R.A.
10361 | Agrarian Law and Social Legislation by Ungos
DOMESTIC WORKERS ACT/BATAS KASAMBAHAY
REPUBLIC ACT NO. 10361
NOTES:
Applicability – applies only to domestic workers working within the
Philippines.
Guiding Policies in Applying –
1. The State affirms labor as a primary social force
2. The State respects, promotes, protects and realizes the
fundamental principles and rights at work including, but not
limited to, abolition of child labor, elimination of all forms
of forced labor, discrimination in employment and
occupation, and trafficking in persons, especially women
and children
3. The State adheres to internationally accepted working
conditions for workers in general, and establishes labor
standards for domestic workers in particular, towards decent
employment and income, enhanced coverage of social
protection, respect for human rights and strengthened social
dialogue
4. The State recognizes the need to protect the rights of
domestic workers against abuse, harassment, violence,
economic exploitation and performance of work that is
hazardous to their physical and mental health
5. The State promotes gender sensitive measures in the
formulation and implementation of policies and programs
affecting the local domestic work.
Who Are Considered as Domestic Workers? – is a person engaged
in domestic work within an employment relationship.
Examples: general househelp, yaya, nursemaid, cook, gardener, laundry
person, or person who regularly performs domestic work in one
household on an occupational basis.
Domestic Work – refers to work performed in or for a household or
households.
“Within an Employment Relationship” – the domestic worker
should be hired specifically to perform household work.
In the absence of specific engagement, one cannot be considered as a
domestic worker,
Household – refers to the immediate members of the family or the
occupants of the house that are directly provided services by the
domestic worker.
Persons Not Contemplated Within the Concept of “Domestic
Worker” –
1. Service providers
2. Family drivers
3. Children under foster family arrangement
4. Any other person who performs work occasionally or
sporadically and not on an occupational basis
Service providers are those that carry an independent business and
undertake to perform job, work or service on their own for a
R.C. GATOC NOTES
household, according to their own manner and method, and free from
the control and direction of the employer in all matters in connection
with the performance of the work except as to the results thereof.
Children under foster family agreement live with a family or household
of relatives and are provided access to education and given an
allowance incidental to education, i.e., “baon”, transportation, school
projects, and school activities.
Children or relatives of the domestic worker who live under the
employer’s roof and share the same accommodations provided for the
domestic worker cannot be considered as domestic workers, if they
were not engaged as such and are not required to perform any
substantial household work.
Apex Mining Co., Inc. v. National Labor Relations Commission
G.R. No. 94951 [April 22, 1991]
FACTS: Apex Mining engaged SC to perform laundry service at its
staffhouse. While she was attending to her assigned task, SC
accidentally slipped and hit her back on a stone. As a result of the
accident, SC was unable to continue with her work. Apex Mining the
permitted her to go on leave for medication, but no longer allowed her
to return to work. SC filed a complaint for illegal dismissal against Apex
Mining, who interposed the defense that SC was a domestic helper, not
a regular employee.
HELD: SC is not a domestic worker but Apex Mining’s regular
employee. While it is true that SC’s work as laundrywoman in the
staffhouse is similar to the work of a domestic worker, still she could
not be classified as a domestic worker because she was not working for
a family but for a corporation. The mere fact SC worked within the
premises of Apex Mining, as in its staffhouses for its guests or even for
its officers and employees is an indication that SC is a regular employee
and not a mere domestic worker,
Barcenas v. National Labor Relations Commission
G.R. No. 87210 [July 16, 1990]
FACTS: The Manila Buddhist Temple hired B as secretary and
interpreter. B’s position required her to receive and assist Chinese
visitors to the temple, act as tourist guide for foreign Chinese
visitors, attend to the callers of the Head Monk, attend to the food
for the temple visitors, run errands for the Head Monk, such as
paying utility bills, and act as liaison in some government offices.
After the death of the Head Monk, The Manila Buddhist Temple, the
latter claimed that B was a domestic worker who confined herself to
the personal needs of the Head Monk, and therefore her position was
coterminous with that of her master.
HELD: B is not a domestic worker but a regular employee of the
Manila Buddhist Temple. B’s work cannot be categorized as mere
domestic work but was essential and important to the operation and
religious functions of the temple.
Minimum Age for Employment – 15 years old.
Hiring of Domestic Workers – can be hired directly, or through a
licensed private employment agency.
Private employment agencies that recruit domestic workers should
ascertain the age, physical fitness, and character of the domestic
worker by requiring the latter to submit the following documents:
1. Medical/Health certificate issued by a local government
health officer
2. Barangay and police clearance

