Kasambahay Law
The Republic Act 10361 also known as the Kasambahay Law, Domestic Workers Act or
Batas Kasambahay, institutes policies for the protection and welfare of domestic workers,
including househelp, nannies, laundrywomen, and cooks, among others.
The law adheres to the state's aim to protect domestic workers by recognizing their needs,
ensuring they have safe and healthful working conditions, and formulating gender-sensitive
policies and programs. It was signed by President Benigno Simeon Aquino III on 18 January
2013.
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Content
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Rights and privileges of domestic workers
Standard treatment - The domestic worker shall not be subjected to any kind of
abuse, physical violence, or harassment, or any act which degrades their dignity.
Board, lodging and medical attendance - The domestic worker shall be provided
basic necessities which include at least three adequate meals a day and humane
and safe sleeping arrangements. They shall be provided adequate rest and
assistance in case of illnesses and injuries sustained during service. The employer
shall not withdraw these basic necessities in order to punish or discipline the worker.
Guarantee of privacy - The domestic worker's privacy, which extends to all forms of
communication and personal effects, shall be respected.
Access to outside communication - The worker shall be provided access to
outside communication during free time and in case of emergency, even during work
time. If the worker uses the employer’s telephone or other communication facilities,
the costs shall be covered by the worker unless such charges are waived by the
employer.
Right to education and training - The worker shall be provided the opportunity to
finish basic education and be allowed access to alternative learning systems and if
possible, higher education or technical and vocational training. Their schedule shall
be adjusted by the employer to be able to access education or training without
affecting the services required by the employer.
Prohibition against privileged information - All communication and information of
the employer or members of the household shall be treated as privileged and
confidential and shall not be publicly disclosed by the worker during or after
employment. Such privileged information shall be inadmissible in evidence except
when the suit involves the employer or any member of the household in a crime
against persons, property, personal liberty and security, or chastity.
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Pre-employment
An employment contract shall be made between the worker and the employer before
the start of the service, in a language or dialect understood by both parties. The worker
shall be provided a copy of the duly signed contract. The contract shall cover:
Duties and responsibilities of the domestic worker
Period of employment
Compensation
Authorized deductions
Hours of work and proportionate additional payment
Rest days and allowable leaves
Board, lodging, and medical attention
Deployment expenses, if any
Loans
Termination of employment
Any other lawful condition agreed upon by both parties
The Department of Labor and Employment (DOLE) shall create a model employment
contract. In cases where the employment of the domestic worker is facilitated through a
private employment agency, the agency shall keep a copy of all employment contracts
of domestic workers and shall be made available for verification and inspection by
DOLE.
[edit] Pre-employment requirements
Medical certificate or a health certificate issued by a local government health officer
Barangay and police clearance
National Bureau of Investigation (NBI) clearance
Duly authenticated birth certificate or, if not available, any other document showing
the age of the domestic worker (such as voter’s identification card, baptismal record
or passport)
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Employment age of domestic workers - It is unlawful to employ any person below 15
years of age as a domestic worker. Employment of working children shall be subject to
the provisions of the Special Protection of Children Against Child Abuse, Exploitation
and Discrimination Act. They shall be entitled to minimum wage, and all benefits
provided under this act.
Employer's reportorial duties - Employers shall register all workers under their
employment in the Registry of Domestic Workers, in the barangay where the
employer's residence is located.
Skills, training, assessment, and certification - DOLE and the Technical
Education and Skills Development Authority (TESDA) shall provide efficient training,
assessment and certification to workers based on a duly promulgated training
regulation.
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Employment
Health and safety - The employer shall safeguard the health and safety of the
worker.
Daily rest period - The worker shall be entitled to a daily rest period of eight hours
per day.
Weekly rest period - The worker shall be entitled to at least 24 consecutive hours of
rest in a week.
Assignment to non-household work - No domestic worker shall be assigned to
commercial, industrial, or agricultural enterprise work at a wage rate which is lower
than that provided for agricultural or non-agricultural workers. The worker shall be
paid the applicable minimum wage in said cases.
