*GUYS, YOU MAY ALSO REFER TO THE BOOK OF UNGOS. III.

III. To appropriate rest and assistance in case of illnesses and

Kasambahay Law (RA 10361)
Coverage: All domestic workers employed and working within the country
(Sec. 2)
Kasambahay- Any person engaged in domestic work (def. work performed
in or for a household) within an employment relationship such as, but not
limited togeneral househelp, nursemaid or “yaya”, cook, gardener, laundry
person
Excluding: Any person who performs domestic work only occasionally or
sporadically and not on an occupational basis. (Sec. 4(d))
Also excluded:
Children who are under foster family arrangement, and are provided access
to education and given an allowance incidental to education, i.e. “baon”,
transportation, school projects and school activities. (Sec. 4(d))
IRR, Rule XIII, Section 1(b), Book 3: Any person, whether male or
female, who renders services in and about the employer's home and which
services are usually necessary or desirable for the maintenance and
enjoyment thereof, and ministers exclusively to the personal comfort and
enjoyment of the employer's family.
RIGHTS AND PRIVILEGES
I. Not to be subjected to any kind of abuse nor be inflicted any
form of physical violence or harassment or any act tending to
degrade the his/her dignity. (Sec. 5)
LC: 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.
CC: Art. 1694. The head of the family shall treat the house helper in a just
and humane manner. In no case shall physical violence be used upon the
house helper.
injuries sustained during service without loss of benefits. (Sec.
6, par. 2)
LC: Art. 148. Board, lodging, and medical attendance. The employer
shall furnish the house helper, free of charge, suitable and sanitary living
quarters as well as adequate food and medical attendance.
CC: Art. 1690. The head of the family shall furnish, free of charge, to the
house helper, suitable and sanitary quarters as well as adequate food and
medical attendance.
IV. Right to privacy extending to all forms of communications and
personal effects. (Sec. 7)
V. Access to outside communication during free time.
-In case of emergency, access is allowed even during work
time. Costs are to be borne by the kasambahay (Sec. 8)
VI. Right to education and training.
“The employer shall afford the domestic worker the opportunity to
finish basic education and may allow access to alternative learning systems
and, as far as practicable, higher education or technical and vocational
training. “(Sec. 9)
LC: 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 househelper’s compensation, unless there is a stipulation to the
contrary.
CC: Art. 1691. If the house helper is under the age of eighteen years, the
head of the family shall give an opportunity to the house helper for at least
elementary education. The cost of such education shall be a part of the
house helper's compensation, unless there is a stipulation to the contrary.

II. To receive basic necessities, including 3 adequate meals a day

and humane sleeping arrangement that ensure safety. (Sec. 6,
par. 1)
DUTIES
1. Render satisfactory service at all times (Sec. 7)
2. Maintain confidentiality of information pertaining to the employer
or members of the household during and after employment. (Sec.
10)
Kasambahay-Amo Privilege
All communication and information pertaining to the employer or members
of the household 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, and chastity. (Sec. 10)
PRE-EMPLOYMENT
I. Minimum age requirement: 15 years (Sec. 16)
Working children shall:
 be entitled to the minimum wage and other benefits in the
Kasambahay Law.
 not be allowed to work for more than 8 hours a day, and in no case
beyond 40 hours a week (Sec. 12-A, RA 7610)
 not engage in work that is hazardous or likely to be harmful to the
health, safety or morals of children (Sec. 12-D, RA 7610)
 have access to at least primary and secondary education (Sec. 13,
RA 7610)
II. Documentary requirements (optional for direct employers,
mandatory for PEAs):
(a) Medical certificate or a health certificate issued by a local government
health officer;
(b) Barangay and police clearance;
(c) NBI clearance;
(d) 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.
