Enhanced Batas Kasambahay Act

TWENTIETH CONGRESS OF THE PHILIPPINES REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 10 P6:01 S. B. No. _ RECENTD BY: INTRODUCED BY SENATOR ALAN PETER "COMPAÑERO" S. CAYETANO AN ACT PROVIDING FOR ADDITIONAL RIGHTS AND BENEFITS TO KASAMBAHAYS UNDER REPUBLIC ACT NO. 10361, ENTITLED "AN ACT INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF DOMESTIC WORKERS", OTHERWISE KNOWN AS THE "DOMESTIC WORKERS ACT" OR "BATAS KASAMBAHAY", AND FOR OTHER PURPOSES EXPLANATORY NOTE "Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and needy." Proverbs 31: 8-9 Kasambahays play a vital role in Filipino households. Through their hard work and care, they ensure the comfort, stability, and well-being of the families they serve. Often regarded as extended members of the household, they enable others to focus on their work and education with peace of mind. But if we are to truly transform the nation, we must begin by reducing social inequalities-starting at home. This means empowering kasambahays with opportunities for self- improvement and lifelong learning. The 1987 Constitution mandates the State to promote social justice and protect all workers. In 2013, Congress passed Republic Act No. 10361 or the "Batas Kasambahay" to safeguard the rights of domestic workers. It established basic labor standards such as contracts, rest periods, social protection, and minimum wage rates. Yet, significant implementation gaps persist. Wages remain low. As of May 2025, regional wage boards set the minimum wage for domestic workers between Php 4,500 (Region XII) and Php 7,000 (National Capital Region),' translating to an average monthly salary of Php 5,750, which is below livable standards. With such limited income, many kasambahays 'DOLE National Wages and Productivity Commission (May 2025). Current Monthly Minimum Wage For Domestic Workers. https://nwpc.dole.gov.ph/current-monthly-minimum- wage-for-domestic workers/

struggle to prioritize needs such as medicines and even continuing education. The nature of their work makes attending formal schooling difficult, and few employers provide time or support for upskilling or alternative learning systems. These persistent challenges drive many domestic workers to seek employment abroad, with the majority of 172,000 Filipino women leaving the country annually engaging in domestic work,? facing renewed risks as OFWs. It is time we adopt a more comprehensive and inclusive approach to safeguard the dignity, well-being, and potential of our kasambahays. This measure strengthens the Batas Kasambahay by introducing key reforms that address their evolving needs. It institutionalizes access to continuing education and skills development by requiring employers to provide at least one (1) hour per day or six (6) hours per week for alternative or skills-based learning, with such time counted as compensable working hours. It also mandates PhilHealth for the coverage of maintenance medicines, recognizing the importance of access to essential medication for managing chronic illnesses and sustaining overall well-being. It likewise allows kasambahays to access their social security retirement benefits earlier, allowing them to avail of these benefits which they can use in various endeavors that they wish to pursue. To ensure accessible learning, the bill creates the Kasambahay Education Inter-Agency Committee, chaired by the Secretary of Labor and composed of TESDA, DepEd, and CHED. The Committee will develop practical modules, address digital access gaps, and formulate policies that balance the rights of kasambahays and employers. No one should remain a kasambahay for life simply because they were never given the chance to grow. By investing in their development, we invest in a more inclusive, just, and forward-moving society. This measure reaffirms our commitment to decent work, health, growth, security, and opportunity for all workers-especially for those who serve in the heart of our homes. In view of the foregoing, approval of this bill is earnestly sought. ALAN FEE RARERO S. CAYETANO ¿ Gender in Geopolitics Institute (February 2024). Filipino Domestic Workers: The Invisible Workforce Product of Globalization, https://igg-geo.org/en/2024/02/12/fli/

TWENTIETH CONGRESS OF THE PHILIPPINES REPUBLIC OF THE PHILIPPINES First Regular Session JUL 10 P6:00 S. B. No. - RECEWED BI: INTRODUCED BY SENATOR ALAN PETER "COMPANERO" S. CAYETANO AN ACT PROVIDING FOR ADDITIONAL RIGHTS AND BENEFITS TO KASAMBAHAYS UNDER REPUBLIC ACT NO. 10361, ENTITLED "AN ACT INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF DOMESTIC WORKERS", OTHERWISE KNOWN AS THE "DOMESTIC WORKERS ACT" OR "BATAS KASAMBAHAY", AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as "Enhanced Batas

2 Kasambahay Act."

Sec. 2. Declaration of Policy, - It is the policy of the State to protect and

promote the right to health of the people while affirming labor as a primary social economic force, protecting the rights of workers and promoting their welfare. It is therefore the responsibility of the State to provide social benefits for the labor force and the underprivileged. The Constitution also encourages non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out- of-school study programs particularly those that respond to community needs. Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, and reduce social, economic, and political inequalities. The provision of additional benefits and access to education, especially to the disadvantaged citizens of our society, works to this end. By providing their services, kasambahays play a vital role in the basic unit of our society. Therefore, it is necessary that the State promote and protect their rights by providing them access to social services and benefits, consistent with the principle of raising the quality of life for all, especially the underprivileged.