Extent of duty - If agreed upon by both parties, the worker may temporarily perform
a task outside the employer's household for the benefit of another household. It
should be noted that any liability incurred by the worker shall be born by the original
employer. Also, such work performed outside the household shall entitle the worker
to additional payment not less than the existing minimum wage rate of a domestic
worker. It is unlawful for the original employer to charge any amount from the
household where the worker temporarily performed duties.
Minimum wage - The minimum wage of domestic workers shall not be less than:
(a) PHP 2,500 a month for those employed in the National Capital Region (NCR).
(b) PHP 2,000 a month for those employed in chartered cities and first class
municipalities.
(c) PHP 1,500 a month for those employed from other municipalities.
Payment of wages - Wages shall be paid on time. Unless agreed upon by both
parties in written form, the employer shall not deduct any amount from the wages
other than that which is mandated by law. Any object other than the cash wage is
not allowed as payment. The worker is entitled to thirteenth month pay as provided
for by law.
Pay slip - The employer shall provide the worker with a copy of the pay slip which
contains the amount paid in cash every pay day. It should also include all deductions
made, if any. Copies of the pay slip shall be kept by the employer for a period of
three years.
Prohibition on interference in the disposal of wages - It is unlawful for the
employer to interfere with the freedom of the worker to dispose of their wages.
Prohibition against withholding of wages - It is unlawful for the employer to
withhold the wages of the worker.
Leave benefits - A worker who has served at least a year shall be entitled to an
annual service incentive leave of five days with pay. The unused portion of this
annual leave shall not be cumulative or carried over the succeeding years and shall
not be convertible to cash.
Social and other benefits - A worker who has served at least one month shall be
covered by the Social Security System (SSS), the Philippine Health Insurance
Corporation (PhilHealth), and the Home Development Mutual Fund or Pag-ibig, and
shall be entitled to all the benefits in accordance with the law. Contributions shall be
shouldered by the employer. If the worker receives a wage of PHP 5,000 and above
per month, the worker shall pay the proportionate share in the contributions, as
provided by law.
Rescue and rehabilitation of abused domestic workers - Any abused or
exploited worker shall be rescued by a municipal or city social welfare officer or
social welfare officer from the Department of Social Welfare and Development
(DSWD) in coordination with the concerned barangay officials.
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Post-employment
Termination of service - Neither the employer nor the worker may terminate the
contract before the expiration of the term. If the worker is unjustly dismissed, the
worker shall be paid the compensation earned plus the equivalent of 15 days work
by way of indemnity. If the worker leaves without justifiable reason, any unpaid
salary not exceeding the equivalent 15 days work shall be forfeited. The employer
may recover from the worker costs incurred related to the deployment expenses, if
any, provided that the service has been terminated within six months from the
worker's employment.
Termination initiated by the domestic worker - The worker may terminate the
employment relationship at any time before the expiration of the contract if the
worker experiences any of the following:
Verbal or emotional abuse
Inhuman treatment including physical abuse
Commission of crime or offense
Violation of the terms and conditions of the employment contract
Any disease prejudicial to the health of the worker, employer or any member of
the household
Termination initiated by the employer - The employer may terminate the services
of the worker at any time before the expiration of the contract due to any of the
following:
Misconduct or willful disobedience
Gross or habitual neglect or inefficiency in the performance of duties
Fraud or willful breach of trust
Commission of crime or offense
Violation of the terms and conditions of the employment contract
Any disease prejudicial to the health of the worker, employer or any member of
the household
Employment certification - Upon the severance of the employment relationship,
the employer shall issue the worker a certificate of employment which indicates the
nature, duration of service, and work performance of the worker, within five days
from the date when it was requested.
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Private employment agencies
Through a system of licensing and regulation, DOLE shall ensure the protection of
domestic workers hired through PEAs. The PEA shall be jointly and severally liable with
the employer for all the wages, wage-related benefits, and other benefits due a
domestic worker.