REPUBLIC ACT NO.

10361

Conditions:
Hours of work - 8 hours per day

AN ACT INSTITUTING POLICIES FOR THE

PROTECTION
AND WELFARE OF DOMESTIC WORKERS

40 hours per week

No work 10pm-6am
N hazardous work

Definition of Kasambahay - Refers to any person

engaged in domestic work within an employment
relationship

Access to education and training

Hiring of Kasambahay:
Coverage :
General househelp

Direct Hiring

Yaya

Private employment agencies (PEA)

Cook
Gardener

Cost of Hiring:

Laundry person

. Employer pays the cost of hiring, whether hired

thru PEA

Person who regularly performs domestic work in

one household on an occupational basis

. Kasambahay shall NOT be charged of any

recruitment or finders fees
. Employer pays for deployment expenses

Not covered :
Service providers Family drivers Children under
foster family arrangement

Exception: employer may recover the deployment

costs when kasambahay leaves w/o justifiable
reason within 6 mos.

Person who performs work occasionally or

sporadically and not on an occupational basis.
Per- employment requirements:

Employment of Children as Kasambahay

Medical or health certificate issued by a local

government health officer
Barangay and police clearance

Employable age: Fifteen (15) years old and above

NBI clearance

Authenticated birth certificate, voters

identification card, baptismal record, or passport
showing the kasambahays age.

Daily rest period of 8 hours

NOTE: The cost shall be paid by the prospective

employer or PEA

5 days annual SIL with pay

Weekly rest period

13th month pay

SSS, PhilHealth and Pag-IBIG benefits
Employment contract:
-Requirement of employment contract written in
language understood by employer and
kasambahay.

Monthly minimum wage:

National Capital Region - P2,500.00

-If Kasambahay is below 18 yrs. old, contract shall

be signed by parent or guardian.
-Upon request, Punong Barangay shall read and
explain contents of contract

Contents of Employment Contract:

Duties and responsibilities
Period of employment

Cities and 1st class - P2,000.00

Municipalities Other municipalities - P1 ,500.00

SSS, PhilHeaIth, and Pag-IBIG coverage

-After one (1) month from employment Payment
of premium contributions.
-If monthly wage is less than P5,000.00, employer
will pay.

. Compensation
. Authorized deductions

-If monthly wage is P5,000.00 or more,

kasambahay will pay his/her share in the
premium contributions.

-Hours of work
-Rest days and allowable leaves
Payment of Wages:
-Board, lodging and medical attention
In cash, at least once a month
-Agreements on deployment expenses
-Loan agreement
-Termination of employment

No payment by promissory note, voucher,

coupon, token, ticket, chit

-Any other lawful condition

Provide Kasambahay with Payslip every pay day

containing the amount paid and all deductions
made.

Mandatory benefits:

If any other rights and privileges

Monthly minimum wage

Standard of Treatment

Board, lodging, and medical attendance

-Commission of crime or offense

Right to Privacy

-Violation of the terms and conditions of contract

and other standards

Access to communication facilities

Access to education and training

-Any disease prejudicial to the health of

Kasambahay, employer, or member/s of the
household

Other rights and privileges

-Other analogous causes
> Right to be provided a copy of the employment
contract
> Right to Certificate of Employment

Causes for termination by Employer

> Freedom from employers interference on wage

disposal

- Misconduct or willful disobedience of lawful

order in connection with the work

> Right to form, join or assist labor organization

- Gross or habitual neglect or inefficiency in

performance of duties

> Right to terminate employment

- Fraud or willful breach of trust
> Right to exercise own beliefs and cultural
practices

Provisions protecting employers

-Require pre-employment documents prior to
employment

- Commission of a crime or offense against the

employer or member of the family
- Violation of the terms and conditions of
employment contract and other standards
- Any disease prejudicial to the health of
Kasambahay, employer, or member/s of the
household

-Recover deployment expenses

-Other analogous causes
-Forfeit the 15-day unpaid salary should
Kasambahay leave without any justifiable reason
-Terminate the employment on justifiable grounds.
-Demand replacement
-Prohibit Kasambahay from publicly disclosing
information of the employer

Causes for termination by Kasambahay

-Verbal or emotional abuse
-Inhuman treatment including physical abuse

Entitlements of kasambahay unjustly dismissed

by the employer
a Outright payment of earned wage
b lndemnity benefit n the form of wage
equivalent to 15 days work

Liabilities' of kasambahay who leaves the

employer without justifiable reason
a. Forfeiture of wage equivalent to 15 days work
b. Reimbursement of deployment expenses, if the
employment contract s terminated within six (6)
months from employment

