Domestic Worker's Act

“BATAS KASAMBAHAY LAW”
R.A. 10361
JULY 23, 2012
I. IMPORTANT TERMS TO REMEMBER:
1. Domestic worker or “Kasambahay” refers to 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, or laundry person, but shall exclude
any person who performs domestic work only occasionally or sporadically and not
on an occupational basis.
The term shall not include children who are under foster family arrangement,
and are provided access to education and given an allowance incidental to education,
i.e. “baon”, transportation, school projects and school activities.
2. Domestic work refers to work performed in or for a household or households.
3. Debt bondage refers to the rendering of service by the domestic worker as security or
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.
4. Household refers to the immediate members of the family or the occupants of the
house that are directly provided services by the domestic worker.
Question:
Soledad, a widowed school teacher, takes under her wing one of her students, Myko, 13
years old, who was abandoned by his parents and has to do odd jobs in order to study. She allows
Myko to live in her house, provides him with clean clothes, food, and a daily allowance of ₱200.
In exchange, Myko does routine housework, consisting of cleaning the house and doing errands
for Soledad.
One day, a representative of the DOLE and the DSWD came to Soledad's house and
charged her with violating the law that prohibits work by minors. Soledad objects and offers as
a defense that she was not requiring Myko to work as the chores were not hazardous. Further,
she did not give him chores regularly but only intermittently as the need may arise.
Is Soledad's defense meritorious?
Answer:
Yes, Soledad’s defense is meritorious.
1
Under the Kasambahay Law, the term “Domestic Worker” shall not include children who
are under foster family arrangement and are provided access to education and given an allowance
incidental to education, i.e. “baon”, transportation, school projects and school activities.
Here, there is no work being done by a minor since Myka is not considered as a domestic
worker, but a child under a foster family arrangement because she was taken by Soledad like her
own child and the allowance being given was merely incidental to her education.
Hence Soledad’s defense is meritorious.
II. RIGHTS AND PRIVILEGES OF OUR KASAMBAHAYS

The following are the rights and privileges provided by the Law for our kasambahays:
1. Standard of Treatment
The “kasambahay” shall not be subjected 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.
2. Board, Lodging and Medical Attendance
Basic necessities of the domestic worker i.e. at least three (3) adequate meals a day
and humane sleeping arrangements that ensure safety.
Appropriate rest and assistance to the domestic worker in case of illnesses and
injuries sustained during service without loss of benefits.
These basic necessities shall not be withdrawn as punishment or disciplinary action to
the domestic worker.
3. Guarantee of Privacy
Respect for the privacy of the domestic worker shall be guaranteed. This guarantee
equally recognizes that the domestic worker is obliged to render satisfactory service at all
times.
4. Access to Outside Communication.
The employer shall grant the domestic worker access to outside communication
during free time.
Exception: during an emergency access may be allowed during work time.
5. Right to Education and Training.
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.
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6. Prohibition Against Privileged Information.
All communication and information pertaining to the employer or members of the
household shall be treated as privileged and confidential, and shall not be publicly disclosed
by the domestic worker during and after employment. Such privileged information 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.
III. EMPLOYMENT CONTRACT

The law requires that the employer and the employee should execute an employment
contract in the language or dialect understood by both parties. It should include, among
others: Duties and responsibilities of the domestic worker, period of employment,
compensation, etc.
In cases where the employment of the domestic worker is facilitated through a
private employment agency, the PEA shall keep a copy of all employment contracts of
domestic workers, for verification and inspection by the DOLE.
IV. PRE-EMPLOYMENT REQUIREMENTS

Prior to employment, the employer may require the following:
1. Medical/health certificate;
2. Barangay and police clearance;
3. NBI clearance; and
4. Authenticated birth certificate or if n/a, any other document showing the age
of the domestic worker such as voter’s identification card, baptismal record
or passport.
*These however, are standard requirements if the kasambahay is facilitated through a
PEA.
V. PROHIBITED ACTS
It shall be unlawful for the employer to:
1. Require a domestic worker to make deposits from which deductions shall be
made for the reimbursement of loss or damage to tools, materials, furniture
and equipment in the household;
2. Place the domestic worker under debt bondage; and
3. Employ any person below fifteen (15) years of age as a domestic worker.
4. Interfere with the freedom of any domestic worker to dispose of the latter’s
wages.
3
5. Withhold, directly or indirectly, the wages of the domestic worker. If the
domestic worker leaves without any justifiable reason, any unpaid salary for a
period not exceeding fifteen (15) days shall be forfeited.
6. Induce the domestic worker to give up any part of the wages by force, stealth,
intimidation, threat or by any other means whatsoever.
VI. TERMS AND CONDITIONS OF EMPLOYMENT

