THE KASAMBAHAY LAW

(Republic Act No. 10361)

Took effect on June 4, 2013
OBJECTIVES:
• To regulate domestic work and establish
standards of protection for the welfare of
domestic workers
• To entitle house helpers to benefits such
as 13th month pay and paid day-offs
WHO IS A KASAMBAHAY?
• general household helpers – yaya, cook, laundry
person, or any person who regularly performs
domestic work whether on a live-in or live-out
arrangement.
• exclude the service providers, family drivers,
children under foster family arrangement, and those
who work occasionally or sporadically within the
household.
• prohibited to employ persons below 15
SALARY AND BENEFITS
• Cities and first-class municipalities - P2,000 cash monthly
• 13th Month Pay
• Payslip – employer shall provide the kasambahay with a copy of the pay
slip every pay day containing the amount paid and all deductions made, if
any.
• SSS monthly contribution is 10.4% of the gross income
• Employer is responsible for 7.07%; Kasambahay covers the 3.33%
• Note: If the salary is less than P5,000 a month, the employer will cover the
entire 10.4%
• PHILHEALTH: P175 a month, to be shouldered by the employer
• PAG-IBIG: P100 for NCR, P80 for other cities and P45 for towns
LOANS

• The employer may extend a loan to the

kasambahay up to an amount not exceeding six
months of wages.
• The payment of the loans shall not exceed 20%
of the wages every month.
• Debt bondage is expressly prohibited.
REST HOURS, LEAVES, VACATIONS
• 8 hours – aggregate daily rest period
• 24 consecutive hours – day off per week
• Schedule for day-off – as agreed upon, taking into account the
kasambahay’s preference based on religious grounds
• Lieu day – the kasambahay may offset a day of absence with a rest
day
• Paid leave – a kasambahay who has served for at least a year shall be
given at least 5 days of leave with pay.
• Paid day-off – the kasambahay can waive a rest day in exchange for
an equivalent pay
FOOD, LODGING, PRIVACY
• The employer shall provide three meals a day, taking account religious
beliefs and cultural practices.
• The employer shall provide a decent sleeping area. The kasambahay shall
still be given a space for rest and access to sanitary facilities even if under a
live-out arrangement.
• The kasambahay shall be allowed to rest and given first aid in case of
illnesses and injuries sustained during service.
• The kasambahay’s communication and personal effects shall be accorded
respect.
• During his or her free-time, the he or she shall be granted access to outside
communication.
KASAMBAHAY’S EDUCATION
• The kasambahay shall be allowed to finish his or her basic
education, consisting of elementary and high school
• He or she shall also be allowed alternative learning
systems – and if feasible – higher education or technical-
vocational training.
• The employer is not required to pay for the education of
the kasambahay.
• The employer should adjust the work schedule of the
kasambahay who goes to school.
OTHER RIGHTS OF THE KASAMBAHAY
•Right to form, join, assist labor
organizations
•Right to be provided a copy of the
contract
•Right to certificate of employment
•Right to exercise own religious beliefs and
cultural practices
THE EMPLOYMENT CONTRACT
• Must be signed by both parties before the kasambahay starts to work; Must be in a
language understood by both
• Must contain the following:
• Duties and responsibilities of the kasambahay
• Period of employment
• Compensation
• Authorized Deductions
• Hours of work and proportionate additional payment
• Rest days and leaves
• Board, lodging and medical attention
• Agreement on deployment expenses, if any
• Termination of employment
• Other lawful conditions agreed upon by both parties
• If kasambahay is below 18, it shall be signed by a parent or guardian, with the punog
barangay officer serving as witness.
RIGHTS OF EMPLOYER
• Prohibition against privileged information
• May require certain pre-employment documents prior to
engagement
• To be assured of quality services through DOLE-TESDA
training, assessment and certain certification of kasambahay
• Forfeiture of 15-day unpaid salary should domestic worker
leave residence of employer without any justifiable reason
• To terminate employment on justifiable grounds
WHEN CAN THE KASAMBAHAY OF EMPLOYER
TERMINATE THE CONTRACT?
• If there is verbal or emotional abuse
• If there is inhumane treatment such as physical abuse
• Any crime against the kasambahay
• Violation of the contract
• If the kasambahay is afflicted with a disease prejudicial to his or her health
or those of the members of the household
• Misconduct or willful disobedience
• Gross or habitual neglect of inefficiency
• Kasambahay is found doing fraudulent acts, crime
• Pregnancy and marriage, however, are not causes for termination
PENALTIES ON UNLAWFUL ACTS UNDER THE LAW

•Administrative fine ranging from

P10,000 to P40,000