Sec. 3. Definition of Terms. - For the purposes of this Act, the following

terms are defined: (a) Kasambahay - refers to any person who is employed or otherwise engaged in domestic work exclusively for one (1) household, whether on a live-in or live-out arrangement, and whose working hours for such household is at least twenty (20) hours per week. Kasambahay shall include individuals performing tasks related to general househelp, caregiving, child-minding, cooking, gardening, and other similar 27 activities, but shall exclude (a) those performing such tasks on a freelance, part-

time, or per-task basis; (b) those performing such tasks occasionally or sporadically and not on an occupational basis; and (c) those who are performing such tasks for multiple households. The definition of a kasambahay found in Republic Act No. 10361 shall 5 remain in effect for the purposes of that law insofar as it is not inconsistent with the purpose of this Act. (b) Alternative Learning Systems or ALS - refers to a learning system 8 that provides for a substitute or option to formal education through practical means. (c) Maintenance drugs or medicines - refer to medications taken regularly or on a recurring basis prescribed to treat chronic and/or long-term illnesses or diseases. (d) Outpatient drugs or medicines - refer to medications that are obtained 13 outside of a hospital.

Sec. 4. Continuing Education. - Without prejudice to Section 20 of Republic

Act No. 10361, otherwise known as the Batas Kasambahay, each kasambahay shall have at least one (1) hour per day, or six (6) hours per week, for continuing alternative or skills education which hours shall be considered as compensable working hours. To make online learning accessible to kasambahay, the Department of Labor and Employment (DOLE), in coordination with the Department of Information and Communications Technology (DICT), shall institute a program to make internet and internet-enabled devices accessible to kasambahays.

Sec. 5. Access to Alternative Learning Systems. - The Technical Education

and Skills Development Authority (TESDA), Department of Education (DepEd), and Commission on Higher Education (CHED) shall provide alternative learning systems to all kasambahays, ensuring that all kasambahays have equal opportunities and access to such systems. These systems shall include applications and online content designed to enable and encourage participation, interaction, and development for upskilling and further study.

Sec. 6. Kasambahay Education Inter-Agency Committee. - There is hereby

created a Kasambahay Education Inter-Agency Committee, hereinafter referred to as the Committee, for the formulation of effective alternative learning framework for all kasambahays. The Committee shall be composed of the Secretary of the DOLE as Chairman, or any official as may be appointed by him, and the respective heads of TESDA, DepEd, and CHED, or any official as may be appointed-by such heads, as members. The Committee shall have the following mandate: (a) Formulate a practical, accessible and convenient module for the alternative learning of kasambahays; (b) Study and implement efficient terms and conditions for the access of kasambahays to alternative learning taking into consideration the right of both employers and kasambahays; (c) Provide efficient access to alternative learning systems, ensuring that kasambahays have access to the necessary tools or gadgets to access online education; and (d) Such other functions as may be deemed necessary for the mplementation of the alternative learning of kasambahays

Sec. 7. Free Maintenance Medicine for Kasambahays. - Maintenance

medicine of kasambahays for illnesses and conditions such as diabetes, hypertension, asthma, tuberculosis, and such other chronic illnesses and conditions to be determined by the DOH shall be purchased by the LGUs of their workplace. Such maintenance medicine purchased shall be legally chargeable and covered by the National Health Insurance Program implemented by PhilHealth. A delivery system must be put in place for monthly or quarterly regular deliveries of such maintenance medicines to kasambahays. Such coverage shall be distinct from in-patient drugs provided during and 10 right after confinement due to the aforementioned illnesses and diseases.

Sec. 8. Earlier Access to Social Security System (SSS) Benefits for

Kasambahays. - A kasambahay who has paid at least sixty (60) monthly contributions prior to the semester of retirement and who: (a) has reached the age of fifty-six (56) years and is already separated from employment; or (b) has reached the age of sixty (60) years, shall be entitled for as long as he lives to the monthly pension: Provided, That he shall have the option to receive his first eighteen (18) monthly pensions in lump sum discounted at a preferential rate of interest to be computed and determined by the SSS.

Sec. 9. Implementing Rules and Regulations. - Within thirty (30) days upon

approval of this Act, the Kasambahay Education Inter-Agency Committee and PhilHealth shall promulgate rules and regulations for the effective implementation of the provisions of this Act.

Sec. 10. Repealing Clause. - All laws, executive orders, presidential

decrees, administrative orders, rules and regulations, issuances, or parts thereof inconsistent with any provision of this Act are hereby repealed or amended accordingly.

Sec. 11. Separability Clause. - If, for any reason, any portion or provision of

this Act shall be held unconstitutional or invalid, the remaining provisions not affected thereby shall continue to be in full force and effect.

Sec. 12. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or at least two (2) national newspapers of general circulation. Approved,