3. NBI clearance
4. Birth certificate or if not available, any other document
showing the age of the domestic worker such as voter’s
ID, baptismal record or passport
The prospective employer or agency, as the case may be, shall bear
the cost of the foregoing documents.
Likewise, the employer shall shoulder the cost of hiring, as well as
the expenses used for the domestic worker’s transfer from place of
origin to place of work.
Private Employment Agency – refers to any individual, legitimate
partnership, corporation or entity licensed to engage in the
recruitment and placement of domestic workers for local
employment.
Recruitment of Domestic Workers by Private Employment
Agencies – must obtain a license to operate and authority to recruit
from the Regional Office of DOLE having jurisdiction over the place
where the recruitment activities will be undertaken.
License to Operate – this license contemplates a document issued
by the Secretary of DOLE authorizing a person, partnership or
corporation to operate a private employment agency.
Authority to Recruit – this refers the document issued by the
Secretary of DOLE authorizing a person to conduct recruitment
activities for local employment on behalf of a private employment
agency.
Liability of Private Employment Agencies – jointly and severally
liable with the employer for all the wages and other benefits due a
domestic worker.
Responsibilities of Private Employment Agencies –
1. Ensure that domestic workers are not charged any
recruitment or placement fees
2. Ensure that employment agreement between the domestic
worker and the employer stipulates the terms and
conditions of employment and all the benefits prescribed
under the Domestic Workers Act
3. Provide a pre-employment orientation briefing to the
domestic worker and the employer about their rights and
responsibilities under the Domestic Workers Act
4. Keep copies of employment contracts and agreements
pertaining to recruited domestic workers which shall be
made available during inspections or whenever required
by DOLE or local government officials
5. Assist domestic workers with respect to complaints or
grievances against their employers
6. Cooperate with government agencies in rescue operations
involving abused or exploited domestic workers
7. Ensure that the domestic worker is qualified as required
by the employer
8. Secure the best terms and conditions of employment for
the domestic worker
9. Assume joint and solidary liability with the employer for
payment of wages and other benefits, including monthly
contribution for SSS, Pag-Ibig, PhilHealth
Recruitment and Finder’s Fees – any recruitment or finder’s fees
should not be charged against the domestic worker.
R.C. GATOC NOTES
R.A. 10361 | Agrarian Law and Social Legislation by Ungos
Registration of Domestic Workers – employers are required to
register their domestic workers in the barangay where the
employer’s residence is located.
Employment Contract – the employer and the domestic worker
must execute an employment contract prior to the commencement
of the service. The contract must be written in a language or dialect
understood by both domestic worker and the employer. The
domestic worker should be given a copy of the employment contract.
Basic Contents of an Employment Contract -
1. Duties and responsibilities of the domestic worker
2. Period of employment
3. Compensation
4. Authorized deductions
5. Hours of work and proportionate additional payment
6. Rest days and allowable leaves
7. Board, lodging and medical attention
8. Agreements on deployment expenses, if any
9. Loan agreement
10. Termination of employment
11. Any other lawful condition agreed upon by both parties
If a private employment agency hired the domestic worker, it should
keep a copy of the employment contracts which shall be made
available for DOLE verification and inspection.
Working Conditions of Domestic Workers –
Health and Safety. The employer shall safeguard the health and
safety of the domestic helper, with due consideration of the peculiar
nature of domestic work.
Free Board and Lodging. The employer shall provide necessities
that include:
1. At least 3 adequate meals a day
2. Humane sleeping arrangements
These may not be withdrawn or held in abeyance as punishment
or disciplinary action to the domestic worker.
Medical Attendance. The employer shall provide appropriate rest
and assistance in case of illness or injuries sustained during service.
This benefit may not be withdrawn or held in abeyance as
punishment or disciplinary action to the domestic worker.
Medical attendance, however, excludes hospitalization.
Daily Rest Period. Domestic workers are entitled to an aggregate
daily rest period of 8 hours per day.
Weekly Rest Period. Domestic workers are entitled to a weekly rest
period of at least 24 consecutive hours.
The domestic worker and the employer shall agree in
writing on the schedule of the domestic worker’s weekly rest day.
The domestic worker’s choice of rest day on religious grounds
should be respected.
The domestic worker and the employer may also agree on
the following:
1. Offsetting a day of absence with a particular rest day
2. Waiving a particular rest day in return for an
equivalent daily rate pay
3. Accumulating rest days not exceeding 5 days

