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News Release (Draft)

Department of Labor and Employment


28 July 2014

DOLE: Kasambahay contract now available in 12 different local dialects

Labor and Employment Secretary Rosalinda Dimapilis-Baldoz, whose instructions to


effect smooth implementation of the rules and regulations Republic Act No. 10361,
otherwise known as An Act Instituting Policies for the Protection and Welfare of
Domestic Workers, or more commonly known as Batas Kasambahay, has caused the
translation of Service and Recruitments contracts for Public Recruitment and Placement
Agencies (PRPA) under the Kasambahay Law into 12 local languages for easy
understanding.

User-friendly documents, such as these contracts written in plain and easily


understandable language, cultivate a healthy and dynamic relationship between the
employer and employee, Baldoz said.

The only difference between these translated contracts and those legalistically drafted,
is on enforcement. More people become aware of their rights. Both parties are, thus,
spared from hasslesaving time, money, and effort, while ensuring that the legal force
and the rights sought to be protected therein are intact, she said.

According to the Bureau of Local Employment, the both the service and the recruitment
contracts are translated into the following dialects: Bicolano; Cebuano; Chavacano;
Hiligaynon; Ilokano; Kapampangan; Maguindanawon; Meranao; Pangalatok; Filipino
(Tagalog); Tausug; and Waray.

The translation is one of the initiatives of the Bureau of Local Employment, under their
Labor Market Information dissemination mandate; while the Bureau of Working
Conditions undertook the formulation and drafting of the contract.

The document is a binding covenant that shall set the balance for the protection of both
employer and household service workers (HSWs). It guarantees a system that affords
both parties their own rights when they recruit or hire household service workers
(HSWs), and when they accept a job offer from a potential employer, Baldoz said.

In effect, the contract puts on record all transactions between both parties. Thus,
creating an effective mechanism to back-track on agreements and facilitate the
necessary redemption for the aggrieved party, Baldoz explained.

Among the contents of the contract are the following responsibilities of the employment
agencies, to wit: (a) ensure that the Kasambahay is qualified as required by the
employer; (b) secure the best terms and conditions of employment for the Kasambahay;
(c) ensure that the employment agreement between the Kasambahay and the employer
stipulates the terms and conditions of employment and all the benefits in accordance

with this IRR; (d) provide pre-employment orientation debriefing to the Kasambahay and
the employer about their rights and responsibilities; and (e) ensure that the
Kasambahay is not charged or required to pay any recruitment or placement fees.

The contract also directs PRPAs to undertake the following in facilitating the
employment of HSWs: (a) keep copies of employment contracts and agreements
pertaining to recruited Kasambahay which shall be made available during inspections or
whenever required by the DOLE or local government officials; (b) assist the
Kasambahay in filing complaints and grievances against employers; (c) cooperate with
government agencies in rescue operations involving abused or exploited Kasambahay;
and (d) assume joint and solidary liability with the employer for payment of wages,
wage-related and other benefits, including monthly contribution for SSS, PhilHealth, and
Pag-IBIG membership.

The PRPAs are also tasked to facilitate the replacement of Kasambahay within one
month from the day he/she reported for work. The agency must grant the employer a
qualified replacement at no additional cost to the employer, Baldoz explained, adding:

The employer shall be entitled to a refund of 75 percent of the fees paid to the PEA, if
the latter failed to provide a qualified replacement after the lapse of one month from
receipt of request for replacement.

The Kasambahay Law is a landmark piece of labor and social legislation that
recognizes for the first-time domestic workers as similar to those in the formal sector. It
is expected to benefit at least two million domestic workers such as househelp, nannies,
laundrywomen, cooks and others.

The law fulfills the countrys obligation to enact a national legislation in compliance with
the International Labor Organizations Convention 189 which sets new international
standards for the protection of household helpers.

(The translated Kasambahay Service and Recruitments Contracts for Public


Recruitment and Placement Agencies (PRPA) are available upon request from the
Bureau of Local Employment. You may call tel. nos. 528-0083/528-0108 or visit them at
6th Flr., BF Condominium, cor. Solana & Soriano St., Intramuros, Manila.)

END/hjtg

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