KASAMBAHAY

LAW
DOMESTIC WORKERS ACT
“Estrada-Ong Law”
Republic Act No. 10361
KASAMBAHAY LAW (R.A. NO. 10361)

WHAT IS R.A. NO. 10361?

Republic Act No. 10361 is an Act

Instituting Policies for the
Protection and Welfare of
Domestic Workers, otherwise
known as ‘Domestic Workers Act’
or ‘Batas Kasambahay.’
KASAMBAHAY LAW (R.A. NO. 10361)

STATE POLICIES
Section 2

• Abolish child labor

• Eliminate forced labor, discrimination and trafficking
• Establish labor standards for domestic workers
• Enhance coverage of social protection
• Protect rights of domestic workers
KASAMBAHAY LAW (R.A. NO. 10361)

COVERAGE
Section 3

Applies to all domestic

workers employed and
working within the
country.

LCP: Art. 139 [141] Coverage. -

This Chapter shall apply to all
persons rendering services in
households for compensation.
KASAMBAHAY LAW (R.A. NO. 10361)

COVERED BY THE KASAMBAHAY LAW

Section 4

Any person engaged in domestic work within an employment

relationship such as, but not limited to, the following:

general househelp nursemaid or “yaya” cook gardener laundry person

KASAMBAHAY LAW (R.A. NO. 10361)

COVERED BY THE KASAMBAHAY LAW

Section 4

working children or domestic workers 15 any person who regularly performs domestic work
years and above but below 18 years in one household on an occupational basis
of age (live-out arrangement).
KASAMBAHAY LAW (R.A. NO. 10361)

NOT COVERED
Section 4

Service providers Family drivers Children under foster Person who performs work
family arrangement occasionally or sporadically
and not on an occupational
basis
KASAMBAHAY LAW (R.A. NO. 10361)

LCP: Art. 139 [141]

“Domestic or household service” shall mean service in

the employer's 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 employer's
household, including services of family
KASAMBAHAY LAW (R.A. NO. 10361)

RIGHTS AND PRIVILEGES

Section 5

Standard of Treatment. – The employer or any member

of the household shall not subject a domestic worker or
"kasambahay" to any kind of abuse nor inflict any form
of physical violence or harassment or any act tending to
degrade the dignity of a domestic worker.

LCP: Art. 145 [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.
KASAMBAHAY LAW (R.A. NO. 10361)

RIGHTS AND PRIVILEGES

Section 6
Board, Lodging and Medical Attendance – The employer shall provide for the
basic necessities of the domestic worker to include at least three (3) adequate
meals a day and humane sleeping arrangements that ensure safety.
The employer shall provide appropriate rest and assistance to the domestic
worker in case of illnesses and injuries sustained during service without loss of
benefits.
At no instance shall the employer withdraw or hold in abeyance the provision
of these basic necessities as punishment or disciplinary action to the domestic
worker.

LCP: Art. 146 [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.
KASAMBAHAY LAW (R.A. NO. 10361)

RIGHTS AND PRIVILEGES

Section 7

Guarantee of Privacy. – Respect for the privacy of the

domestic worker shall be guaranteed at all times and
shall extend to all forms of communication and personal
effects. This guarantee equally recognizes that the
domestic worker is obliged to render satisfactory service
at all times.
KASAMBAHAY LAW (R.A. NO. 10361)

RIGHTS AND PRIVILEGES

Section 8

Access to Outside Communication – The employer shall

grant the domestic worker access to outside
communication during free time: Provided, That in case
of emergency, access to communication shall be granted
even during work time. Should the domestic worker
make use of the employer’s telephone or other
communication facilities, the costs shall be borne by the
domestic worker, unless such charges are waived by the
employer.
KASAMBAHAY LAW (R.A. NO. 10361)

RIGHTS AND PRIVILEGES

Section 9

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.

LCP: Art. 144 [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.
 “Kasambahay-Amo
KASAMBAHAY LAW (R.A. NO. 10361)

Privilege”
Section 10

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.
KASAMBAHAY LAW (R.A. NO. 10361)

HIRING OF KASAMBAHAY
 Direct Hiring
 Private employment agencies (PEA)
KASAMBAHAY LAW (R.A. NO. 10361)

COST OF HIRING
Employer pays the cost of hiring, whether hired thru
PEA or thru direct hiring
Kasambahay shall NOT be charged of any recruitment
or finder’s fees
Employer pays for deployment expenses
EXCEPTION: employer may recover the
deployment costs when kasambahay leaves
without justifiable reason within 6 months
KASAMBAHAY LAW (R.A. NO. 10361)

