R.A.

10361
(Batas Kasambahay)

Reported by:
Santi Alcantara
Elaine Arenaje
Lyla Formoso

When did the law become

enforceable?
The law became enforceable on 04 June 2013.

Definition of Kasambahay
Refers to any person engaged in domestic
work within an employment relationship

Coverage

general househelp
Yaya
Cook
gardener
laundry person
person who regularly performs domestic work in one
household on an occupational basis (live-out
arrangement)

Not covered

Service providers
Family drivers
Children under foster family arrangement
Person who performs work occasionally or
sporadically and not on an occupational and regular
basis.

Hiring of Kasambahay

Direct Hiring
Through private employment agencies (PEA)
registered with the DOLE regional offices.

Employment of Children as
Kasambahay
Employable age:
Fifteen (15) years old and above

Conditions:
Hours of work 8 hours per day (40 hours per week)
No work between 10pm 6am
No hazardous work
Access to education and training

Cost of Hiring a Kasambahay

Employer pays the cost of hiring, whether hired thru

PEA
Kasambahay shall NOT be charged of any cost of the
recruitment, placement, or finders fee.
Employer pays for the deployment expenses or cost
of transportation

exception: employer may recover the deployment

costs when kasambahay leaves w/o justifiable reason
w/in 6 months

Pre-employment requirements
Employer has the option to require the following from a
kasambahay:
Medical certificate or health certificate issued by a local
government health office
Barangay and police clearance
NBI clearance; and
Duly authenticated birth certificate or, if not available, 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

contract of employment written in a language or

dialect understood by employer and kasambahay
Punong Barangay or a designated officer may attest
to the contract and serve as witness to its execution
If kasambahay is below 18 years old, contract shall
be signed by parent or guardian

Contents of the Employment

Contract
Duties and responsibilities of the kasambahay

Period of employment
Compensation
Authorized deductions
Hours of work and proportionate additional payment
Rest days and allowable leaves
Board, lodging and medical attention
Agreements on deployment expenses, if any
Loan agreement
Termination of employment
An inspection can be made before kasambahay leaves the household
Any other lawful condition agreed upon by both parties.

Registration System for

Kasambahay

Duty of the employer to register the kasambahay in

the Barangay where the residence is located
Punong Barangay is responsible for the Registry of
Kasambahay
Registration is free
Disclosure of information shall be subject to R.A.No.
10173 (Data Privacy Act of 2012)

Mandatory Benefits

Monthly minimum wage

Daily rest period of 8 (total) hours
Weekly rest period of 24 (uninterrupted) hours
5 days annual service incentive leave with pay (after
1 year service)
13th month pay
SSS, PhilHealth, Pag-IBIG benefit

Monthly minimum wage

National Capital Region

- P2,500.00

Cities and 1st class municipalities

Other municipalities

- P1,500.00

P2,000.00

Payment of wages

In cash only, at least once a month

No payment of wages by means of promissory note,

voucher, coupon, token, ticket, chit

Provide the kasambahay with a copy of the pay slip

every pay day containing the amount paid and all
deductions made, if any

SSS, Philhealth, and Pag-IBIG

contributions

After one (1) month of service

Membership is mandatory and non-negotiable
Payment of premium contributions
If monthly wage is less than P 5,000.00, employer will pay
If monthly wage is P 5,000.00 or more, the kasambahay will

pay his/her share in the premiums/contributions

13th Month Pay

After one (1) month of service

In computing the 13th month pay, the total basic
wage received in a given calendar year shall be
divided by 12. The amount derived shall be paid not
later than December 24.

What are the basic necessities of

the kasambahay?
At least three (3) adequate meals a day, taking into
consideration the kasambahays religious beliefs and
cultural practices
Humane sleeping condition
Appropriate rest
basic medical assistance (e.g. paracetamol, mefenamic
acid, antiseptic, etc.) in case of illnesses and injuries
sustained during service
NOTE: SSS, ECC and PhilHealth have programs that can
address the medical expenses of the kasambahay

Is the employer required to

provide the kasambahay with
shampoo, soap, toothpaste, etc.?
Though not part of the basic necessities required to
be provided by the employer to the kasambahay,
these may be provided gratuitously

Other rights & privileges of the

kasambahay

Freedom from employers interference in wage disposal

Standard of treatment
Board, lodging, and medical attendance
Right to privacy
Access to outside communication
Access to education and training
Right to be provided a copy of the employment contract
Right to Certificate of Employment
Right to form, join, or assist labor organization
Right to terminate employment based on just cause
Right to exercise religious beliefs and cultural practices

