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Do I have to pay Social Security for domestic helpers?

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Domestic work or “kasambahay” refers to any person engaged in domestic work within an employment relationship such as, but not limited to the following: general house help, 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.

 

One of the most recent law that provides benefits for domestic workers is the Republic Act (R.A.) No. 10361 or Domestic Workers Act or Batas Kasambahay. The Republic Act No. 10361 was a consolidation of Senate Bill No. 78 and House Bill No. 6144, passed by the Senate and House of Representatives and was approved by his Excellency Benigno S. Aquino III, President of the Philippines on 18 January 2013.

 

If you are an employer of a domestic helper, one of the section of RA 10361 which is section 30 says “domestic worker who has rendered at least one month of service shall be covered by the Social Security System (SSS), PhilHealth, 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 section means that all employer needs to shoulder their domestic worker’s payment of contribution to SSS, Philhealth, and Pag-Ibig. But if the domestic worker is receiving a monthly wage of P5000 or above, the domestic worker is required to pay the proportionate share in the contributions.

 

If an employer of domestic worker fails or refuse to comply with this section, it falls under the Revised Social Security Law (RA 8282 of 1997) where the punishment are a fine of not less than P5,000 and not more than P20,000 or imprisonment of not less than 6 years and 1 day, and not more than 12 years, or both, at the discretion of the court.

 

For more information about the Republic Act (R.A.) No. 10361 or Domestic Workers Act, visit http://www.bwsc.dole.gov.ph/publications/learn-more/85-batas-kasambahay.html
 
 
Author: Expatch Editorial Team 

 

 

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