Liability of Private Employment Agencies

-jointly and solidarily liable with the principal
employer for any unpaid wage, wage-related
benefits, and other benefits due the kasambahay.
Responsibilities of PEAs
a. Ensure that kasambahay is not charged
recruitment or placement fees
b. Ensure that employment agreement stipulates
the prescribed terms and conditions of
employment
c. Provide pre-employment orientation briefing
d. Keep copies of employment contracts
e. Assist the kasambahay on complaints against
employers
f. Cooperate with government in rescue
operations involving abused or exploited
kasambahay.

e. Withholding of wages
f. Assignment to non-household work
g. Charging another household for temporarily
performed tasks
Penalties for unlawful acts
-Punishable with administrative fine from P10,000
to P40,000 to be imposed by the DOLE Regional
Offices.

Other remedies for unlawful acts

The aggrieved party may file the appropriate civil
or criminal action before the regular courts.
ARTICLE X

Registration System for Kasambahay

-Duty of employer to register the Kasambahay n
the Baran gay where his/her residence is located
-Punong Barangay is responsible for the Registry
of Kasambahay
-Disclosure of information shall be subject to RA
10173 (Data Privacy Act of 2012)

Rescue and Rehabilitation of Abused

Kasambahay
-Rescue by municipal/city social welfare officer in
coordination with barangay officials and law
enforcement personnel
-Rehabilitation services by Local Social Welfare &
Devt Offices (LSWDOs):
-Temporary shelter
-Counselling
-Free legal services
-Medical or psychological services
-Livelihood and skills training

Mechanism for settlement of disputes

-All labor-related disputes shall be filed at DOLE
Regional Office
-DOLE RO shall exhaust all conciliation and
mediation efforts before decision is rendered

FINAL PROVISIONS
SEC. 43. Separability Clause. If any provision or
part of this Act is declared invalid or
unconstitutional, the remaining parts or
provisions not affected shall remain in full force
and effect.
SEC. 44. Repealing Clause. All articles or
provisions of Chapter III (Employment of
Househelpers) of Presidential Decree No. 442, as
amended and renumbered by Republic Act No.
10151 are hereby expressly repealed. All laws,
decrees, executive orders, issuances, rules and
regulations or parts thereof inconsistent with the
provisions of this Act are hereby repealed or
modified accordingly.
SEC. 45. Effectivity Clause. This Act shall take
effect fifteen (15) days after its complete
publication in the Official Gazette or in at least
two (2) national newspapers of general
circulation.

According to Labor Code

Article 141.
HOUSEHELPERS

Unlawful ads
a. Employment of children below 15 years old
b. Requiring deposits for loss or damage
c. Placing the kasambahay under debt
bondage
d. Interference n disposal of wages

Domestic or Household Service services in

the employers home which is which is usually
necessary or desirable for the maintenance
and
enjoyment
thereof
and
includes
ministering to the personal comfort and
convenience
of
the
members
of
the

employers household, including services of

family drivers.
Rights of Househelpers
1. Not to be assigned to non-household work
2. Reasonable compensation (minimum cash
wage) 3. Lodging, food and medical attendance
4.
If under 18 years, an opportunity for
elementary education cost of which
shall
be
part
of
househelpers
compensation
5. Contract for household service shall
NOT EXCEED 2 years renewable from year
to year
6. Just and humane treatment
7. Right not to be required to work for more
than 10 hrs. a day if the househelper
agrees to work overtime and there is
additional
compensation, the same is
permissible
8. Right to 4 days vacation each month with
pay if the helper does not ask for the
vacation, the number of vacation days
cannot be accumulated, he is only entitled
only to its monetary equivalent.
9. Funeral expenses must be paid by the
employer if the househelper has no relatives
with sufficient means in the place where the
head of the family lives
10. Termination only for just cause
11. Indemnity for unjust termination of service
12. Employment certification as to nature
and duration of service and efficiency and
conduct of the househelper
Art. 143. Minimum wage.
1.
Househelpers shall be paid the following
minimum wage rates:

