Who is a domestic worker or kasambahay?

Domestic worker or kasambahay refer to persons whether male or female, who renders
services in and about the employer's home, and which services are usually necessary or
desirable for maintenance and enjoyment thereof, and ministers exclusively to the personal
comfort and enjoyment of the employer's family.

Who are not contemplated within the concept of a domestic worker? The following are not
contemplated within the concept of a domestic worker:

1. Service providers who undertake to perform a service on their own for a household, free
from the control of the employer except as to the results thereof.
2. Family Drivers
3. Children under foster family agreement. They live with a family or household of relatives
and are provided access to education and given an allowance.
4. Any person who performs domestic work occassionally or sporadically and not on an
occupational basis.

What is the minimum age for the employment of a kasambahay? The minimum age for a
kasambahay is 15 years old. It is a crime to employ anyone younger than that.

How are domestic workers hired? Domestic workers are hired either

1. Directly or
2. Through a private employment agency licensed by the Regional Director of the DOLE

What are the benefits and rights available to kasambahays?

1. Social and other benefits (SSS, Philhealth, and HDMF)

2. Standard of treatment
3. Board, Lodging, and Medical Attendance
4. Right to Certificate of Employment
5. Guarantee to Privacy
6. Access to outside communication
7. Minimum wage
8. Service incentive leave
9. Right to terminate employment
10. Right to be provided a copy of the employment contract
11. Access to education and training
12. Rest period
13. Right to exercise own religious belief and cultural practices
14. Right to form, join, or assist labor organization
15. 13th month pay
16. All other benefits under existing laws.

How is the employment of a kasambahay terminated? The employment of a kasambahay may

be terminated:

1. With Just cause at any time, as long as the following circumstances are present. a.
Misconduct or willful disobedience to a lawful order in connection with the work. b. Gross
 or habitual neglect or inefficiency c. Fraud or willful breach of trust. d. Commission of a
crime or offense by the kasambahay against the person of the employer or any
immediate member of the employer's family e. Violation by the kasambahay of the terms
and conditions of the employment contract
2. Without just cause If there is a stipulated period for the contract, then at the end of such
period If there is no stipulated period, then by giving 5 days advanced notice before the
intended termination. If this is not followed, the employer is liable for salary plus an
indemnity equivalent to 15 days pay.

When are the wages of a kasambahay to be paid? Wages of the kasambahay are to be paid in
cash at least once a month.

What is the form of wages of the kasambahay? Wages shall be in cash, and no employer shall
pay the wages of a domestic worker by means of prommisory notes, vouchers, coupons,
tokens, tickets, chits, or any object other than cash.

What are the allowable deductions to the wages of a kasambahay? There shall be no
deductions to the wages of the kasambahay, except

1. Allowed by the worker through written consent

2. SSS
3. Philhealth
4. PAGIBIG contributions (HDMF)

When are deductions for loss or damage by the kasambahay allowed? Deductions of this kind
are allowable only if:

1. The Kasambahay is clearly shown to be responsible for the loss or damage

2. The Kasambahay is given reasonable opportunity to show cause why the deduction
should not be made
3. The total amount of the deductions is fair and reasonable and shall not exceed the
actual loss or damage
4. The deduction from the wages does not exceed 20% of the kasambahay's wages in a
month.

What is the rule on loans to the kasambahay? An employer may agree to extend loan
assistance to the Kasambahay at an amount not exceeding the equivalent of his/her 6
months'salary.

An agreeement to deduct from the wages in payment of the loan shall not exceed 20% of
his/her monthly wages.