Costs shall be borne by prospective employer or PEA (Sec. 12)
PROHIBITED PRACTICES
I. Charging of recruitment and finder’s fees against the domestic worker
(Sec. 13)
II. Deposits for loss or damage (Sec. 14)
III. Debt Bondage (Sec. 15)
- refers to the rendering of service by the domestic worker as
security or payment for a debt where the length and nature of
service is not clearly defined or when the value of the service is not
reasonably applied in the payment of the debt. (Sec. 4(a))
REPORTORIAL DUTIES
Employers are required to register all domestic workers under their
employment in the Registry of Domestic Workers in the barangay where the
employer’s residence is located.* (Sec. 17)
CONDITIONS OF EMPLOYMENT
I. Daily Rest Period: aggregate of 8 hours (Sec. 20)
II. Weekly rest period: at least 24 consecutive hours (Sec. 21)
 Preference of kasambahay when based on religious
grounds shall be respected
 Kasambahay and employer may agree on:
 Offsetting a day of absence
 Accumulating (not exceeding 5 days)
 Waiving in exchange for an equivalent daily rate
CC: Art. 1695. House helper shall not be required to work more
than ten hours a day.
III. Assignment to non-household work:
The domestic worker shall be entitled to the applicable minimum
wage provided for agricultural or non-agricultural workers, as the
case may be. (Sec. 22)
IV. Assignment to another household:
 Must be mutually agreed upon by domestic worker and employer
 Must be temporary
 Any liability incurred by the domestic worker shall be borne by the
original employer
 Kasambahay is entitled to additional payment of not less than
existing min. wage of a domestic worker
  The original employer cannot charge any amount from the said EMPLOYMENT CONTRACT
household where the service of the domestic worker was • Executed at the commencement of the service
temporarily performed (Sec. 23) • In a language or dialect understood by both the kasambahay and
V. Minimum wage: the employer
A. NCR – Php 2,500/month • Kasambahay shall be provided a duly signed copy of the contract
B. Chartered cities and first-class municipalities – Php 2,000/month • PEAs shall keep copies of all ECs of kasambahays whose
C. Other municipalities – Php 1,500/month employment they facilitated (Sec. 11)
The Regional Tripartite and Productivity Wage Boards (RTPWB)
may review and adjust the minimum wage rates of domestic CONTENTS OF EC
workers. (Sec. 24) 1) Duties and responsibilities of the domestic worker;
VI. Payment of Wages: 2) Period of employment;
 Must be in cash (At least once a month) 3) Compensation;
 No deductions without written consent of kasambahay, except 4) Authorized deductions;
those mandated by law (Sec. 25) 5) Hours of work and proportionate additional payment;
Mandatory Issuance of Pay Slip 6) Rest days and allowable leaves;
 Shall contain amount paid in cash every pay day and indicate all 7) Board, lodging and medical attention;
deductions 8) Agreements on deployment expenses, if any;
 Retention period for employer: 3 years (Sec. 26) 9) Loan agreement;
VII. Non-interference in the disposal of wages (Sec. 27) 10) Termination of employment; and
VIII. Prohibition against withholding of wages 11) Any other lawful condition agreed upon by both parties (Sec. 11)
 Directly or indirectly
 Exception: If domestic worker leaves without justifiable reason, POST-EMPLOYMENT
any unpaid salary not exceeding 15 days shall be forfeited (Sec. SEC. 32. Termination of Service.
28) • Neither the domestic worker nor the employer may terminate the
IX. Service incentive leave benefits: contract before the expiration of the term except for grounds
5 days with pay per annum provided for in Sections 33 and 34 of this Act.
 Kasambahay must have rendered at least 1 year of service • unjustly dismissed- domestic worker shall be paid the
 Non-cumulative compensation already earned plus the equivalent of fifteen (15)
 Non-commutable (Sec. 29) days work by way of indemnity
X. Social benefits: SSS, PhilHealth, Pag-IBIG • domestic worker leaves without justifiable reason- any unpaid
 Kasambahay must have rendered at least 1 month of service salary due not exceeding the equivalent fifteen (15) days work
 If monthly salary is below Php 5,000, employer shoulders shall be forfeited. In addition, the employer may recover from the
contributions domestic worker costs incurred related to the deployment
 If Php 5,000 and above, kasambahay pays the proportionate share expenses, if any: Provided that the service has been terminated
(Sec. 30) within six (6) months from the domestic worker’s employment.