PRE-EMPLOYMENT
Section 11
EMPLOYMENT CONTRACT
 Executed at the commencement of the service
 Written in language understood by employer and
kasambahay
 Kasambahay shall be provided a duly signed copy of the
contract
 If kasambahay is below 18 yrs. old, contract shall be
signed by parent or guardian
 PEAs shall keep copies of all ECs of kasambahays whose
employment they facilitated.
LCP: Art. 140 [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.
KASAMBAHAY LAW (R.A. NO. 10361)

CONTENTS of the
EMPLOYMENT CONTRACT
Section 11

(a) Duties and responsibilities of the domestic worker;

(b) Period of employment;
(c) Compensation;
(d) Authorized deductions;
(e) Hours of work and proportionate additional payment;
(f) Rest days and allowable leaves;
(g) Board, lodging and medical attention;
(h) Agreements on deployment expenses, if any;
(i) Loan agreement;
(j) Termination of employment; and
(k) Any other lawful condition agreed upon by both parties.
KASAMBAHAY LAW (R.A. NO. 10361)

PRE-EMPLOYMENT REQUIREMENTS
Section 12

a) Medical certificate or a health certificate issued by a local

government health officer;
b) Barangay and police clearance;
c) National Bureau of Investigation (NBI) clearance; and
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.
Optional for direct employers; Mandatory for PEAs):
Costs shall be borne by prospective employer or PEA
KASAMBAHAY LAW (R.A. NO. 10361)

PROHIBITED PRACTICES

Sec. 13. Charging of recruitment and finder’s fees

against the domestic worker

Sec. 14. Deposits for loss or damage

Sec. 15. Debt Bondage

KASAMBAHAY LAW (R.A. NO. 10361)

EMPLOYMENT AGE
Section 12

EMPLOYABLE AGE:
 15 years old and above
CONDITIONS:
 Hours of work: 8 hours per day; 40 hours per week
 No work from 10 P.M. to 6 A.M.
 No hazardous work
 Access to education and training
KASAMBAHAY LAW (R.A. NO. 10361)

REPORTORIAL DUTIES
Section 17

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.
KASAMBAHAY LAW (R.A. NO. 10361)

EMPLOYMENT
Daily Rest Period: aggregate of 8 hours (Sec. 20)

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:
(a) Offsetting a day of absence with a particular rest day;
(b) Waiving a particular rest day in return for an equivalent
daily rate of pay;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.
KASAMBAHAY LAW (R.A. NO. 10361)

Assignment to Non-Household Work

Section 22

No domestic worker shall be assigned to work in a

commercial, industrial or agricultural enterprise at a
wage rate lower than that provided for agricultural or
nonagricultural workers. In such cases, the domestic
worker shall be paid the applicable minimum wage.

LCP: Art. 142 [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.
KASAMBAHAY LAW (R.A. NO. 10361)

EXTENT OF DUTY
Section 23

 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
household where the service of the domestic worker was temporarily
performed
KASAMBAHAY LAW (R.A. NO. 10361)

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
KASAMBAHAY LAW (R.A. NO. 10361)

MINIMUM WAGE
Section 24

National Capital Region - P2,500.00

Chartered Cities and 1st Class Municipalities - P2,000.00

Other Municipalities - P1,500.00

LCP: Article 141 [143] Minimum Wage.

National Capital Region - P800.00

Chartered Cities and 1st Class Municipalities - P650.00
Other Municipalities - P550.00
KASAMBAHAY LAW (R.A. NO. 10361)

EMPLOYMENT
Sec. 25. Payment of Wages
 Must be in cash
 At least once a month
 No deductions without written consent of kasambahay,
except those mandated by law

Sec. 26. Mandatory Issuance of Pay Slip

 Shall contain amount paid in cash every pay day and
indicate all deductions
 Retention period for employer: 3 years
KASAMBAHAY LAW (R.A. NO. 10361)

EMPLOYMENT
Sec. 27. Non-interference in the disposal of wages

Sec. 28. Prohibition against withholding of wages

 Directly or indirectly

Exception: If domestic worker leaves without justifiable

reason, any unpaid salary not exceeding 15 days shall
be forfeited
KASAMBAHAY LAW (R.A. NO. 10361)

EMPLOYMENT

Sec. 29. Leave Benefits

Service Incentive Leave Benefits:
 5 days with pay per annum
 Kasambahay must have rendered at least
1 year of service
 Non-cumulative
 Non-commutable
KASAMBAHAY LAW (R.A. NO. 10361)

EMPLOYMENT
Sec.30. Social and other Benefits
(SSS, PhilHealth, Pag-IBIG)
 Kasambahay must have rendered at least 1
month of service
 If monthly salary is below Php 5,000, employer
shoulders contributions
 If Php 5,000 and above, kasambahay pays the
proportionate share
KASAMBAHAY LAW (R.A. NO. 10361)

Rescue and Rehabilitation of Abused Domestic Workers

Section 31
Immediate rescue 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.

