Republic Act 10361 or the Kasambahay Law Section 4.d.

defines the domestic worker or Kasambahay as any person engaged in domestic work within an employment relationship such as, but not limited to, the following: general househelp, nursemaid or yaya, cook, gardener, or laundry person, but shall exclude any person who performs domestic work only occasionally or sporadically and not on an occupational basis. The term shall not include children who are under foster family arrangement, and are provided access to education and given an allowance incidental to education, i.e. baon, transportation, school projects and school activities. Section 11 of the Law formalizes the service of the Kasambahay with an employment contract that shall be executed by and between the domestic worker and the employer before the commencement of the service in a language or dialect understood by both the domestic worker and the employer. Section 12, meanwhile, sets pre-employment requirements that the employer may seek to obtain. These include medical certificate or a health certificate issued by a local government health officer, a barangay and police clearance, a National Bureau of Investigation (NBI) clearance; and a duly authenticated birth certificate or if not available, any other document showing the age of the domestic worker such as voters identification card, baptismal record or passport. Sections 20 and 21 set for the domestic worker an aggregate daily rest period of eight hours and at least 24-hour consecutive rest hours in a week. The employer and the worker shall agree in writing on the schedule of the weekly rest day of the domestic worker. Section 24, on the other hand, sets the minimum wage of domestic workers which shall not be less than the following: (a) Two thousand five hundred pesos (P2,500.00) a month for those employed in the National Capital Region (NCR); (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. In addition, Sections 29 and 30 provides for leave and other social benefits of the worker. The law states that a domestic worker who has rendered at least one (1) year of service shall be entitled to an annual service incentive leave of five (5) days with pay: Provided, that any unused portion of said annual leave shall not be cumulative or carried over to the succeeding years.Unused leaves, however, shall not be convertible to cash. Meanwhile, a domestic worker who has rendered at least one (1) month of service shall be covered by the Social Security System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home Development Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in accordance with the pertinent provisions provided by law. The new law, aside from setting penalties for violations, also sets provisions that prevents bonded labor, physical, sexual, mental, and economic abuse of workers, and mandates registration of household workers. Children under foster family arrangement are those 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. 42. What other agreements may the employer and the kasambahay enter into relative to the kasambahays weekly rest day and SIL? a. Offsetting a day of absence with a particular rest day; b. Waiving a particular rest day in return for an equivalent daily rate of pay;

c. Accumulating rest days not exceeding five (5) days; d. Adding the accumulated rest days (maximum of 5 days) to the five-day SIL; and e. Waiving a particular SIL in return for an equivalent daily rate of pay. 23. What are the mandatory benefits of the kasambahay? a. Monthly minimum wage; b. Daily rest period of 8 (total) hours; c. Weekly rest period of 24 (uninterrupted) hours d. 5 days annual service incentive leave with pay; e. 13th month pay; f. SSS benefit; g. PhilHealth benefit; and h. Pag-IBIG benefit; 24. What are the other rights and privileges of the kasambahay? a. Freedom from employers interference in wage disposal; b. Standard of treatment; c. Board, lodging, and medical attendance; d. Right to privacy; e. Access to outside communication; f. Access to education and training; g. Right to be provided a copy of the employment contract; h. Right to Certificate of Employment; i. Right to form, join, or assist labor organization; j. Right to terminate employment based on just cause; and k. Right to exercise religious beliefs and cultural practices. 25. What are the basic necessities of the kasambahay? a. At least three (3) adequate meals a day, taking into consideration the kasambahays religious beliefs and cultural practices; b. Humane sleeping condition; and c. Appropriate rest and basic medical assistance. Substitutionary doctrine refers to a principle in labor law which states that even during the existence of a collective bargaining agreement executed between the employer and the employees through their agent, the employees can change the said agent but the contract continues to bind them up into its expiration date. SECTION 1. Money claims. All money claims and benefits arising from employer-employee relations, except claims for social security benefits, medicare and workmen's compensation, shall be filed with the Labor Relations Division of the regional office nearest the place where the cause of action accrued.cralaw SECTION 2. Unfair labor practices. All complaints for unfair labor practices shall be filed with the Labor Relations Division of the regional office nearest the place where the acts complained of were committed.cralaw SECTION 3. Workmen's compensation claims. (a) Claims for workmen's compensation accruing prior to January 1, 1975 shall be filed with the appropriate regional offices of the Department of Labor and Employment in accordance with the Rules of the Workmen's Compensation Commission; (b) Claims for workmen's compensation arising or after January 1, 1975 shall be filed with the Social Security System for employees in the private sector and with the Government Service Insurance System for employees of the government, as the case may be, in accordance with such rules and regulations as the case may be, as may be laid down by the Employees' Compensation Commission.

RULE Prescription of Actions

II

SECTION 1. Money claims. All money claims and benefits arising from employer relations shall be filed within three (3) years from the time the cause of action accrued; otherwise, they shall be forever barred.cralaw SECTION 2. Unfair labor practices. The complaints involving unfair labor practices shall be filed within one (1) year from the time the acts complained of were committed; otherwise, they shall be forever barred.cralaw SECTION 3. Workmen's compensation claims. Subject to the exceptions provided under the Code, all claim for workmen's compensation shall be filed within one (1) year from the occurrence of injury or death; otherwise they shall be forever barred.cralaw SECTION 4. Claims accruing prior to effectivity of the Code. (a) All money claims and benefits arising from the employer-employee relations which accrued prior to the effectivity of the Code shall be filed within one (1) year from the date of the effectivity of the Code; otherwise, they shall be forever barred.cralaw (b) All worker's compensation claims accruing prior to January 1, 1975 shall be filed not later than March 31, 1975, otherwise, they shall be forever barred.cralaw SECTION 5. Prescription of action on union funds. Any action involving the funds of the organization shall prescribe after three years from the date of submission of the annual financial report to the Department of Labor and Employment or from the date the same should have been submitted as required by law, whichever comes earlier. "Parental leave" - shall mean leave benefits granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required. VAWC Leave Sec. 43.Entitled toLeave. Victims under this Act shall be entitled to take a paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified in the protection order Any employer who shall prejudice the right of the person under this Sec. shall be penalized in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination. Special leave benefits for women refers to a femaleemployees leave entitlement of two (2) months with full pay from her employer based on her gross monthly compensation following surgery caused by gynecological disorders, provided that she hasrendered continuous aggregate employment service of at least six (6)months for the last 12 months;