XI. Non-diminution of benefits (Sec. 41)
LABOR CODE
 Art. 149. Indemnity for Unjust Termination of Services
• If period fixed- neither may pre-terminate except for a just
cause.
 • If 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 househelper leaves without justifiable reason, he or she shall
forfeit any unpaid salary due him or her not exceeding (15)
days.
 If the duration of the domestic service is not
determined either in stipulation or by the nature of the
service, the employer or the domestic worker may give
notice to end the working relationship five (5) days
before the intended termination of the service.
 The domestic worker and the employer may mutually
agree upon written notice to pre-terminate the
contract of employment to end the employment
relationship.
LABOR CODE
 Art. 150. Service of Termination Notice
• If the duration of the household service is not determined
whether 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.
SEC. 33. Termination Initiated by the Domestic Worker. The
domestic worker may terminate the employment relationship at any
time before the expiration of the contract for any of the following
causes:
• (a) Verbal or emotional abuse of the domestic worker by the
employer or any member of the household;
• (b) Inhuman treatment including physical abuse of the
domestic worker by the employer or any member of the
household;
• (c) Commission of a crime or offense against the domestic
worker by the employer or any member of the household;
• (d) Violation by the employer of the terms and conditions of
the employment contract and other standards set forth under
this law;
• (e) Any disease prejudicial to the health of the domestic
worker, the employer, or member/s of the household; and
• (f) Other causes analogous to the foregoing.
LABOR CODE
 Art. 285. Termination by Employee
• without just cause, serve written notice on the employer at
least one month in advance.
• Without serving any notice: (just causes)
1. Serious Insult by the employer or his representative on the
honor and person of the employee
2. Inhuman and unbearable treatment
3. Commission of a Crime
4. Analogous Causes
SEC. 34. Termination Initiated by the Employer. – An employer
may terminate the services of the domestic worker at any time before
the expiration of the contract, for any of the following causes:
• (a) Misconduct or willful disobedience by the domestic
worker of the lawful order of the employer in connection
with the former’s work;
• (b) Gross or habitual neglect or inefficiency by the domestic
worker in the performance of duties;
• (c) Fraud or willful breach of the trust reposed by the
employer on the domestic worker;
• (d) Commission of a crime or offense by the domestic
worker against the person of the employer or any immediate
member of the employer’s family;
• (e) Violation by the domestic worker of the terms and
conditions of the employment contract and other standards
set forth under this law;
• (f) Any disease prejudicial to the health of the domestic
worker, the employer, or member/s of the household; and
 • (g) Other causes analogous to the foregoing.
LABOR CODE
Art. 282. Termination by Employer
1. Serious Misconduct or willful Disobedience
2. Gross and Habitual Neglect
3. Fraud or willful breach of trust
4. Commission of a Crime or Offense
5. Analogous causes
Art. 283. Authorized Causes:
1. Automation
2. Redundancy
3. Retrenchment
4. Closure or Cessation
Art. 284. Disease as Ground for Termination
NOTICE REQUIREMENT
LABOR CODE
TWO-NOTICE REQUIREMENT FOR THE “JUST” AND
“AUTHORIZED” CAUSES
DOMESTIC WORKERS ACT
If the duration of the domestic service is not determined either in
stipulation or by the nature of the service, the employer or the
domestic worker may give notice to end the working relationship
five (5) days before the intended termination of the service.
SEC. 35. Employment Certification-Upon the severance of the
employment relationship, the employer shall issue the domestic
worker within five (5) days from request a certificate of employment
indicating the nature, duration of the service and work performance.
LABOR CODE
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.
PRIVATE EMPLOYMENT AGENCIES
SEC. 36. Regulation of Private Employment
• 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.
• The provision of the Labor Code on qualifications of the
PEAs with regard to nationality, networth, owners and
officers, office space and other requirements, as well as
nontransferability of license and commission of prohibited
practices, shall apply.
