The mandatory premium payments or contributions shall be shouldered by the employer. However, if the kasambahay is receiving a monthly wage rate of P 5,000 and above, the kasambahay shall pay the proportionate share in the premium payments or contributions, as provided by law.
Loan Assistance and Deduction for Loans
An employer may agree to extend loan assistance to the kasambahay at an amount not exceeding the equivalent of his/her six months’ salary. In case there are loans/debts, an agreement may be made to deduct from the wages of the kasambahay an amount, which shall not exceed 20 percent of his/her wages in a month.
Standard of Treatment
The kasambahay shall be treated with respect by the employer or any member of the household. He/she shall not be subjected to any kind of abuse, including repeated verbal or psychological, nor be inflicted with any form of physical violence or harassment or any act tending to degrade his/her dignity.
Board, Lodging and Medical Attendance
The employer shall provide for the basic necessities of the kasambahay, to include the following:
a) At least three adequate meals a day taking into consideration the kasambahay’s religious beliefs and cultural practices;
b) Humane sleeping condition; and
c) Appropriate rest and medical assistance.
Right to Privacy
The kasambahay’s privacy, including his/her privacy of communication and personal effects, shall be respected at all times.
Access to Outside Communication
The kasambahay should be allowed access to outside communication during free time. In case of emergency, access to communication must be granted even during work time.
Opportunities for Education and Training
The kasambahay should be afforded the opportunity to finish basic education, consisting of elementary and secondary education. He/she may be allowed access to alternative learning systems and, as far as practicable, higher education or technical vocational education and training. The employer shall adjust the work schedule of the kasambahay to allow his/her access to education or training without hampering the services required by the employer.
Right to Form, Join, or Assist Labor Organization
The kasambahay has the right to join a labor organization of his/her own choosing for purposes of mutual aid and collective negotiation. The kasambahay must be afforded opportunity to attend organization meetings during free time.
Right to terminate employment
The kasambahay may terminate the contract at any time based on the following grounds:
- Verbal or emotional abuse of the kasambahay by the employer or any member of the household;
- Inhuman treatment including physical abuse of the kasambahay by the employer or any member of the household;
- Commission of a crime or offense against the kasambahay by the employer or any member of the household;
- Violation by the employer of the terms and conditions of the employment contract and other standards set forth under the law;
- Any disease prejudicial to the health of the kasambahay, the employer, or member/s of the household; and
- Other causes analogous to the foregoing.
For comments and questions, please send an email to cabdo@divinalaw.com.
