Oler eit TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG -5 P4:32 SENATE RECEIVSO BY S. No. _ Introduced by Senator Jinggoy Ejercito Estrada AN ACT ESTABLISHING GREATER RESPONSIBILITY AND ACCOUNTABILITY FROM PRIVATE EMPLOYMENT AGENCIES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 10361, OTHERWISE KNOWN AS THE "BATAS KASAMBAHAY" EXPLANATORY NOTE The enactment of Batas Kasambahay was a long and arduous one. It took years and several Congresses before it was finally passed into law. With all humility, this Representation is privileged to have been given the opportunity to sponsor it in the halls of the Senate in the 15th Congress as then the Chairperson of the Committee on Labor, Employment and Human Resources Development. The consolidated efforts of the Congress and the advocates of the rights and welfare of kasambahays led to the passage of Republic Act No. 10361, otherwise known as the "Domestic Workers Act" or "Batas Kasambahay" on January 18, 2013. The landmark legislation encapsulated the prescribed terms and conditions of employment of the kasambahays as well as the social benefits that should be provided to them. More than one decade after its passage, we have seen the active coordination of various concerned agencies such as the Department of Labor and Employment (DOLE), Philippine Health Insurance Corporation (PhilHealth), Social Security System (SSS), and Home Development Mutual Fund (HDMF) or Pag-Ibig Fund to implement its provisions. Regional Tripartite Wage Boards also prescribed minimum wages for kasambahays.
While we have seen its benefits for the kasambahays, there is a need to provide equal protection to their employers given that fact that the nature and place of their work is so intimate to the latter. Hence, the need to introduce amendments to Republic Act No. 10361. This bill seeks to require private employment agencies (PEA) to ensure that the applicant kasambahay is clear of any criminal records and to conduct actual verification of the residence and the family background of the applicant. Moreover, the PEAs will also be subsidiarily liable in relation to any criminal act committed by the kasambahay in the course of his or her employment for a period of one (1) year. In view of the foregoing, the immediate passage of this bill is earnestly sought. ingerte t. l JINGGOY EJERCITO ESTRADA
Pile oil TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session ) 25 AUG -5 P4:32 SENATE RECEI/SO B S. No. 969 Introduced by Senator Jinggoy Ejercito Estrada AN ACT ESTABLISHING GREATER RESPONSIBILITY AND ACCOUNTABILITY FROM PRIVATE EMPLOYMENT AGENCIES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 10361, OTHERWISE KNOWN AS THE "BATAS KASAMBAHAY" Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:
Section 1. Section 36 of Republic Act No. 10361, otherwise known as the "Batas
Kasambahay", ', is hereby amended to read as follows: "Sec. 36. Regulation of Private Employment Agencies (PEAs). - The DOLE shall, through a system of licensing and regulation, ensure the protection of BOTH THE domestic workers hired through the PEAs AND THEIR EMPLOYERS. "XXX "XXX "In addition, PEAS shall have the following responsibilities: "(A) ENSURE THAT THE DOMESTIC HELPER HAS NO CRIMINAL RECORD, AND THERE IS SUFFICIENT INFORMATION ON THE BONAFIDE RESIDENCE AND FAMILY BACKGROUND THROUGH ACTUAL VERIFICATION, AND TO THE EXTENT POSSIBLE,
SUPPORTED BY RELEVANT DOCUMENTS SUCH AS NATIONAL BUREAU OF INVESTIGATION (NBI), POLICE AND BARANGAY CLEARANCES OR CERTIFICATES, AND BIRTH CERTIFICATES; "[(a)] (B) Ensure that THE domestic worker [s are] IS not charged or levied any recruitment or placement fees; "[(b)] (C) Ensure that the employment agreement between the domestic worker and the employer stipulates the terms and conditions of employment and all the benefits prescribed by this Act; "[(c)] (D) Provide a pre-employment orientation briefing to the domestic worker and the employer about their rights and responsibilities in accordance with this Act; "[(d)] (E) Keep copies of employment contracts and agreements pertaining to THE recruited domestic worker[s] which shall be made available during inspections or whenever required by the DOLE or local government officials; "[(e)] (F) Assist THE domestic worker[s] with respect to complaints or grievances against the [if] employer[s]; and, "[A] (G) Cooperate with government agencies in rescue operations involving AN abused or exploited domestic worker[s]."
Sec. 2. A new sub-section is hereby inserted after Section 36 of the "Batas
Kasambahay" which shall read as follows: "SEC. 36-A. RESPONSIBILITY OF PEAS TO EMPLOYERS. - THE PEA SHALL BE SUBSIDIARILY LIABLE IN RELATION TO ANY CRIMINAL ACT COMMITTED BY THE DOMESTIC WORKER AGAINST THE EMPLOYER IN THE COURSE OF THE DOMESTIC WORKER'S EMPLOYMENT: PROVIDED, THAT SUCH ACCOUNTABILITY SHALL CEASE AFTER ONE (1) YEAR
FROM THE FIRST DAY OF THE DOMESTIC WORKER'S EMPLOYMENT WITH THE EMPLOYER."
Sec. 3. Implementing Rules and Regulations. - Within ninety (90) days from
the effectivity of this Act, the Secretary of Labor and Employment shall, in coordination with the Secretary of Social Welfare and Development, the Secretary of the Interior 6 and Local Government, the Director General of the Philippine National Police, other concerned government agencies, and accredited non-government organizations assisting domestic workers, promulgate the necessary rules and regulations to implement this Act.
Sec. 4. Separability Clause. - If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision or part not otherwise affected shall remain valid and subsisting.
Sec. 5. Repealing Clause. - All laws, decrees, orders, rules and regulations or
parts thereof inconsistent with this Act are hereby repealed or amended accordingly.
Sec. 6. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation. Approved,