Short answer. Yes. Actions for the recovery of wages of household helpers are one of the specific grounds in the Civil Code under which attorney's fees may be awarded without any contract or stipulation requiring them. The court may grant these fees if she prevails.
What the law says
In actions for the recovery of wages of household helpers, laborers and skilled workers
Civil Code, Article 2208 — When Attorney's Fees Are Recoverable. Read the full provision →
Why wages cases get special treatment
The Civil Code recognises that household helpers, laborers, and skilled workers occupy a vulnerable position when their employer refuses to pay. They often lack the resources to absorb the cost of litigation. Article 2208 addresses this by listing actions for the recovery of wages of household helpers, laborers, and skilled workers as a specific ground for awarding attorney's fees — no written agreement needed. The policy is to remove the financial barrier that might otherwise prevent a worker from enforcing a legitimate wage claim.
No stipulation is required
The general rule under Article 2208 is that attorney's fees cannot be recovered without a stipulation between the parties. But that rule gives way in the specific grounds listed in the article. Actions for recovery of wages are on that list. This means that even if your arrangement with your household helper was entirely informal, even if there was no written employment contract at all, the court is empowered to award attorney's fees to her if she is forced to sue to collect unpaid wages and she wins. The absence of a fee-recovery clause in a contract is not a defence to this type of claim.
The fees must be reasonable and the award is discretionary
Article 2208 requires that attorney's fees in all cases must be reasonable. The ground opens the door; the court decides how wide. A household helper who sues for a modest amount of unpaid wages will not be awarded fees that are wildly disproportionate to the claim or the work the case required. Courts will consider the complexity of the case, the duration of the proceedings, and the amount in controversy. If your helper is represented by counsel, the fees actually incurred and documented are a natural starting point for the court's evaluation.
What this means for you as the employer
If you genuinely owe unpaid wages, resolving the dispute promptly minimises your total exposure. Attorney's fees are added on top of the principal wage claim and can increase the total amount you are ordered to pay. The longer a legitimate wage dispute remains unresolved, the more time and effort counsel must expend, and the higher the potential award. This is a practical reason — separate from any legal obligation — to settle unpaid wage disputes fairly and without unnecessary delay. If you believe you do not owe the wages claimed, you should prepare your evidence and defences carefully.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Philippine National Construction Corporation vs. Apac Marketing Corporation, represented by Cesar M. Ong, Jr, G.R. No. 190957, June 5, 2013 — read the decision on LawPhil →
- Atty. Melita Go and Wayne Go vs. Saint Jude Catholic School Manila, Inc. et al, G.R. No. 257761, April 22, 2025 — read the decision on LawPhil →
- Sps. Bernabe Mercade, Jr., et al. vs. Sps. Jesus Bardillas and Letecia Gabuya Bardillas, G.R. No. 163157, June 27, 2016 — read the decision on LawPhil →
- CCC Insurance Corporation vs. Kawasaki Steel Corporation, et al, G.R. No. 156162, June 22, 2015 — read the decision on LawPhil →