(NAR) VOL. 24 NO. 4 / OCTOBER - DECEMBER 2013
Pursuant to the approval of the Pag-IBIG Fund Board of Trustees in its
296th Board Meeting held last 24 July 2013, the following Guidelines on
the Membership of Kasambahays are hereby issued:
A. OBJECTIVES
These guidelines aim to meet the following objectives:
- To promote the rights of the Kasambahays through mandatory
coverage under Pag-IBIG Fund pursuant to R.A. 10361, or the Domestic
Workers Act;
- To provide appropriate policies on the membership registration of Kasambahay and his employer;
- To set corresponding policies on the remittance of Mandatory Savings by the employer; and
- To align policies with R.A. No. 9679, or the Home Development
Mutual Fund Law of 2009 and its corresponding Implementing Rules and
Regulations.
B. DEFINITION OF TERMS
- Kasambahay or Domestic Worker - is someone who works within the
employer’s household, whether on a live-in or live-out arrangement.
- Employer - refers to any person who engages and controls the services of Kasambahay and is a party to the employment contract.
- Live-out Arrangement - an arrangement whereby the kasambahay
works within the employer's household but does not reside therein.
C. MEMBERSHIP COVERAGE
- Membership with the Fund shall be mandatory for the following Kasambahays:
1.1 General Household Helper;
1.2 Yaya (Nanny);
1.3 Cook;
1.4 Gardener;
1.5 Laundry Person;
1.6 Any Person who regularly performs domestic work in one household on an occupational basis (live-out arrangement).
- The following may still register with the Fund under voluntary coverage despite exclusion from Batas Kasambahay:
2.1 Service Providers;
2.2 Family Drivers;
2.3 Any other person who performs work occasionally or sporadically and not on an occupational or regular basis.
D. MEMBERSHIP REGISTRATION
- A Kasambahay shall be considered eligible for membership
registration after rendering at least one (1) month of service to his
employer.
- The Kasambahay shall be required to register with the Fund
online through the Kasambahay Unified Registration System (Kasambahay
URS) and shall accomplish the computerized Unified Registration Form for
Kasambahays.
- The employer of the Kasambahay shall also register with the
Fund online through the Kasambahay URS and shall accomplish the
computerized Unified Registration Form for Employers. Said employer
shall likewise be required to accomplish the computerized Household
Employment Unified Report Form.
- In case of non-availability of the online Kasambahay URS, both
the Kasambahay and the employer shall accomplish the Unified
Registration Form in hard copy. The employer shall also accomplish the
Household Employment Unified Report Form in hard copy. Said forms shall
be submitted to the nearest Pag-IBIG Fund branch.
- Employers who have registered their Kasambahays with the Social
Security System (SSS) or Philippine Health Insurance Corporation
(PhiIHealth) through the Kasambahay URS are already considered
registered with the Fund. The remittance of corresponding contributions
for the said government agencies shall be in accordance with their
respective policies.
E. MONTHLY MANDATORY SAVINGS
- The employer shall be required to remit the first monthly
Mandatory Savings immediately after the employer and Kasambahay's
membership registration with the Fund.
- The Monthly Mandatory Savings (MS) of a Kasambahay, whose
monthly compensation is less than Five Thousand Pesos (P5,000.00) shall
be based on the following rates, and shall be for the account of the
employer:
Monthly Compensation |
Total MS Rate to be Shouldered by Employer |
P1,500 and below |
3% |
Over P1,500 to P4,999 |
4% |
-
In case the Kasambahay's gross monthly
compensation is at least Five Thousand Pesos (P5,000.00), the Kasambahay
and his Employer shall pay their corresponding proportionate share in
the Monthly Mandatory Savings (MS). The maximum monthly compensation to
be used in computing the Kasambahay and corresponding employer share
shall not be more than P5,000.00.
Monthly
Compensation |
MS Rate to be Shouldered
by Kasambahay
|
MS Rate to be
Shouldered by Employer |
P5,000 and above |
2.0% |
2.0% |
F. REMITTANCE OF MANDATORY SAVINGS
- Monthly mandatory savings shall be remitted by the employer to
the nearest Pag-IBIG Fund Office or other Pag-IBIG Fund Accredited
Payment Facilities on or before the 10th day of every month starting
from the date of membership registration.
- The employer shall inform Pag-IBIG Fund of incidences that may
affect Kasambahay's membership with the Fund such as, but not limited
to:
2.1 Leave without pay;
2.2 Resignation;
2.3 Involuntary separation from employment; and
2.4 Death
G. PENALTY PROVISION
A penalty of 1/10 of 1% of the amount due per day of delay
shall be charged to the employer in case of late remittances of monthly
Mandatory Savings. If the employer fails to pay the amount due within
the month, the said penalty shall be charged reckoned from the first day
immediately following the date of full settlement.
H. OTHER PROVISIONS
- No penalty shall be charged to the employer if he registers
his Kasambahay with Pag-IBIG Fund on or before 27 December 2013,
provided that he shall remit the corresponding monthly Mandatory Savings
due reckoned from the first month after the date of employment of the
Kasambahay, or 04 June 2013, whichever comes later.
- If the employer registers his Kasambahay after 27 December
2013, he shall be charged with the corresponding penalties on the amount
due in accordance with paragraph G hereof, reckoned from the first
month after the date of employment of the Kasambahay, or 04 June 2013,
whichever comes later, up to the actual date of settlement.
I. ESCALATION CLAUSE
Any issue that may arise in the interpretation and
implementation of these guidelines shall be resolved by the Department
Manager III or escalated to the next higher level of authority.
J. AMENDMENTS
The Management may amend, modify, revise and/or update the
guidelines as needed; provided, the amendments, modifications, revisions
and updates thereof, are in furtherance of the objectives of this
Program and consistent with the mandate of Pag-IBIG Fund under its
charter and existing laws.
K. EFFECTIVITY
This Circular takes effect immediately.
ATTY. DARLENE MARIE B. BERBERABE
Chief Executive Officer