Guide: Batas Kasambahay or Domestic Workers Act

1. Concepts

“Domestic worker” or “Kasambahay” refers to any person engaged in domestic work within an employment relationship, whether on a live-in or live-out arrangement, such as, but not limited to, general househelp, “yaya”, cook, gardener, or laundry person, but shall exclude family drivers, children who are under foster family arrangement, or any person who performs domestic work only occasionally or sporadically and not on an occupational basis. (Section 3[e], Rule I, IRR of R.A. 10361)

“Children under foster family arrangement” refers to children who are living with a family or household of relative/s and are provided access to education and given an allowance incidental to education, i.e., “baon”, transportation, school projects, and school activities; provided that the foster family and foster care arrangements are in compliance with the procedures and requirements as prescribed by Republic Act No. 10165 or Foster Care Act of 2012. (Section 3[a], Rule I, Ibid.)

“Debt bondage” refers to the rendering of service by the Kasambahay as security or payment for a debt where the length and nature of service is not clearly defined or when the value of the service is not reasonably applied in the payment of the debt. (Section 3[b], Rule I, Ibid.)

“Deployment expenses” refers to expenses that are directly used for the transfer of the Kasambahay from place of origin to the place of work covering the cost of transportation, meals, communication expense, and other in...

 



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