Rehabilitation services by LSWDOs:

 Temporary shelter
 Counselling
 Free legal services
 Medical or psychological services
 Livelihood and skills training
KASAMBAHAY LAW (R.A. NO. 10361)

POST EMPLOYMENT
Section 32. Termination of Service
Neither the domestic worker nor the employer may terminate the contract before the expiration
of the term except for grounds provided for in Sections 33 and 34 of this Act.

Unjustly dismissed- domestic worker shall be paid the compensation already earned plus the
equivalent of fifteen (15) days work by way of indemnity

Domestic worker leaves without justifiable reason- any unpaid salary due not exceeding the
equivalent fifteen (15) days work shall be forfeited. In addition, the employer may recover from
the domestic worker costs incurred related to the deployment expenses, if any: Provided, That
the service has been terminated within six (6) months from the domestic worker’s employment.

LCP: Art. 147 [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.
KASAMBAHAY LAW (R.A. NO. 10361)

POST EMPLOYMENT
Section 32. Termination of Service

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.

LCP: Art. 148 [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.
KASAMBAHAY LAW (R.A. NO. 10361)

Termination Initiated by the Domestic Worker

Section 33

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.
KASAMBAHAY LAW (R.A. NO. 10361)

Termination Initiated by the Employer.

Section 34

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.
KASAMBAHAY LAW (R.A. NO. 10361)

Employment Certification
Section 35

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.
LCP: Art. 149 [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.
KASAMBAHAY LAW (R.A. NO. 10361)

LCP: Art. 150 [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.
KASAMBAHAY LAW (R.A. NO. 10361)

PRIVATE EMPLOYMENT AGENCIES

Section 36

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
KASAMBAHAY LAW (R.A. NO. 10361)

RESPONSIBILITIES of PEAs
Section 36

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
KASAMBAHAY LAW (R.A. NO. 10361)

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. He, together with SSS, Pag-IBIG and PhilHealth
representatives, shall conduct a COMMON REGISTRATION of all
Kasambahay nationwide.
 START-UP REGISTRATION shall be held in a City or Municipal
Hall or Plaza, organized by the City or Municipal Mayor
immediately after the promulgation of the IRR
 The Punong Barangay shall designate a Registration/Kasambahay
Desk in the Barangay Hall to accommodate CONTINUOUS
REGISTRATION by the employers.
KASAMBAHAY LAW (R.A. NO. 10361)

REGISTRATION SYSTEM for KASAMBAHAY

KASAMBAHAY MASTERLIST
The Punong Barangay shall maintain and update the
Kasambahay Masterlist. The barangay through the
Kasambahay Desks shall submit reports to the LGUs,
through the PESOs, on data regarding registration of the
Kasambahay.
The PESOs shall submit a monthly report to the DILG for
monitoring and data analysis. The report shall be made
available to the DOLE and other concerned government
agencies.
KASAMBAHAY LAW (R.A. NO. 10361)

REGISTRATION SYSTEM for KASAMBAHAY

DISCLOSURE OF INFORMATION
The processing of personal information shall be
allowed, subject to compliance with the
requirements of Republic Act No. 10173 (Data
Privacy Act of 2012) and other laws allowing
disclosure of information to the public and
adherence to the principles of transparency,
legitimate purpose and proportionality.
KASAMBAHAY LAW (R.A. NO. 10361)

MECHANISM FOR SETTLEMENT OF DISPUTES

Section 37

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.
The DOLE Regional Office shall exhaust all conciliation and
mediation efforts before a decision shall be rendered.

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.
KASAMBAHAY LAW (R.A. NO. 10361)

SPECIAL PROVISIONS

Section 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.

Section 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".
KASAMBAHAY LAW (R.A. NO. 10361)

UNLAWFUL ACTS
 Employment of children below 15 years old
 Requiring deposits for loss or damage
 Placing the kasambahay under debt bondage
 Interference in disposal of wages
 Withholding of wages
 Charging another household for temporarily
performed tasks
KASAMBAHAY LAW (R.A. NO. 10361)

PENALTIES for UNLAWFUL ACTS

Section 40

Punishable with administrative fine from

P10,000 to P40,000 to be imposed by the
DOLE Regional Offices
KASAMBAHAY LAW (R.A. NO. 10361)

GROUP MEMBERS:

APIADO, ELYN
FONTANILLA, DIVINA
LINDLEY, CARLITA
VALDEZ, EVIE