Other agreements

Service Incentive Leave (SIL) shall be forfeited and cannot

be converted to cash if the kasambahay fails to avail of any
Offsetting a day of absence with a particular rest day
Waiving a particular rest day in return for an equivalent
daily rate of pay
Accumulating rest days not exceeding five (5) days
Adding the accumulated rest days (maximum of 5 days) to
the five-day SIL
Waiving a particular SIL in return for an equivalent daily
rate of pay

Provisions protecting employers

Require pre-employment documents prior to employment

Recover deployment services if the employment contract
is terminated within six (6) months from employment
Forfeit the 15-day unpaid salary should kasambahay
leave without any justifiable reason
Terminate the employment on justifiable grounds
Demand replacement
Prohibit kasambahay from publicly disclosing information
of the employer

Causes for Termination by

Kasambahay

Verbal or emotional abuse of the kasambahay by the employer

or any member of the household
Inhuman treatment including physical abuse of the kasambahay
by the employer or any member of the household
Commission of a crime or offense against the kasambahay by
the employer or any member of the household
Violation by the employer of the terms and conditions of the
employment contract and other standards set forth under the
law
Any disease prejudicial to the health of the kasambahay, the
employer, or member/s of the household
Other analogous causes

Causes for Termination by

Employer

Misconduct or willful disobedience of lawful order of the employer in

connection with the work
Gross or habitual neglect or inefficiency in the performance of duties
Fraud or willful breach of the trust
Commission of a crime or offense against the employer or member
of the family
Violation of the terms and conditions of the employment contract
and other standards
Any disease prejudicial to the health of the kasambahay, the
employer, or member/s of the household
Other analogous causes

Termination of the Contract

Either the employer or the kasambahay may give

notice to end the working relationship five (5) days
before the intended date of the termination of service
upon written notice

Entitlements of Kasamabahay
unjustly dismissed by the
employer

Outright payment of earned wage

Indemnity benefit in the form of wage equivalent to

fifteen (15) days work.

Liabilities of kasambahay who

leaves the employer without
justifiable reason

Forfeiture of wage equivalent to fifteen (15) days

work
Reimbursement of the deployment expenses, if the
employment contract is terminated within six (6)
months from employment

Liabilities of Private Employment

Agencies (PEA)

Assume joint and solidary liability with the employer

for payment of wages, wage-related and other
benefits, including monthly contribution for SSS,
PhilHealth, and Pag-IBIG membership

Declared Responsibilities of PEA

under the law

Ensure that the kasambahay is qualified as required by the employer

Secure the best terms and conditions of employment for the
kasambahay
Ensure that the employment agreement stipulates the terms and
conditions of employment
Provide a pre-employment orientation briefing
Ensure that the kasambahay is not charged recruitment or placement
fees
Keep copies of employment contracts and agreements
Assist the kasambahay in filing complaints against the employers
Cooperate with government agencies in rescue operations involving
abused or exploited kasambahay

Can the employer demand from a

PEA the replacement of a
kasambahay?

Yes. Within one month from the day the kasambahay

reported for work.
The employer may demand a replacement if the
kasambahay:
is found to be suffering from an incurable or contagious disease, or

mental illness as certified by a competent or government physician

abandons the job without justifiable cause, voluntarily resigns,
commits theft or any other analogous acts prejudicial to the
employer or his/her family
is physically or mentally incapable of discharging the minimum
requirements of the job, as specified in the employment contract.

Specific acts declared unlawful

under the law

Employment of children below 15 years of age

Withholding of the kasambahays wages
Interference in the disposal of the kasambahays
wages
Requiring kasambahay to make deposits for loss or
damage
Placing the kasambahay under debt bondage
Charging another household for temporarily
performed tasks.

Penalties for the Commission of

Unlawful Acts

punishable with an administrative fine ranging from P

10,000 to P40,000 to be imposed by the DOLE
Regional Offices

Other remedies for unlawful acts

The aggrieved party may file the appropriate civil or
criminal action before the regular courts.

Rescue and Rehabilitation of

Abused Kasambahay

Immediate rescue by the municipal/city social welfare officer in

coordination with barangay officials and law enforcement
personnel

Rehabilitation services by Local Social Welfare & Development

Offices:
Temporary shelter
Counselling
Free legal services
Medical / psychological services
Livelihood and skills training

Mechanism for settlement of

disputes

All labor-related disputes shall be filed at DOLE

Regional Office
DOLE Regional Office shall exhaust all conciliation
and mediation efforts before decision is rendered

Sample Form of Employment

Contract from DOLE (available in
12 dialects)

Sample Forms from DOLE

Cases
Barcenas v. NLRC, 187 SCRA 498 (1990)
Apex Mining Co. v. NLRC, 196 SCRA 251 (1991)
Ultra Villa Food Haus v. Geniston. 309 SCRA 17 (1999)

THANK YOU