HDMF (Pag-IBIG FUND) CIRCULAR NO. 331, October 07, 2013

GUIDELINES ON THE MEMBERSHIP OF KASAMBAHAYS

National Administrative Register October 7, 2013
Download PDF Source



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:

  1. To promote the rights of the Kasambahays through mandatory
    coverage under Pag-IBIG Fund pursuant to R.A. 10361, or the Domestic
    Workers Act;
  2. To provide appropriate policies on the membership registration of Kasambahay and his employer;
  3. To set corresponding policies on the remittance of Mandatory Savings by the employer; and
  4. 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

  1. Kasambahay or Domestic Worker – is someone who works within the
    employer’s household, whether on a live-in or live-out arrangement.
  2. Employer – refers to any person who engages and controls the services of Kasambahay and is a party to the employment contract.
  3. Live-out Arrangement – an arrangement whereby the kasambahay
    works within the employer’s household but does not reside therein.

C. MEMBERSHIP COVERAGE

  1. 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).

  2. 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

  1. A Kasambahay shall be considered eligible for membership
    registration after rendering at least one (1) month of service to his
    employer.
  2. 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.
  3. 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.
  4. 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.
  5. 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

  1. The employer shall be required to remit the first monthly
    Mandatory Savings immediately after the employer and Kasambahay’s
    membership registration with the Fund.

  2. 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%

  3. 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

  1. 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.
  2. 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

  1. 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.

  2. 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