4. Other similar arrangements.
Leave Benefits. Domestic workers who have rendered at least 1 year
of service are entitled to an annual service incentive leave of 5 days
with pay. Unused portion of said annual leave is neither cumulative
or convertible to cash.
Proper Wage Payment. Wages should be paid:
1. In cash
2. Directly to domestic worker
3. At least once a month
Minimum Wage. The wage shall not be less than the following:
1. P 2,500.00/month for NCR
2. P 2,000.00/month for chartered cities and 1st class
municipalities
3. P 1,500.00/month for other municipalities
Minimum wage rates are subject to RTWPB review,
determination, and adjustment.
Applicable Wage for Non-Household Work. Entitled to the
applicable minimum wage for prescribed for agricultural or
nonagricultural workers.
Additional Compensation for Temporary Service to Another
Household. Domestic workers are entitled to additional
compensation of not less than the existing minimum wage rate of a
domestic worker in case of temporary work for another household.
13th Month Pay. Domestic workers are entitled to 13th-month pay, as
provided under law.
SSS, PhilHealth, Pag-Ibig. Domestic workers who have rendered at
least 1 month of service shall be covered by the SSS, PhilHealth and
Pag-Ibig.
The employer shoulders the premium contributions if the
monthly wage is less than P 5,000.00.
If the monthly wage is P 5,000.00 or above, the domestic
worker and the employer shall shoulder their respective premium
contributions.
Rights and Privileges of Domestic Workers –
Right to Humane Treatment. The employer or any member of the
household shall not subject a domestic worker to any kind of abuse,
physical violence, harassment or any act tending to degrade the
dignity of a domestic worker.
Any abused shall be immediately rescued by a municipal or city
social welfare officer or a social welfare officer from the DSWD in
coordination with the concerned barangay officials. The DSWD and
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.
Right to Privacy. The employer shall respect the privacy of the
domestic worker at all times. The right to privacy extends to all
forms of communication and personal effects.
Access to Outside Communication. The employer shall grant the
domestic worker access to outside communication during free time.
However, in case of emergency, access to communication shall be
R.C. GATOC NOTES
R.A. 10361 | Agrarian Law and Social Legislation by Ungos
granted even during work time. Should the domestic worker make
use of employer’s telephone or other communication facilities, the
costs shall be borne by the domestic worker, unless such charges are
waived by the employer.
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.
The employer shall adjust the work schedule of the domestic worker
to allow such access to education or training without hampering the
services required by the employer.
Obligations of Domestic Workers.
1. Render satisfactory service at all times
2. Observe the terms and conditions of the employment
contract
3. Refrain from publicly disclosing any communication or
information pertaining to the employer or members of the
household during and after employment.
NOTE: Information that may be divulged by the domestic
worker on the matter are privileged in character and therefor,
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.
Prohibited Activities of Employers –
Prohibition on Debt Bondage. The employer cannot oblige the
domestic worker to render service as security for or in 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.
Prohibition on Interference in the Disposal of Wages. The employer
cannot interfere with the freedom of any domestic worker to dispose
of the latter’s wages. Thus, the domestic worker cannot be obliged
to purchase merchandise, commodities or other properties from the
employer or from any other person, or otherwise make use of any
store or services of such employer or any other person.
Prohibition Against Withholding of Wages. The employer cannot,
directly or indirectly, withhold the wages of the domestic worker.
Likewise, the employer cannot induce the domestic worker to give
up any part of the wages by force, stealth, intimidation, threat or by
any other means whatsoever.
Additional Prohibition Regarding Wages. The employer, unless
allowed by the domestic worker through a written consent, shall
make no deductions from the wages other than that which is
mandated by law.
The employer also cannot pay the wages of a domestic
worker by means of promissory notes, vouchers, coupons, tokens,
tickets, chits, or any object other than cash.
Additional Prohibition Regarding Deposits for Loss or Damage.
The employer cannot oblige domestic worker to make deposits to
answer for loss or damage tools, materials, furniture and equipment
in the household.
Employment of Domestic Worker, When Terminated – if there
is just cause, the domestic worker or the employer can terminate
employment relations any time.
 R.A. 10361 | Agrarian Law and Social Legislation by Ungos

