The document summarizes the key provisions of the Domestic Workers Act or Batas Kasambahay (Republic Act No. 10361) and its Implementing Rules and Regulations. It defines domestic workers or kasambahay and outlines their rights such as minimum wage, rest periods, leave benefits, and social security coverage. It also discusses employers' responsibilities regarding contracts, wages, treatment of workers, and prohibited acts. Procedures for disputes, reporting abuse cases, and penalties for violations are also summarized.

1. DOMESTIC WORKERS ACT
(Batas Kasambahay)
Republic Act No. 10361 and its
Implementing Rules and Regulation
ATTY. TOMMY DE CASTRO

2. Republic Act No. 10361
• Labor Code Sections 141 to 152 as amended by R.A.
7655.
• New Civil Code Articles 1689 to 1699.
• Signed in to law by President Benigno Aquino III on
January 18, 2013
• Implementing Rules and Regulations was approved
by DOLE, DILG, DSWD, PNP, SSS, Philhealth and
Pag-Ibig on May 09, 2013
• Took effect fifteen (15) days after publication,
(Philippine Star; May 19, 2013 issue) or on
June 04, 2013.

3. Who is a Domestic Helper or Kasambahay?
• Any person engaged in domestic work within an
employment relationship, whether live in or live
out arrangement.
• Such as but not limited to:
▫ Yaya
▫ Cook
▫ Gardener
▫ Laundry Person

4. Who is a Domestic Helper or Kasambahay?
• Excluding:
▫ Family Drivers;
▫ Service provider;
▫ Children who are under foster family
arrangement; and
▫ Any person who performs domestic work only
occasionally or sporadically and not on an
occupational basis.
Source: Section 3 (e) Implementing Rules and Regulation

5. Children under foster family arrangement
• Refers to children who are living with a family or
household of relative/s and are provided access
to education and given an allowance incidental
to education, transportation, school projects and
activities.
• Provided that the procedures and requirements
as described by Repubic Act No. 10165 or the
Foster Care Act of 2012
Source: Section 3 (a) Implementing Rules and Regulations

6. Examples of persons who are doing
work occasionally or sporadically:
• A janitress doing irregular laundry work for a
household during rest day;
• A construction worker doing casual gardening
job for a household; or
• A hospital nurse or a student doing baby-sitting
job.

7. Hiring of Kasambahay
• Hiring can be directly or through a Private
Employment Agency duly licensed by the
Department of Labor and Employment.
• The cost of hiring shall be shouldered by the
Employer
• Recruitment or finders fee cannot be charged to
Kasambahay

8. Pre-Employment Requirements
• Medical certificate or a health certificate issued
by local government health officer
• Barangay and police clearance
• NBI Clearance
• NSO Birth Certificate or any other document
showing age of the Kasambahay such as voter’s
ID, baptismal record or passport.

9. Employment Contract
• Must be in the language or dialect understood by
both the Kasambahay and the employer, and
shall include the followng:
▫ Duties and responsibilities
▫ Period of employment;
▫ Compensation;
▫ Authorized deductions;
▫ Hours of work and proportionate additional
payment;

10. Employment Contract
▫ Rest days and allowable leaves;
▫ Board, lodging and medical attention;
▫ Agreements on deployment expenses, if any;
▫ Loan agreements, if any;
▫ Termination of employment; and
▫ Any other lawful condition agreed upon by the
parties.
▫ * Form BK-1

11. Rights and Privileges of Kasambahay
• Minimum wage
• Daily and weekly rest periods
• Service Incentive Leae
• 13th month pay
• Freedom of disposal of wages
• SSS (RA 7655, August 19, 1993), Pag-ibig and
Philhealth
• Standard of treatment;
• Board, lodging and medical attendance;
• Right to Privacy

12. Rights and Privileges of Kasambahay
• Access to outside communication;
• Access to education and training;
• Right to form, join, or assist labor organization;
• Right to be provided a copy of employment
contract;
• Right to certificate of employment;
• Right to exercise their own religious beliefs and
cultural practices.

