New implementing rules and regulations (IRR) of the Domestic Workers Act, collectively known as the Kasambahay Law, will include the right of the kasambahay or domestic worker to join a labor organization of their choice and take part in its activities.
That is only one of the newly added provisions of the IRR signed on Thursday by the Department of Labor and Employment (DOLE) and other concerned government offices for the completion and full implementation of Republic Act 10361, the Kasambahay Law.
The said law, with a complete IRR at hand, would be implemented exactly 15 days from now.
Rule 5 Section 7 of the IRR provides that the domestic workers should not be held liable in case of reimbursement of loss or damage to house equipments and employers’ properties.
There is also mandatory issuance of monthly pay slip (Form BK-2) included in the IRR, which would state the worker’s salary and deductions, as well as the format of the contract between employer and worker (Form BK-1) and certificate of employment (Form BK-3).
The IRR also states that, the domestic workers are entitled five days of leave but in such cases that they did not avail the leave, it shall be converted to cash.
With majority compelled on the side of the domestic workers, the workers are also subjected into “a range of wage increases on top of the minimum wage,” which would be issued by Regional Tripartite Wages and Productivity Board (Rtwpd) of DOLE, “taking into consideration the competency standards set by Tesda [Technical Education and Skills Development Authority].”
The law aims to protect the welfare of domestic workers—househelp or nanny, gardener, cook laundry person and any person doing regular domestic work in an occupational basis.
The Kasambahay Law—also known as Magna Carta for Domestic Workers—was signed by President Benigno Aquino 3rd on January 18 and took effect that same day. The corresponding IRR should be presented exactly 90 days after the approval of the law.
Kristyn Nika M. Lazo