The law requires that the kasambahay be entitled to: (8,24, P2,500, 1/30,5, 1 and 5k)
1. A safeguard of his/her health and safety;
2. A daily rest period, to an aggregate time of eight (8) hours per day;
3. A weekly rest period, at least twenty-four (24) consecutive hours of rest in
a week. The schedule of the said period shall be agreed upon by the employer
and the domestic worker.
The employer shall respect the preference of the domestic worker as to
the weekly rest day when such preference is based on religious grounds.
4. A minimum wage, which shall not be less than:
A. P2,500.00/month for those employed in the NCR;

B. P2,000.00/month, chartered cities and first class municipalities; and
C. P1,500.00/month for those employed in other municipalities
Payment of wages shall be given directly to the domestic worker at least
once a month, in cash. No deductions allowed unless allowed by the domestic
worker through a written consent.
5. Service Incentive Leave of five (5) days with pay, If the DW has rendered at
least one (1) year of service. No carry-over of the unused portion of SIL to
succeeding years. Unused leaves, not be convertible to cash.
6. SSS, PHILHEALTH, PAG-IBIG AND ANY OTHER BENEFITS,

provided that the DW has rendered at least one (1) month of service.
Generally, premiums are paid by the employer. However, if the DW receives
a wage of P5,000/month or higher, the DW shall pay the proportionate share.
The domestic worker shall not 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.
The domestic worker may temporarily perform a task that is outside the employer’s
household for the benefit of another household, as may be mutually agreed by the parties and
subject to certain conditions.
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VII. TERMINATION
A. GROUNDS, IF TERMINATION IS INITIATED BY THE DW: (VICCO-D)

1. Verbal or emotional abuse of the domestic worker by the employer or any member of
the household;
2. Inhuman treatment including physical abuse of the domestic worker by the employer
or any member of the household;
3. Commission of a crime or offense 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 this law;
5. Other causes analogous to the foregoing.
6. Any disease prejudicial to the health of the domestic worker, the employer, or
member/s of the household;
B. GROUNDS, IF TERMINATION IS INITIATED BY THE EMPLOYER:

(MiGFOVioDO)
1. Misconduct or willful disobedience by the domestic worker of the lawful order of the
employer in connection with the former’s work;
2. Gross or habitual neglect or inefficiency by the domestic worker in the performance of
duties;
3. Fraud or willful breach of the trust reposed by the employer on the domestic worker;
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 and other standards set forth under this law;
6. Any disease prejudicial to the health of the domestic worker, the employer, or
member/s of the household; and
7. Other causes analogous to the foregoing.
VIII. HOW DISPUTES ARE SETTLED
ALL LABOR-RELATED DISPUTES= DOLE REGIONAL OFFICE having

jurisdiction over the workplace without prejudice to the filing of a civil or criminal action. All
conciliation and mediation efforts shall be exhausted.
ORDINARY CRIMES OR OFFENSES= regular courts
IX. PENAL PROVISIONS
Any violation of the provisions of this act declared unlawful shall be punishable of a:
Fine, not less than P10,000 but not more than P40,000.00 and without prejudice to the
filing of appropriate civil or criminal action by the aggrieved party.

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“BATAS KASAMBAHAY LAW”

I. IMPORTANT TERMS TO REMEMBER:

1. Domestic worker or “Kasambahay” refers to any person engaged in domestic work

2. Domestic work refers to work performed in or for a household or households.

Is Soledad's defense meritorious?

Yes, Soledad’s defense is meritorious.

Hence Soledad’s defense is meritorious.

II. RIGHTS AND PRIVILEGES OF OUR KASAMBAHAYS

III. EMPLOYMENT CONTRACT

IV. PRE-EMPLOYMENT REQUIREMENTS

VI. TERMS AND CONDITIONS OF EMPLOYMENT

A. P2,500.00/month for those employed in the NCR;

6. SSS, PHILHEALTH, PAG-IBIG AND ANY OTHER BENEFITS,

The domestic worker shall not be assigned to work in a commercial, industrial or

A. GROUNDS, IF TERMINATION IS INITIATED BY THE DW: (VICCO-D)

B. GROUNDS, IF TERMINATION IS INITIATED BY THE EMPLOYER:

VIII. HOW DISPUTES ARE SETTLED

ALL LABOR-RELATED DISPUTES= DOLE REGIONAL OFFICE having

IX. PENAL PROVISIONS

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