R.A.

10361 – “An Act Instituting Policies for the Protection and Welfare of Domestic Workers”

or BATAS KASAMBAHAY

KASAMBAHAY or Domestic Helper (DH) -any person engaged in domestic work within and employment
relationship, whether on a live-in or live-out arrangement.

Do not include persons who just visits to perform domestic work. Differentiate a live out DH from a DH
who is on call. On-call DH are not covered by the law. DH who lives out but works continuously are
covered.

Minors below 18 but not below 15 may be hired as kasambahay under the following conditions:

For 15-17 years old:

a. Prohibited to work in dangerous jobs. Dangerous means something that can kill or injure or
make them sick.

b. They can be employed on their own (unsupervised by parents or guardians)

For minors below 15:

a.) prohibited to work in dangerous jobs

b). under the responsibility of parents or guardians

c.) the work does not interfere with their education

Kasambahay Law does not include the following:

a. service providers – on-call DH.

b. family drivers

c. children under foster family arrangement

d. any other person who performs work occasionally or sporadically and not on an occupational
and regular basis

Question 1: Under what conditions may the employment of children fifteen (15) but below eighteen
(18) years of age be made?

a. Overtime is not allowed.

They shall not be allowed to work for more than eight (8) hours a day, and in no case
beyond forty (40) hours a week.
b. No night time work.
They shall not be allowed to work between ten o’clock in the evening and six o’clock in the
morning of the following day.
c. They shall not be allowed to do hazardous work; and

d. They shall not be denied access to basic education and training.

Question 2: What are the basic necessities that employers shall provide for the kasambahay?

a. At least three (3) adequate meals a day, taking into consideration the kasambahay’s religious
beliefs and cultural practices.

b. Humane sleeping condition

c. Appropriate rest and basic medical assistance. First-aid medicines (e.g. paracetamol, mefenamic
acid, antiseptic, etc.) in case of illnesses and injuries sustained during service. SSS, ECC and PhilHealth
have programs that can address the medical expenses of the kasambahay.

Question 3: Is the kasambahay entitled to daily rest period? Can he/she be required to do overtime
work? Yes. A kasambahay is entitled to a total daily rest period of at least 8 hours. In other words, a
kasambahay may be required to work for 16 hours a day. Minors cannot be compelled to work
overtime. For work hours that do not exceed 16 hours a day, no overtime pay.

Question 4: Is the kasambahay entitled to a weekly rest period? Yes. He is entitled to at least 24
consecutive hours of rest in a week. The kasambahay and the employer may agree to shorten the rest
day, provided the employer pays for the hours worked during the shortened rest day.

Question 5: May a kasambahay invoke Right To Privacy? Yes. Right to privacy is guaranteed at all times.
The employer shall respect right to privacy of the kasambahay. Right to privacy extends to all forms of
communication and personal effects. So his emails are sacred, his cellphone are sacred and even his
mails are sacred.

Question 6: May an employer conduct inspection? The employer and the kasambahay can agree in
their employment contract that an inspection can be made before he/she leaves the household.
Without the agreement, this is illegal and the kasambahay can refuse inspection done by the employer.

Question 7: May a kasambahay demand cccess to outside information? The employer must grant the
kasambahay access to outside communication during free time or in case of emergency even during
work time. This access may be regulated by an employer so as not to compromise the security and
safety of himself and his family. Outside communication only refers to communications with an
immediate family member about his status, health and working conditions. Information concerning the
employer or his family is not covered by this right.

Question 8: Does a kasambahay have Right To Education and Training? The employer shall afford the
domestic worker the opportunity to finish basic education. Higher education, technical or vocational
training is optional as the work schedule permit. As to basic education—elementary it is mandatory as
the word used is shall. Higher education is not demandable.

Question 9: What statutory benefits are available to a kasambahay? SILP, 13th month pay, SSS,
PhilHealth, and Pag-IBIG.
Question 10: Can the employer and the kasambahay terminate the contract anytime? Yes. Either the
employer or the kasambahay may give notice to end the working relationship five (5) days before the
intended date of the termination of service.

Question 11: What are the entitlements of a kasambahay who is unjustly dismissed (actual
dismissal or constructive) by the employer?

a. Outright payment of earned wage; and

b. Indemnity benefit in the form of wage equivalent to fifteen (15) days work.

Question 12: What are the liabilities of a kasambahay who leaves his/her employer without justifiable
reason?

a. Forfeiture of wage equivalent to fifteen (15) days work; and

b. Reimbursement of the deployment expenses, if the employment contract is terminated within

six (6) months from employment.