The Kasambahay Law (RA 10361) gives domestic workers, including house helpers, cooks, gardeners, and family drivers, enforceable rights. These include a written employment contract, a minimum wage set by region, a weekly rest day of at least 24 consecutive hours, 13th-month pay, daily and weekly rest periods, board and lodging, and mandatory coverage in SSS, PhilHealth, and Pag-IBIG once qualified. The law also protects kasambahay from abuse and prohibits withholding wages and the deposit for loans.
Household workers — kasambahay — were long treated as outside the reach of labor protection. The Kasambahay Law (Republic Act No. 10361) changed that, giving domestic workers a written set of rights that employers must honor.
Who Is Covered
The law covers those engaged in domestic work within an employment relationship — general house helpers, cooks, gardeners, laundry persons, and family drivers, among others. It does not cover service providers who work occasionally or on a task basis and not exclusively for one household, children under foster arrangements, or family members doing household chores.
The Core Rights
- A written employment contract. The terms — wage, duties, rest days, benefits, board and lodging — must be in a written contract, in a language the kasambahay understands.
- Minimum wage. Kasambahay are entitled to a minimum monthly wage set by region (and periodically adjusted), paid in cash, not by promissory notes, vouchers, or things in kind, and at least once a month.
- Weekly rest day. At least 24 consecutive hours of rest each week, plus adequate daily rest.
- 13th-month pay. A kasambahay who has served at least one month is entitled to 13th-month pay.
- Board, lodging, and medical attendance as basic necessities.
- Government coverage. Once the kasambahay meets the qualifying period, the employer must register and remit contributions for SSS, PhilHealth, and Pag-IBIG.
Protections Against Abuse
The law expressly protects the kasambahay’s dignity and safety. It prohibits the employer from:
- Withholding wages or forcing the kasambahay to make deposits for loss or damage (with narrow exceptions the law regulates);
- Debt bondage — requiring the kasambahay to work to pay off a debt through servitude; and
- Any form of physical or verbal abuse. The kasambahay also has the right to privacy, to education and training, and to be treated with respect.
Ending the Employment
Either side may end the relationship. If the employer dismisses without a just cause before the contract expires, the kasambahay is generally entitled to the earned wages plus an indemnity (commonly the equivalent of 15 days’ wages). If the kasambahay leaves without justifiable reason, they may forfeit a portion of their wage. The law lists just causes on each side, mirroring the logic of the Labor Code.
Where to Complain
Disputes go through barangay conciliation and the DOLE, and the DOLE has field offices and hotlines for kasambahay concerns. Because the amounts are usually modest and the relationship personal, conciliation resolves many cases.
Practical Advice
Employers: put the contract in writing, pay at least the regional minimum in cash, give the weekly rest day and 13th-month pay, and register the kasambahay with SSS, PhilHealth, and Pag-IBIG — these are legal duties, not favors. Kasambahay: insist on a written contract and your rest day and benefits, and keep any record of your pay; if these are denied, DOLE and the barangay can help.
Frequently Asked Questions
Who is covered by the Kasambahay Law? Domestic workers in an employment relationship, including general house helpers, cooks, gardeners, laundry persons, and family drivers. It excludes occasional task-based workers not exclusively serving one household and family members doing chores.
Is a kasambahay entitled to 13th-month pay and a rest day? Yes. A kasambahay who has served at least one month is entitled to 13th-month pay, and to a weekly rest day of at least 24 consecutive hours, plus daily rest and a minimum wage set by region.
Must the employer register a kasambahay with SSS, PhilHealth, and Pag-IBIG? Yes. Once the kasambahay meets the qualifying period, the employer must register and remit contributions to SSS, PhilHealth, and Pag-IBIG. It is a legal obligation.
What if a kasambahay is dismissed without cause? If the employer dismisses without a just cause before the contract ends, the kasambahay is generally entitled to earned wages plus an indemnity, commonly equivalent to 15 days' wages. Disputes go through the barangay and DOLE.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you are a household worker whose rights are being denied, or an employer wanting to comply, our firm can help. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.