• In addition, PEAs shall have the following responsibilities:
(a) Ensure that domestic workers are not charged or levied
any recruitment or placement fees;
(b) Ensure that the employment agreement between the
domestic worker and the employer stipulates the terms and
conditions of employment and all the benefits prescribed by
this Act;
(c) Provide a pre-employment orientation briefing to the
domestic worker and the employer about their rights and
responsibilities in accordance with this Act;
(d) Keep copies of employment contracts and agreements
pertaining to recruited domestic workers which shall be
made available during inspections or whenever required by
the DOLE or local government officials;
(e) Assist domestic workers with respect to complaints or
grievances against their employers; and
(f) Cooperate with government agencies in rescue
operations involving abused or exploited domestic
workers.
SETTLEMENT OF DISPUTES
SEC. 37. Mechanism for Settlement of Disputes
• All labor-related disputes shall be elevated to the DOLE
Regional Office having jurisdiction over the workplace
without prejudice to the filing of a civil or criminal action in
appropriate cases.
• Ordinary crimes or offenses committed under the Revised
Penal Code and other special penal laws by either party shall
be filed with the regular courts.
LABOR CODE
Art. 217 Jurisdiction of the Labor Arbiters and the
Commission- Except claims for Employees Compensation,
SSS, Medicare, and maternity benefits, claims involving an
amount exceeding P5,000 regardless of whether
accompanied with a claim for reinstatement.
Art. 129. Recovery of wages, simple money claims and
other benefits. Claims not exceeding P5,000. Provided, that
such complaint does not include a claim for reinstatement.
ADMINISTRATIVE PROVISIONS
SEC. 18. Skills Training, Assessment and Certification. – To
ensure productivity and assure quality services, the DOLE, through
the Technical Education and Skills Development Authority
(TESDA), shall facilitate access of domestic workers to efficient
training, assessment and certification based on a duly promulgated
training regulation.
SEC. 31. Rescue and Rehabilitation of Abused Domestic
Workers. – Any abused or exploited domestic worker shall be
immediately rescued by a municipal or city social welfare officer or a
social welfare officer from the Department of Social Welfare and
Development (DSWD) in coordination with the concerned barangay
officials. The DSWD and the DILG shall develop a standard
operating procedure for the rescue and rehabilitation of abused
domestic workers, and in coordination with the DOLE, for possible
subsequent job placement.
SEC. 42. Implementing Rules and Regulations- within 90 days
from effectivity of this Act, Dole Secretary, DWSD Secretary, DILG
Secretary, Director general of PNP, in coordination with other
government agencies/NGO’s shall promulgate IRR.
SPECIAL PROVISIONS
SEC. 38. Information Program. – The DOLE shall, in coordination
with the DILG, the SSS, the PhilHealth and Pag-IBIG develop and
implement a continuous information dissemination program on
the provisions of this Act, both at the national and local level,
immediately after the enactment of this law.
SEC. 39. “Araw Ng Mga Kasambahay”. – The date upon which
the President shall approve this “Domestic Workers Act” shall be
designated as the “Araw ng mga Kasambahay”. (January 18)
PENAL AND MISCELLANEOUS PROVISIONS
SEC. 40. Penalty- – Any violation of the provisions of this Act declared
unlawful shall be punishable with a fine of not less than Ten thousand pesos
(P10,000.00) but not more than Forty thousand pesos (P40,000.00)
SEC. 41. Transitory Provision; Non-Diminution of Benefits- All existing
arrangements between a domestic worker and the employer shall be
adjusted to conform to the minimum standards set by this Act within a
period of sixty (60) days after the effectivity of this Act: Provided, That
adjustments pertaining to wages shall take effect immediately after the
determination and issuance of the appropriate wage order by the RTWPBs:
Provided, further, That nothing in this Act shall be construed to cause the
diminution or substitution of any benefits and privileges currently enjoyed
by the domestic worker hired directly or through an agency.