1. THE PHILIPPINE DOMESTIC WORKERS LAW AND ITS IMPLEMENTATION
Discussed by:
MARIA EVELYN LITA P. MANANGAN
Chief Labor and Employment Officer
Bureau of Workers With Special Concerns (BWSC)
Department of Labor and Employment DOLE
10TH ASEAN FORUM ON MIGRANT LABOUR
Sofitel Manila, CCP Complex, Roxas Boulevard, Manila
25 October 2017

2. OUTLINE OF PRESENTATION
Republic Act No : Domestic Workers Act of the Philippines
Brief Description
Salient Features
Implementation
Recommendations on Developing a National Policy on Decent Work for Domestic Workers

3. REPUBLIC ACT NO. 10361 (Domestic Workers Act or Batas Kasambahay)
SALIENT FEATURES:
It seeks to change the conditions of the domestic workers (kasambahay) by institutionalizing rights similar to the rights of the workers in the formal employment.
Specifically, it sets the standards for the terms and conditions of work including the execution of a written employment contract between the employer and the kasambahay.
It provides minimum wage; health and safety standards; compulsory coverage to social protection such as SSS, Pag- IBIG, and PhilHealth; adopts the standards for employment of working children and protects them from unjust termination of employment.

4. REPUBLIC ACT NO. 10361 (Domestic Workers Act or Batas Kasambahay)
SALIENT FEATURES:
It requires employers to register their domestic workers in the barangay and regulates their employment by Private Employment Agencies (PEAs).
It directs certain government agencies to provide specific services.

5. IMPLEMENTATION: An Inter-Agency Approach
The implementation of the Philippine Domestic Workers Law is not tied to a single office. Aside from DOLE, other government agencies are duty bound to implement certain provisions of the law, all for the development and protection of domestic workers.

6. Areas of Concerns and Lead Agencies/Stakeholders
Compliance with Labor Standards
(BWC)
Safety and Health Standards
(OSHC/DOLE ROs)
Licensing and Regulation of Private Employment Agencies
(BLE)
National Certificate (NCII) on household services customized for local hired kasambahays
(TESDA)
Adjustment of the monthly minimum wage rates for kasambahay
(NWPC)
Information dissemination on the provisions of the IRR
(IPS/DOLE ROs)
Designation of Kasambahay Desk Officers in all ROS
(DOLEROs)
Oversight on the implementation of the law thru TIPC
(DOLE/Labor-Management Rep, House of Representatives and Senate)
Social Protection/Unified Registration System (URS)
(SSS, PhilHealth, Pag-IBIG)
Barangay Registration
(DILG, HLURB)
Rescue and Rehabilitation of Abused Kasambahay
(DSWD, DILG, DOLE ROs PNP, NBI)
Dispute Settlement
(DOLE ROs/NCMB)
Capacity Building
(BLE,LGU-PESO, )
(HRDS, BLR,NCMB)
Advocacy and Inputs to Policy Development
(Trade Unions, Workers’ Organizations, Employers’ Groups, CSOs)

7. Decent Work for Domestic Workers
IMPLEMENTATION: Labor-Related Concerns
National Wages and Productivity Commission (NWPC)
Occupational Safety and Health Center (OSHC)
Bureau of Workers with Special Concerns (BWSC)
Bureau of Working Conditions (BWC)
Bureau of Local Employment (BLE)
National Conciliation and Mediation Board (NCMB)
Information and Publication Service (IPS)
International Labor Affairs Bureau (ILAB)
Department of Labor and Employment (DOLE)
Responsible for implementing all the labor-related provisions of the law.
Decent Work for Domestic Workers
Regional Offices (ROs)

8. IMPLEMENTATION: Registration
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
Through its National Barangay Operations Office (NBOO), the DILG is responsible for the registration of domestic workers in the barangay.
The HLURB, as the lead agency in the provision of technical assistance to local government units in the preparation of comprehensive land use plans; regulation of housing, land development and homeowners association; and adjudications of disputes related thereto, is committed to deliver its services with competence and integrity in order to satisfy its stakeholder.
HOUSING AND LAND USE REGULATORY BOARD
Ensures the registration of the members of homeowners’ associations, to enroll themselves as employers and their respective kasambahay to the barangay.

9. IMPLEMENTATION: Social Protection and Other Benefits
The registration of a Domestic Workers under the following Social Protection Agencies ensure their added protection and security.
Social Security System (SSS)
Sickness, maternity, disability, retirement, death, and
Funeral benefits.
Philippine Health Insurance Corporation (PhilHealth)
Unified benefit package including Inpatient
Hospital Care and Outpatient Care.
Home Development Mutual Fund
(Pag-IBIG Fund)
Loan privileges.

10. IMPLEMENTATION: Training and Development
TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY (TESDA)
Ensures access of domestic workers to efficient training, assessment, and certification based on a duly promulgated training regulation.
DEPARTMENT OF EDUCATION (DepEd)
Ensures continued access of the domestic worker to alternative learning system education.

11. Rescue and Rehabilitation of Abused Kasambahay
IMPLEMENTATION:
Rescue and Rehabilitation of Abused Kasambahay
Through the joint efforts of the following government agencies, Joint Memorandum Circular (Protocol on the Rescue and Rehabilitation of Abused Kasambahay) was issued.
The Protocol lays down the procedure as well as the individual responsibilities of the said agencies in rescuing and rehabilitating domestic workers which were reported to have been abused by their employers.
DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD)
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT (DILG)
DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE)
PHILIPPINE NATIONAL POLICE (PNP)
NATIONAL BUREAU OF INVESTIGATION (NBI)

12. IMPLEMENTATION: Other Stakeholders
Trade Unions, Workers’ Organizations, NGOs/CSOs, Employers’ Groups
Responsible for the continued awareness raising and advocacy work to promote and protect the welfare and interests of domestic workers as well as providing inputs to policy development.
Achievements and Ways Forward:
Trade Unions and Workers’ Organizations
Increased level of organization of Domestic Workers [from one (1) prior to ILO C189 to three (3)]
Action Programme on Domestic Work
Plan to create a National Federation of Domestic Workers Unions
Employers’ Groups
To do a compensation survey for Domestic Workers

13. Ratification of ILO C189 Top Level Support
RECOMMENDATIONS ON DEVELOPING A NATIONAL POLICY ON DECENT WORK FOR DOMESTIC WORKERS
Ratification of ILO C189
Pursued through a strong political will, influenced by the efforts of different stakeholders
Top Level Support
Executive and Legislative Branches of Government
Coalition building and advocacies through multi- stakeholders engagement (Coalition TWG: DWs Association, Unions, Employer’s Confederation, CSO/NGO Advocates, Government Agencies, ILO)
Intensive Lobby Work

14. Ceremonial Signing of the Joint Memorandum Circular : Protocol on Rescue and Rehabilitation of Abused Kasambahay
DOLE Secretary Rosalinda Dimapilis-Baldoz together with DSWD Undersecretary Parisha H. Taradji, DILG Director Leocadio T. Trovela, NBI Deputy Director Atty. Edward Villarta and PNP Deputy Director Maria Asuncion Placino sign the Joint Memorandum Circular on Protocol on the Rescue and Rehabilitation of Abused Kasambahay.

15. Advocacy Activity with Tripartite Partners: Kasambahay Day

16. Kasambahay Desk Officers in Action
The Kasambahay Desk Officers of different DOLE Regional Offices attend to the requests for assistance of clients.

17. Thank you! Bureau of Workers with Special Concerns
DEPARTMENT OF LABOR AND EMPLOYMENT