13. Minimum Wage
• P 2,500 for NCR;
• P 2,000 for cities and first class municipalities;
• P 1,500 for those employed in other
municipalities.
Mode of Payment
• Cash only.

14. Rest Period
• 8 hours aggregate rest per day
• 24 consecutive hours per week
▫ Employer and Employee to agree on the date
 Religious grounds shall be respected
 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 5 days; or
 Other similar arrangements.

15. Service Incentive Leave
• A Kasambahay who has rendered at least one (1)
year of service is entitled to an annual five (5)
days of leave with pay.
• Not convertible to cash
• Cannot be carried over to the next year.

16. 13th Month Pay
• At least one (1) month service;
• Not less than one-twelfth (1/12) of basic
• Must be paid not later than December 24 of
every year or upon separation of employment.

17. Social Security Benefits
• SSS, Pag-ibig and Philhealth;
• Kasambahay must have rendered at least one (1)
month of service;
• If Kasambahay is earning Five Thousand Pesos (P
5,000.00) or more, the Kasambahay shall shoulder
a proportionate share in the premium payments.
• If the Kasambahay acquires a loan and he/she is
required to increase her premium payments, said
increase shall be borne solely by the Kasamabhay.

18. Employer Loans
• By written agreement, the Employer may extend
assistance to the Kasambahay an amount not
greater than six (6) months of his/her salaray;
• By written agreement, the employer may deduct
the loans from the wages of the Kasambahay.
• Said deduction shall not exceed 20% of the
his/her wages every month.

19. Standard of Treatment
• Shall be treated with respect by the employer or
any member of the household;
• Should not be subject to any kind of abuse
including repeated verbal or psychologial;
• Should not be inflicted with any form of physical
violence or harassment;
• RPC, VAWC (RA 9262), Special Protection of
Children Against Child Abuse, Exploitation and
Disctimination (RA 7610 as amended by RA
9231), Anti-trafficiking in Persons Act of 2003.

20. Board, Lodging and Medical
Attendance
• At least three (3) adequate meals a day, taking into
consideration religious beliefs and cultural
practices;
• Humane sleeping condition that respects privacy;
• Appropriate rest and medical assistance in the form
of first aid medicine for illness and injuries
sustained during service without loss of benefits.
• For live-out adequate rest place and sanitary facility.
• In no case shall any of the above be withheld as a
punishment.

21. Rights and Privileges of the Employer
• To require submission of pre-employment
documents;
• To recover deployment expenses;
• To demand replacement; and
• To terminate employment.

22. Pay Slip

23. Prohibited Acts of the Employer
The Employer is prohibited from:
• withholding of wages;
• Interference in disposal of wages;
• Debt bondage;
• Deposits for loss or damage; and
• Assignment to non-household work.

24. Privileged Communication
• All communication and information pertaining
to the employer or members of the household
shall be treated as privileged and confidential.
• Except if the suit involves the employer or any
member of the household in a crime against
persons, property, personal liberty and security
and chastity.

25. Temporary work for another household
• Upon mutual agreement under the following
conditions:
▫ There is an agreement for the task to be
performed;
▫ Additional payment of not less than the minimum
wage;
▫ Original employer shall be responsible for any
liability incurred;
▫ Employer not charging an amount from the other
household for the arrangement; and
▫ Not to exceed thirty (30) days.

26. Employment of Working Children
• Working children shall not be subjected to:
▫ More than eight (8) hours of work a day or forty
(40) hours per week;
▫ Work between 10:00p.m. to 6:00a.m.; and
▫ Work in hazardous or likely harmful to health,
safety or morals of children.
• Entitled to minimum wage.
• Unlawful to employ children below fifteen (15)
years of age.

27. Post Employment
• If the term of the employment is specified in the
contract, both parties may mutually agree upon
notice to terminate the employment relationship
before the expiration of the term.
• In case the duration is not specified in the
contract, both parties may terminate the
employment relationship before the expiration
of the term.

