Kasambahay Rights Under the Batas Kasambahay (RA 10361)

Section 4(d) defines a domestic worker or "kasambahay" as any person doing domestic work within an employment relationship, "such as, but not limited to," general househelp, nursemaid or yaya, cook, gardener, or laundry person. Domestic work means work done in or for a household.

Two groups are not covered:

• people who do domestic work only occasionally or sporadically, not as an occupation;
• children under a foster family arrangement who are given access to education and an allowance for school, such as baon.

Section 11 requires a written contract before work starts, in a language both sides understand, with a signed copy for the worker. It must cover duties, period of employment, pay, authorized deductions, hours of work, rest days and leaves, board, lodging and medical attention, any deployment expenses and loans, and how the job can end.

Before hiring, the employer may ask for a medical certificate, barangay and police clearance, NBI clearance and a birth certificate or other proof of age (Section 12). The cost of these is paid by the prospective employer or agency, not the worker. The employer must also register the kasambahay in the Registry of Domestic Workers of the barangay where the employer lives (Section 17).

• No recruitment or finder's fees. No agency or third party may charge the worker any share in the recruitment or finder's fees (Section 13).
• No deposits for breakage. It is unlawful to require deposits from which deductions are made for loss or damage to household items (Section 14).
• No debt bondage. The worker may not be made to work off a debt with no clear terms (Sections 4(a) and 15).
• No withholding of wages. The employer may not withhold the worker's wages, directly or indirectly (Section 28).
• No deductions without consent. Only deductions required by law, or allowed by the worker in writing, may be made (Section 25).

• Treatment. No abuse, physical violence, harassment or degrading acts by the employer or any household member (Section 5).
• Board and lodging. At least three adequate meals a day and humane, safe sleeping arrangements. Help and rest when sick or injured on the job, without loss of benefits. These may never be withheld as punishment (Section 6).
• Privacy. Respect for privacy, including communication and personal things (Section 7).
• Outside communication. Access during free time, and even during work time in an emergency (Section 8).
• Education. The chance to finish basic education, with the work schedule adjusted for it (Section 9).
• Daily rest. An aggregate daily rest period of eight hours (Section 20).
• Weekly rest. At least 24 consecutive hours of rest a week, scheduled in writing. If the worker prefers a certain day for religious reasons, the employer must respect it (Section 21).

Section 25 says wages must be paid on time, in cash, directly to the worker, at least once a month. Paying in vouchers, coupons, tokens or anything other than cash is not allowed. The domestic worker "is entitled to a thirteenth month pay as provided for by law." You can estimate it with the 13th month pay calculator.

Every payday the worker gets a pay slip showing the cash paid and any deductions, and the employer keeps copies for three years (Section 26).

Minimum wage. RA 10361 set minimum wages for kasambahay when it was passed in 2013 and told the Regional Tripartite and Productivity Wage Boards to review and adjust them after one year and periodically after that (Section 24). The rate that applies today depends on the latest wage order in the region. This page does not list current rates.

After at least one year of service, five days of service incentive leave with pay every year. Unused days are not carried over and are "not convertible to cash" (Section 29). See service incentive leave.

A kasambahay who is a solo parent also gets up to seven working days of paid parental leave a year after six months of service with the same employer (Revised IRR of RA 8972, Section 22). See solo parent leave.

After at least one month of service, the kasambahay must be covered by SSS, PhilHealth and Pag-IBIG (Section 30). The employer pays the contributions. But if the kasambahay earns ₱5,000 or more a month, he or she pays the proportionate share, as provided by law. The SSS contribution calculator shows the shares.

At least 15. Section 16 makes it unlawful to employ anyone below 15 years old as a domestic worker. Workers aged 15 to below 18 are "working children." They are entitled to the minimum wage and all benefits under the law, and the special rules of the child protection law (Republic Act No. 7610) apply to them.

The employer cannot deduct the value from wages without the worker's written consent, cannot require deposits to cover losses, and cannot withhold wages (Sections 14, 25 and 28). Crimes are filed with the regular courts, while labor disputes go to the DOLE Regional Office (Section 37). For the crime itself, see qualified theft.

These are made-up examples to show how the rules work. They are not advice for any real case.

Ella and Jun. Ella hires Jun as a live-in gardener in Cebu. They sign a contract in Cebuano listing his duties, pay and rest day. After one month, Ella registers him with SSS, PhilHealth and Pag-IBIG. Jun earns less than ₱5,000 a month, so Ella pays all the contributions.

Nena. Nena is a yaya. Her employer asks her to leave a cash "deposit" in case she breaks something. That is unlawful under Section 14.

Tess. Tess, a cook, is a member of a church that worships on Saturdays. She asks for Saturday as her weekly rest day. Because her preference is based on religious grounds, her employer must respect it.

Labor disputes go to the DOLE Regional Office that covers the workplace, which must try conciliation and mediation before deciding (Section 37). Violations that the law declares unlawful are punished with a fine of ₱10,000 to ₱40,000, without prejudice to civil or criminal cases (Section 40). For what happens when the job ends, see ending kasambahay employment. For the filing steps, see how to file a labor complaint.

Talk to a lawyer or the Public Attorney's Office (PAO) if there is abuse, if the kasambahay is accused of a crime, if a minor is involved, or if wages have been withheld for a long time. These cases may involve both labor and criminal proceedings.

If you cannot afford a lawyer, see Free legal help in the Philippines.