Department of Labor and Employment

Bureau of Working Conditions

BATAS KASAMBAHAY
Republic Act No. 10361

Timeline
Republic Act 10361

Signing:

18 January 2013

P bli ti
Publication:

25 January
J
2013

Effectivity:

10 February 2013

Implementing Rules and Regulations (IRR)

Signing:

09 May 2013

Publication:

19 May 2013

Coverage
g
General househelp
p
Yaya
Cook
Gardener
Laundry person
Person who regularly performs domestic
work in one household on an occupational
basis

Not covered
Service providers
Family drivers
Children under foster family arrangement
e so who
o pe
performs
o s work
o occas
occasionally
o a yo
or
Person
sporadically and not on an occupational
bas s
basis

Employment of Children as Kasambahay

Employable age:
Fifteen (15) years old and above
C diti
Conditions:
Hours of work - 8 hours per day
40 hours per week
No work 10 pm - 6 am
No hazardous work
Access to education and training

Hiring of Kasambahay
Direct Hiring
Private employment agencies (PEA)

Cost of Hiring
Employer pays the cost of hiring, whether
hired thru PEA
g
of any
Kasambahay shall NOT be charged
recruitment or finders fees
Employer
p y p
pays
y for deployment
p y
expenses
p
exception: employer may recover the
deployment
p y
costs when kasambahay
y
leaves w/o justifiable reason w/n 6 mos.

Pre--employment requirements
Pre
Medical or health certificate issued by a
local government health officer
ffi
Barangay and police clearance
NBI clearance
Authenticated
birth
certificate,
voters
identification card, baptismal record, or
passport showing the kasambahays age.
NOTE: The cost shall be paid by the prospective
employer or PEA

Employment contract
Requirement
q
of employment
p y
contract
written in language understood by
employer and kasambahay
If Kasambahay is below 18 yrs. old, contract
shall be signed
g
by
yp
parent or g
guardian
Upon request, Punong Barangay shall read
and explain contents of contract

Contents of Employment Contract

Duties and responsibilities

P i d off employment
Period
l
t
Compensation
Authorized deductions
Hours of work
es days a
and
da
allowable
o ab e leaves
ea es
Rest
Board, lodging and medical attention
Agreements on deployment expenses
Loan agreement
Termination of employment
A other
Any
th lawful
l f l condition
diti

Mandatory benefits
Monthly minimum wage
Daily rest period of 8 hours
Weekly rest period
5 days annual SIL with pay
13th month pay
SSS, PhilHealth and Pag-IBIG benefits

Monthly minimum wage

National Capital Region

- P2,500.00
P2 500 00

Cities and 1st class

municipalities

- P2,000.00

Other municipalities

- P1,500.00

SSS, PhilHealth,
PhilHealth, and PagPag-IBIG coverage
After one (1) month from employment
Payment of premium contributions
If monthly
thl wage is
i less
l
th
than
P5 000 00
P5,000.00,
employer will pay.
If monthly wage is P5,000.00 or more,
kasambahay will pay his/her share in
the premium contributions.

Payment of Wages
In cash, at least once a month
No payment by promissory note, voucher,
coupon token,
coupon,
token ticket,
ticket chit
Provide Kasambahay with PAYSLIP every
pay day containing the amount paid and
all deductions made, if any

Other rights and privileges

Standard of Treatment
Board, lodging, and medical attendance
Right to Privacy
Access
A
t communication
to
i ti
f iliti
facilities
Access
ccess to
o educa
education
o a
and
d training
a
g

Other rights and privileges

Right to be provided
employment contract

copy

of

the

Right to Certificate of Employment

Freedom from employers interference on
wage disposal
Right to form, join or assist labor organization
Right to terminate employment
Right to exercise own beliefs and cultural
p ac ces
practices

Provisions protecting employers

Require pre-employment

documents prior

to employment
Recover deployment expenses
Forfeiture of 15-day unpaid salary should
Kasambahay leave without any justifiable
reason
Terminate the employment on justifiable
grounds.
Demand replacement
Prohibition against privileged information

Causes for termination by Kasambahay

Verbal or emotional abuse
Inhuman treatment including physical abuse
Commission of crime or offense
Violation of the terms and conditions of
contract and other standards
Any disease prejudicial to the health of
y, employer,
p y , or member/s
/ of the
Kasambahay,
household
Other analogous
g
causes

Causes for termination by Employer

Misconduct or willful disobedience of lawful order in
connection with the work
Gross or habitual neglect
performance of duties
Fraud or willful breach of trust

or

inefficiency

in

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
Other analogous causes

Entitlements of kasambahay unjustly

dismissed by the employer
a Outright payment of earned wage
a.
b. Indemnity benefit in 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
a.
work
b. To reimburse the deployment expenses, if
the employment contract is 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
l t d benefits,
b
fit
and
d
other benefits due the kasambahay

Responsibilities of PEAs
a. Ensure that kasambahay is
recruitment
it
t or placement
l
t fees
f

not

charged

b. Ensure that employment agreement stipulates the

prescribed terms and conditions of employment
c. Provide pre-employment orientation briefing
d. Keep
eep cop
copies
es o
of e
employment
p oy e co
contracts
ac s
e. Assist the kasambahay on complaints against
employers
f. Cooperate with government in rescue operations
involving abused or exploited kasambahay.

Registration System for Kasambahay

Duty
of
employer
to
register
the
Kasambahay in the Barangay 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
y Act of 2012))

Rescue and Rehabilitation of

Abused Kasambahay
Rescue by municipal or city social welfare officer
i coordination
in
i
i
with
i barangay officials
ffi i
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
p
shall be filed at
DOLE Regional Office
DOLE RO shall
h ll exhaust
h
t allll conciliation
ili ti
and mediation efforts before decision is
rendered
d
d

Unlawful acts
a. Employment of children below 15 years old
b. Requiring deposits for loss or damage
c Placing the
c.
bondage

kasambahay

under

debt

d Interference in disposal of wages

d.
e. Withholding of wages
f. Charging
another
household
temporarily performed tasks

for

Penalties for unlawful acts

punishable with administrative fine
from P10,000 to P40,000 to be
i
imposed
d by
b
th
the
DOLE Regional
R i
l
Offices.

Other remedies for unlawful acts

The aggrieved party may file the
appropriate civil or criminal action
b f
before
th regular
the
l courts.
t

For more information

visit the dole website:

www.dole.gov.ph