Kasambahay Law

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KASAMBAHAY LAW:

REPUBLIC ACT NO. 10361


Legal Overview: The Kasambahay Law in the Philippines
outlines the rights and benefits of domestic helpers,
including social security, retirement pay, and other
entitlements. While we won't delve into specific legal statutes,
it's important to recognize that the law provides protections
and benefits for household helpers.
- aims to protect the rights and welfare of
domestic workers, commonly known as
kasambahay.
- Barangay will inform the the employers for
the requirements when hiring a Kasambahay:
- SSS
- PAG IBIG
- PHILHEALTH
An employer will be the one to register the
kasambahay to the 3 agencies
- Submision of reports monthly to the City
Mayors Office.

- Employer shall register the kasambahay at the


Barangay Kasambahay Desk

he Kasambahay Law, officially known as Republic Act No. 10361 or


the Domestic Workers Act, aims to protect the rights and welfare of domestic
workers in the Philippines. Here are some key points about this law:

The law applies to domestic workers or “kasambahay,” which includes individuals


engaged in domestic work within an employment relationship. This category
encompasses roles such as gardeners, nannies, cooks, all-around helpers, and
laundrywomen.

However, it does not cover family drivers, service providers, children in foster
family arrangements, or workers who perform domestic work only occasionally or
sporadically (not on an occupational basis).

Age Requirements:
Individuals 15 years old and above are permitted to be employed as
kasambahays.

Those below 18 years old require the consent of their parents or guardians
before employment. Their work hours may differ from kasambahays of legal age, and
they are not allowed to engage in work that negatively affects their health, safety, or
morality.

Conditions of Work:

1. Employers must provide a written contract in a language understood by


both parties. The contract should cover details such as:

1. Duties and responsibilities of the kasambahay


2. Period of employment and compensation
3. Work hours and provisions for additional pay
4. Rest days and allowable leaves
5. Food and lodging

Termination of employment

Other conditions agreed upon by both parties and permitted by the law.

1. The kasambahay has the right to receive a copy of the contract, and a copy
should also be submitted to the municipality where the kasambahay will be
employed for registration.
2. If the kasambahay was hired through a private employment agency or third party,
recruitment or finder’s fees should not be charged to the domestic worker by the
agency.

Payment:
Employers are required to pay domestic workers in cash. No deductions should
be made unless there is a written agreement between the helper and the
employer.
Leaves and Days Off:

Kasambahays are entitled to weekly leaves or a “day off.”


The Kasambahay Law ensures that domestic workers are protected from
exploitation and abuse.

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