DOMESTIC WORKERS ACT
Republic Act No. 10361 and its
Implementing Rules and Regulation
ATTY. TOMMY DE CASTRO
Republic Act No. 10361
• Labor Code Sections 141 to 152 as amended by R.A.
• 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.
Who is a Domestic Helper or Kasambahay?
• Any person engaged in domestic work within an
employment relationship, whether live in or live
• Such as but not limited to:
▫ Laundry Person
Who is a Domestic Helper or Kasambahay?
▫ Family Drivers;
▫ Service provider;
▫ Children who are under foster family
▫ Any person who performs domestic work only
occasionally or sporadically and not on an
Source: Section 3 (e) Implementing Rules and Regulation
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
• 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
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
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
• Recruitment or finders fee cannot be charged to
• 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.
• 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;
▫ Authorized deductions;
▫ Hours of work and proportionate additional
▫ 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
▫ * Form BK-1
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
• Standard of treatment;
• Board, lodging and medical attendance;
• Right to Privacy
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
• Right to certificate of employment;
• Right to exercise their own religious beliefs and
• P 2,500 for NCR;
• P 2,000 for cities and first class municipalities;
• P 1,500 for those employed in other
Mode of Payment
• Cash only.
• 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.
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.
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.
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.
• 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.
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.
Board, Lodging and Medical
• At least three (3) adequate meals a day, taking into
consideration religious beliefs and cultural
• 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
Rights and Privileges of the Employer
• To require submission of pre-employment
• To recover deployment expenses;
• To demand replacement; and
• To terminate employment.
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.
• 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
Temporary work for another household
• Upon mutual agreement under the following
▫ There is an agreement for the task to be
▫ Additional payment of not less than the minimum
▫ Original employer shall be responsible for any
▫ Employer not charging an amount from the other
household for the arrangement; and
▫ Not to exceed thirty (30) days.
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.
• 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.
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
• Other analogous circumstances.
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.
Certification of Employment
• To be issued within five (5) days from request.
• 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
• There shall be a Kasamabahay master list with the
Barangay which shall be submitted to the Quezon
• Abuse of Rights
Who may report abuse?
• 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
• Barangay Officials;
• Lawyer, counselor, therapist or healthcare provider of
• Two (2) concerned responsible citizen of the city or
municipality where the abuse occurred who has personal
Person to whom report be made
• Any official of the Barangay
• Social worker from LSWDO or DSWD Field
• Police Officer from the Women and Children
Protection Desk; or
• Any officer of the PESO.
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
• 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
• 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,
• Placing the Kasambahay under Debt Bondage
(Section 15, Batas Kasambahay)
• Charging another household for temporarily
performed tasks (Section 23, Batas Kasambahay).
• 1st Offense Ten Thousand Pesos (P 10,000.00)
• 2nd Offense Twenty Thousand Pesos
• 3rd Offencse Thirty Thousand Pesos
• 4th and succeedig offenses Forty Thousand Pesos
This is without prejudice to the filing of
civil/criminal cases by the aggrieved party.
Offense against Working Children
• Will be meted a penalty of one degree higher and
shall be prohibited from hiring a child.