangay where they recruit, by presenting a copy of valid recruitment licenses from the Department of Labor and Employment. (Sec. 2, Rule III)
The IRR also provides for a registration system for kasambahay wherein the Punong Barangay, together with the Social Security System (SSS); Home Development Mutual Fund (HDMF) or the Pag-IBIG Fund; and Philippine Health Insurance Corporation (Philhealth) representatives shall conduct a common registration of all kasambahay nationwide. (Sec. 2, Rule IX) The barangay is mandated to designate a kasambahay registration desk to accommodate continuous registration in line with the task of maintaining an updated kasambahay masterlist that will then be submitted and made available to other concerned government agencies. (Sec. 3-4, Id.)
The barangay also plays a crucial role in the protection of an abused kasambahay. The IRR provides that the barangay may report and receive reports of any act of abuse committed against a kasambahay. (Sec. 3& 4, Id.) The barangay is also mandated to coordinate with local social workers in the rescue of an abused kasambahay. (Sec. 1 & 5, Rule X)
These are the specified roles and functions of the barangay as mandated by the Kasambahay Law in accordance with the policy of the State to protect the rights of the kasambahay.
Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.
We hope that we were able to enlighten you on the matter.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com