1.
Eight hundred pesos (P800.00) a month
for househelpers in Manila, Quezon, Pasay, and
Caloocan cities and municipalities of Makati, San
Juan,
Mandaluyong,
Muntinlupa,
Navotas,
Malabon, Paraaque, Las Pias, Pasig, Marikina,
Valenzuela, Taguig and Pateros in Metro Manila
and in highly urbanized cities;
2.
Six hundred fifty pesos (P650.00) a
month for those in other chartered cities and
first-class municipalities; and
3.
Five hundred fifty pesos (P550.00) a
month for those in other municipalities.
Provided, That the employers shall review the
employment contracts of their househelpers
every three (3) years with the end in view of
improving the terms and conditions thereof.
Provided, further, That those househelpers who
are receiving at least One thousand pesos
(P1,000.00) shall be covered by the Social
Security System (SSS) and be entitled to all the
benefits provided thereunder. (As amended by
Republic Act No. 7655, August 19, 1993)
Indemnity for Unjust Termination of Service
1. If the period for household service is
fixed, neither the employer nor the
househelper may terminate the contract
before the expiration of the term except for
a just cause.
2. If the househelper is unjustly dismissed,
he
or
she
shall
be
paid
the
compensation already earned + that for 15
days by way of indemnity
3.
If
the
househelper
leaves
without
justifiable reason, he or she shall forfeit
any unpaid salary due him/her not
exceeding 15 days.

Chapter III
EMPLOYMENT OF HOUSEHELPERS
Art. 141. Coverage. This Chapter shall apply to all persons rendering services in households for compensation.
"Domestic or household service" shall mean service in the employers home which is usually necessary or desirable for the
maintenance and enjoyment thereof and includes ministering to the personal comfort and convenience of the members of the
employers household, including services of family drivers.

1.

Art. 142. Contract of domestic service. The original contract of domestic service shall not last for more than two (2) years but
it may be renewed for such periods as may be agreed upon by the parties.
Art. 143. Minimum wage.
Househelpers shall be paid the following minimum wage rates:

1.

Eight hundred pesos (P800.00) a month for househelpers in Manila, Quezon, Pasay, and Caloocan
cities and municipalities of Makati, San Juan, Mandaluyong, Muntinlupa, Navotas, Malabon, Paraaque, Las Pias,
Pasig, Marikina, Valenzuela, Taguig and Pateros in Metro Manila and in highly urbanized cities;

2.

Six hundred fifty pesos (P650.00) a month for those in other chartered cities and first-class
municipalities; and

3.

Five hundred fifty pesos (P550.00) a month for those in other municipalities.
Provided, That the employers shall review the employment contracts of their househelpers every three (3) years with the end in view of
improving the terms and conditions thereof.
Provided, further, That those househelpers who are receiving at least One thousand pesos (P1,000.00) shall be covered by the Social
Security System (SSS) and be entitled to all the benefits provided thereunder. (As amended by Republic Act No. 7655, August
19, 1993)
Art. 144. Minimum cash wage. The minimum wage rates prescribed under this Chapter shall be the basic cash wages which
shall be paid to the househelpers in addition to lodging, food and medical attendance.
Art. 145. Assignment to non-household work. No househelper shall be assigned to work in a commercial, industrial or
agricultural enterprise at a wage or salary rate lower than that provided for agricultural or non-agricultural workers as prescribed herein.
Art. 146. Opportunity for education. If the househelper is under the age of eighteen (18) years, the employer shall give him
or her an opportunity for at least elementary education. The cost of education shall be part of the househelpers compensation, unless
there is a stipulation to the contrary.
Art. 147. Treatment of househelpers. The employer shall treat the househelper in a just and humane manner. In no case
shall physical violence be used upon the househelper.
Art. 148. Board, lodging, and medical attendance. The employer shall furnish the househelper, free of charge, suitable
and sanitary living quarters as well as adequate food and medical attendance.
Art. 149. Indemnity for unjust termination of services. If the period of household service is fixed, neither the employer
nor the househelper may terminate the contract before the expiration of the term, except for a just cause. If the househelper is unjustly
dismissed, he or she shall be paid the compensation already earned plus that for fifteen (15) days by way of indemnity.
If the househelper leaves without justifiable reason, he or she shall forfeit any unpaid salary due him or her not exceeding fifteen (15)
days.
Art. 150. Service of termination notice. If the duration of the household service is not determined either in stipulation or by
the nature of the service, the employer or the househelper may give notice to put an end to the relationship five (5) days before the
intended termination of the service.
Art. 151. Employment certification. Upon the severance of the household service relation, the employer shall give the
househelper a written statement of the nature and duration of the service and his or her efficiency and conduct as househelper.
Art. 152. Employment record. The employer may keep such records as he may deem necessary to reflect the actual terms and
conditions of employment of his househelper, which the latter shall authenticate by signature or thumbmark upon request of the
employer.