Republic Act No. 10361, the Domestic Workers Act or Batas Kasambahay, guarantees a household helper a minimum monthly wage (₱2,500 in NCR, ₱2,000 in chartered cities and first-class municipalities, ₱1,500 elsewhere), 13th month pay, 5 days of paid service incentive leave after one year of service, and mandatory SSS, PhilHealth, and Pag-IBIG coverage after just one month of service, with premiums shouldered by the employer if the kasambahay earns below a set threshold.
Why a separate law for domestic workers
Domestic workers — kasambahay — historically fell outside the ordinary protections the Labor Code gives to office and factory employees, since they work inside private homes rather than a conventional workplace. RA 10361 was enacted specifically to close that gap, spelling out minimum wage, benefits, working conditions, and standards of treatment tailored to household employment.
Minimum wage, by location
Section 24 fixes the minimum monthly wage of a domestic worker at not less than:
- ₱2,500 a month in the National Capital Region (NCR);
- ₱2,000 a month in chartered cities and first-class municipalities; and
- ₱1,500 a month in other municipalities.
These floors are periodically reviewed and may be adjusted by the Regional Tripartite and Productivity Wage Boards. Section 25 requires wages to be paid directly to the domestic worker, in cash, at least once a month — not in vouchers, coupons, or other non-cash substitutes — and no deduction may be made from wages beyond what is legally mandated, unless the domestic worker consents in writing. Employers must also provide a pay slip every payday, kept on record for three years.
13th month pay and leave
Section 25 confirms a domestic worker is entitled to 13th month pay, the same as other employees under existing law. Section 29 grants an additional benefit specific to household workers: after at least one year of service, a domestic worker earns 5 days of annual service incentive leave with pay. Unlike some other leave credits, this is not cumulative — unused days do not carry over to the next year, and are not convertible to cash.
Social benefits: SSS, PhilHealth, Pag-IBIG
Section 30 requires that a domestic worker who has rendered at least one month of service be covered by the Social Security System (SSS), PhilHealth, and the Home Development Mutual Fund (Pag-IBIG), entitled to the same benefits any other covered worker receives. Critically, the employer shoulders the premium contributions where the domestic worker's wage falls at or below a threshold the law sets, easing what would otherwise be a real cost barrier to coverage for lower-earning household workers.
Basic standard of treatment
Beyond pay and benefits, the law sets baseline humane treatment standards. Section 5 prohibits any employer or household member from subjecting a kasambahay to abuse, physical violence, harassment, or any act degrading their dignity. Section 6 requires the employer to provide at least three adequate meals a day and humane sleeping arrangements that ensure safety, along with rest and assistance in case of illness or injury sustained during service, without loss of benefits — and the employer may not withhold these basic necessities as a disciplinary measure. Section 7 guarantees privacy in all forms of communication and personal effects, and Section 8 guarantees access to outside communication during free time (with emergency access even during work hours).
Wage protection safeguards
Sections 27 and 28 protect a kasambahay's control over their own earnings: it is unlawful for an employer to force or induce a domestic worker to buy goods from the employer or a designated third party as a condition of employment, and it is unlawful to withhold wages outright. If a domestic worker leaves employment without justifiable reason, only up to 15 days of unpaid salary may be forfeited — the employer cannot simply withhold everything owed.
Where to raise a violation
A kasambahay whose employer is not paying the minimum wage, withholding wages unlawfully, denying SSS/PhilHealth/Pag-IBIG coverage, or subjecting them to abuse may bring the matter to the barangay, DOLE, or the Philippine Overseas Employment channels if relevant, and may pursue both administrative complaints and, where appropriate, criminal complaints for abuse.
Frequently Asked Questions
What is the minimum wage of a kasambahay in Metro Manila? Under RA 10361 Section 24, at least ₱2,500 a month for domestic workers employed in the National Capital Region, subject to periodic review and adjustment by the Regional Tripartite and Productivity Wage Boards.
Is a kasambahay entitled to SSS, PhilHealth, and Pag-IBIG? Yes. Section 30 requires coverage after just one month of service, with the employer shouldering the premium contributions if the kasambahay's wage is at or below the threshold the law sets.
Is a kasambahay entitled to 13th month pay? Yes, the same as other employees under existing law, as confirmed in Section 25 of RA 10361.
Can an employer withhold a kasambahay's full unpaid salary if they resign without notice? No, not entirely. Section 28 caps the forfeitable amount at unpaid salary for a period not exceeding 15 days if the domestic worker leaves without justifiable reason — the employer cannot withhold the entire unpaid wage.
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 have questions about your rights or options under Philippine law, our firm is available to assist. 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.