Guidelines on the Barangay Registration of Kasambahay Pursuant to R.A. No. 10361 ( DILG Memorandum Circular No. 061-13 )

July 8, 2013

DILG MEMORANDUM CIRCULAR NO. 061-13

 

I. Background

Republic Act No. 10361 otherwise known as "Domestic Workers Act" or "Batas Kasambahay", was signed on January 18, 2013. Consequently, the Implementing Rules and Regulations (IRR) of the said Act was promulgated on May 9, 2013.

Rule IX of the IRR provides for the registration system for Kasambahay and mandates the Department of the Interior and Local Government (DILG) to issue a circular prescribing the standard Registration Form and Protocols as guide for registration.

II. Purpose

This Circular is being issued to provide guidelines for the barangayregistration of all Kasambahay nationwide.

III. Coverage

This Circular shall cover all Kasambahay or domestic workers employed within the country. A Domestic worker or Kasambahay refers to any person engaged in domestic work within an employment relationship, whether live-in or live-out arrangement, such as but not limited to, general househelp, nursemaid or yaya, cook, gardener, laundry person, or any person who regularly performs daily domestic work in one household on an occupational basis.

The following are not covered: service providers, family drivers, children who are under foster family arrangement or any person who performs domestic work only occasionally or sporadically and not on an occupational basis.

IV. Registration of Kasambahay

All City or Municipal Mayors and Punong Barangays are enjoined to initiate the conduct of the registration of all Kasambahay within their jurisdictions and to require every employer to register his or her domestic workers under his or her employment in the Kasambahay Masterlist (Registry of the Domestic Workers) in the barangay where the employer's residence is located. HcSCED

The Punong Barangay shall devise a system to ensure the registration of all Kasambahay in his or her barangay including an on-line registration through the barangay's official website or e-mail.

A. Start-Up Registration

The City or Municipal Mayor shall organize within the month of July 2013 a start-up registration which shall be held at the City or Municipal Hall, Plaza or any place convenient to the employer or Kasambahay. During the said activity, he or she shall enjoin the Punong Barangays to set up their respective Kasambahay Desks. Representatives from the Pag-IBIG, PhilHealth and SSS shall also be invited to set-up their respective desks to accept application for membership.

For orderly management of schedule of the registration, the City or Municipal Mayor is enjoined to coordinate with the said agencies.

B. Continuous Registration

There shall be a continuous registration of Kasambahay in the barangay. The Punong Barangay, through an Executive Order, shall designate Kasambahay Desk Officer/s who shall be tasked to manage the Kasambahay Desks. He may opt to schedule a special registration day/s on a Saturday or Sunday in his/her barangay wherein representatives from PhilHealth, SSS, Pag-IBIG and other stakeholders may be invited.

The City or Municipal Mayor and the Punong Barangay shall conduct continuous information dissemination regarding the registration of Kasambahay, and on the implementation of the Kasambahay Law.

V. Steps in Registration

The following steps in registration of Kasambahay are hereby prescribed:

A. The employer or his/her duly authorized representative shall:

Submit two (2) copies of accomplished Kasambahay Registration Form (KR Form 1) with the attached signed Kontrata sa Paglilingkod sa Tahanan to the Kasambahay Desk Officer of the barangay where his/her residence is located.

The Kasambahay Registration Form (KR Form 1) and the Kontrata sa Paglilingkod sa Tahanan are available at the Barangay and City or Municipal Public Employment Service Office (PESO). Both forms are also downloadable at www.dilg.gov.ph and www.dole.gov.ph.

B. The Kasambahay Desk Officer shall:

1. Receive the two (2) copies of accomplished Kasambahay Registration Form (KR Form 1) with the attached Kontrata sa Paglilingkod sa Tahanan;

2. Review and assess the completeness of data entries;

3. Stamp the date of receipt and assign a registration control number at the upper right comer of the KR Form 1; and

4. Provide the employer or his authorized representative a duplicate copy which will serve as proof of registration.

VI. Maintenance and Updating of Kasambahay Masterlist

The Kasambahay Desk Officer shall keep a copy of the KR Form 1 with the corresponding signed contract for barangay safekeeping. He or she shall encode or record the information about the Kasambahay in the Kasambahay Masterlist (KR Form 2).

In case of termination of the contract, the employer shall immediately notify the Kasambahay Desk Officer for updating purposes.

VII. Monitoring and Reporting

Monthly Report

1. The Punong Barangay through the Kasambahay Desk Officer shall submit to the local Public Employment Service Office (PESO) a Monthly Kasambahay Report (KR Form 3) which includes data regarding the registration of the Kasambahay.

2. The PESO shall consolidate the Monthly Kasambahay Reports from the component barangays and submit a monthly consolidated report using KR Form 4 to the DILG City or Municipal Office, copy furnished the DOLE District or Provincial Office, as the case maybe.

All reports shall be cumulative.

Semestral Report

A semestral report on the data of registration of Kasambahay shall be prepared and submitted through channel by the DILG Field Offices using the following forms: aITECA

KR Form 5 — City or Municipal Consolidated Report Form

KR Form 6 — Provincial Consolidated Report Form

KR Form 7 — Regional Consolidated Report Form

The Regional Consolidated Report using KR Form 7 shall be submitted every July 15 and January 15 to the DILG Central Office through the National Barangay Operations Office (NBOO).

However, for benchmarking purposes, the Regional Office shall submit an initial Consolidated Report using KR Form 7 not later than October 15, 2013.

VIII. Funding Requirement

The City, Municipal and Barangay governments are authorized to allocate such amount as may be necessary to support the Registration and other related activities.

IX. Disclosure of Information

The disclosure of information about the Kasambahay and the employer by the barangay and the local Public Employment Service Office (PESO) is subject to compliance with the requirements of Republic Act No. 10173 (Data Privacy Act of 2012) and other existing laws. Otherwise, violators shall be subjected to fine or imprisonment.

All DILG Regional Directors and Field Officers are directed to cause the immediate and widest dissemination of this Circular to all local government units within their jurisdictions.

This Circular shall take effect immediately.

(SGD.) MAR ROXASSecretary

ATTACHMENT

Form BK-1

Kontrata sa Paglilingkod sa Tahanan

 

KR Form-1

Kasambahay Registration Form

 

KR Form 4

Monthly Consolidated Kasambahay Report

 

KR Form 2

Kasambahay Masterlist

KR Form 3

Monthly Barangay Consolidated Kasambahay Report

 

KR Form 5

Barangay Consolidated Kasambahay Report

KR Form 6

Provincial Consolidated Kasambahay Report

KR Form 7

Regional Consolidated Kasambahay Report