I just gave birth to my first child. My mother-in-law found a helper for me but I am not sure how much I am supposed to pay her considering that she is a “stay-out” nanny. Do I also need to register her and myself with the SSS? Please enlighten me.
Dear Mommy Belle,
Motherhood is a very exciting phase for any woman. New challenges abound and new experiences unfold but it can also be a daunting task especially for first-time mothers. Thus, help from a relative or a hired helper such as a nanny or yaya can aid in easing the journey.
It is essential, however, to consider the provisions of our laws in employing and maintaining household helpers, particularly Republic Act (RA) 10361, or more commonly known as the Domestic Workers Act or Batas Kasambahay. This was passed into law on January 18, 2013 and specifically provides for the rights and benefits to which household helpers are entitled.
It bears stressing that the term “household helpers” is not only confined to general househelps who live together with their employers. Section 3 (e) of the Implementing Rules and Regulations of RA 10361 defines domestic worker or kasambahay as any person who is engaged in domestic work within an employment relationship, whether on a live-in or live-out arrangement, such as, but not limited to, the following: general househelp, yaya, cook, gardener or laundry person, but shall exclude service providers, family drivers, children who are under foster family arrangement or any person who performs domestic work only occasionally or sporadically, not on an occupational basis.
In your situation, it can be concluded that you need to comply with the provisions of RA 10361 regardless whether the yaya whom you hired is on a “stay-in” or “stay-out” basis, as long as her work is on an occupational basis.
Insofar as the wage you are supposed to grant your helper, you may be guided by the minimum wage set under Section 24 of the law, that is not less than: (a) Two thousand five hundred pesos (P2,500.00) a month for those employed in the National Capital Region (NCR or Metro Manila); (b) Two thousand pesos (P2,000.00) a month for those employed in chartered cities and first class municipalities; and (c) One thousand five hundred pesos (P1,500.00) a month for those employed in other municipalities, unless further adjusted by the Regional Tripartite and Productivity Wage Boards.
It is also necessary that both you and your helper be registered with the Social Security System (SSS) if the latter has rendered at least one (1) month of service so that proper contributions may be remitted and in order for the latter to properly avail of the benefits due her. In addition, both of your must be registered with the Philippine Health Insurance Corp. (PhilHealth) and the Home Development Mutual Fund or Pag-IBIG (Section 30, RA 10361).
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org