28. Termination – Initiated by Kasambahay
The Kasambahay may terminate the employment
relationship before the expiration of the term stated
in the contract for any of the following causes:
• Verbal or emotional abuse;
• Inhumane treatment including physical abuse
• Commission of a crime against the Kasambahay by
the employer or any member of the household;
• Ay disease prejudicial to the health of the
Kasambahay, employer and members of the
household; and
• Other analogous circumstances.

29. Termination – Initiated by Employer
The Employer may terminate the employment relationship before the
expiration of the term stated in the contract for any of the following causes:
• Misconduct or willful disobedience of a lawful order;
• Gross or habitual neglect or inefficiency;
• Fraud or willful breach of trust reposed by the Employer;
• Commission of a crime or offense against the Employer or any immediate
member of the employer’s family;
• Violation of the terms and conditions of the contract and other standards
set forth under this IRR;
• Any disease prejudicial to the health of the Kasambahay, the Employer, or
members of the household; and
• Other analogous causes.
Pregnancy is NOT a ground.

30. Certification of Employment
• To be issued within five (5) days from request.

31. Registration
• Employers are mandated to register their
Kasambahays with the Barangay where their
residence is situated.
• DILG through National Barangay Operations Office
shall issue a cicular prescribing the standard
registration form and protocols.
• There shall be a Kasambahay registration desk in
the Barangay.
• There shall be a Kasamabahay master list with the
Barangay which shall be submitted to the Quezon
City Peso.

32. Abuse
• Sexual
• Psychological
• Economic
• Abuse of Rights

33. Who may report abuse?
• Kasambahay
• Parents or guardian;
• Ascendants, descendants or collateral relatives within
fourth (4th) degree;
• Social Workers from LSWDOs or DSWD field office;
• Public officers from the Women and Children Protection
Desks;
• Barangay Officials;
• Lawyer, counselor, therapist or healthcare provider of
Kasambahay;
• Two (2) concerned responsible citizen of the city or
municipality where the abuse occurred who has personal
knowledge.

34. Person to whom report be made
• Any official of the Barangay
• Social worker from LSWDO or DSWD Field
Office
• Police Officer from the Women and Children
Protection Desk; or
• Any officer of the PESO.

35. Settlement of Disputes
• All labor related disputes shall be filed before th DOLE
Field/Provincial/Regional Office having Jurisdiction
over the workplace.
• Shall go under thirty (30) day Single Entry Approach
(SEnA) program to exhaust all efforts to settle.
• If the SEnA fails, a mandatory conference not exceeding
thirty (30) days shall be conducted by the DOLE
Field/Provincial/Regional Office.
• MR within ten (10) days;
• Appeal to the Secretary of Labor within ten (10) days.
• Decision of the Secretary of Labor shall be final and
executory.

36. Unlawful Acts
• Employment of Children below 15 years of age
(Section 16, Batas Kasambahay)
• Witholding of Wages of the Kasambahay (Section
28, Batas Kasambahay)
• Interference in the Disposal of Wages of the
Kasambahay (Section 27, Batas Kasambahay)
• Requiring Deposits for Loss of Damage (Section 14,
Batas Kasambahay)
• Placing the Kasambahay under Debt Bondage
(Section 15, Batas Kasambahay)
• Charging another household for temporarily
performed tasks (Section 23, Batas Kasambahay).

37. Penalties
• 1st Offense Ten Thousand Pesos (P 10,000.00)
• 2nd Offense Twenty Thousand Pesos
(P 20,000.00)
• 3rd Offencse Thirty Thousand Pesos
(P 30,000.00)
• 4th and succeedig offenses Forty Thousand Pesos
(P 40,000.00)
This is without prejudice to the filing of
civil/criminal cases by the aggrieved party.

38. Offense against Working Children
• Will be meted a penalty of one degree higher and
shall be prohibited from hiring a child.

45. Thank you!