If there is no just cause, the domestic worker or the employer can 2. Charging by the original employer any amount from the
terminate employment relations: household where the service of his domestic worker was
temporarily performed
1. At the end of the stipulated period 3. Requiring the domestic worker to make deposits to answer
2. If there is no stipulated period, by giving 5 days advance for losses or damage to tools, materials, furniture and
notice. equipment in the household
4. Placing the domestic worker under debt-bondage
Effect of Failure to Observe the 5-day Advance Notice 5. Interfering with the freedom of the domestic worker to
dispose of his wages, or forcing, compelling or obliging
These are the consequences if the stipulated period or the the domestic worker to purchase merchandise,
5-day advance notice is not observed: commodities or other properties from the employer or
from any other person, or otherwise make use of any store
On the part of the domestic worker or services of such employer or any other person
6. Withholding the wages of the domestic worker or
1. He forfeits any unpaid salary equivalent to 15 days inducing the domestic worker to give up any part of his
2. He is liable for deployment expenses, if the termination is wages by force, stealth, intimidation, threat or by any
done within 6 months from hiring other means whatsoever.

On the part of the employer Criminal Sanction – punishable with a fine of not less than P
10,000.00 but not more than P 40,000.00.
He is liable for indemnity to the domestic worker in an
amount equivalent to 15 days pay. Araw ng mga Kasambahay – 18th day of January every year.

Grounds for Domestic Workers in Terminating Employment

Relation –

1. Verbal or emotional abuse by the employer or any member

of the household
2. Inhuman treatment including physical abuse by the
employer or any member of the household
3. Commission of a crime against the domestic worker by the
employer or any member of the household
4. Violation by the employer of the terms and conditions of
the employment contract and other standards set forth
under the law
5. If he is suffering from a disease prejudicial to the health of
the domestic worker, to employer, or member/s of the
household
6. Other causes analogous to the foregoing

Grounds for Employers to Validly Dismiss a Domestic Worker

–

1. Misconduct or willful disobedience to lawful order in

connection with the work
2. Gross or habitual neglect or inefficiency
3. Fraud or willful breach of the trust
4. 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
5. Violation by the domestic worker of the terms and
conditions of the employment contract
6. If the domestic worker is suffering from a disease
prejudicial to his health, the health of the employer, or
members of the household
7. Other causes analogous to the foregoing

Certificate of Employment – upon the severance of the

employment relationship, the employer shall issue the domestic
worker within 5 days from request a certificate of employment
indicating the nature, duration of the service, and work performance.

Criminal Offenses Under the Domestic Workers Act –

1. Employing domestic worker who is below 15 years old

R.C. GATOC NOTES