Republic Act 10361 — Kasambahay Law
Kasambahay Rights Philippines: The Domestic Worker's Complete Guide
Luz, 35, has worked as a kasambahay for a family in Makati for four years. She cooks, cleans, does laundry, and helps with the two kids. Her wage is ₱5,500 a month plus food and a small room in the maid's quarters. She has never been enrolled in SSS, PhilHealth, or Pag-IBIG. When she asked her employer about it, they said "kapag may pera kami." Luz wasn't sure if she could push the issue — jobs are hard to find.
Luz has the same rights as any other Filipino worker — they just come from a different law. The Kasambahay Law (RA 10361), passed in 2013, gives every domestic worker a minimum wage, mandatory SSS/PhilHealth/Pag-IBIG, weekly rest day, written contract, and protection from abuse. This guide explains exactly what RA 10361 gives you, and what to do when your employer breaks it.
Your rights, simply: RA 10361 gives every kasambahay a written contract, minimum wage, mandatory SSS/PhilHealth/Pag-IBIG, one rest day per week, 5 paid leave days per year, and a 13th month pay equivalent. Live-in kasambahay also get adequate food and humane lodging. None of these can be waived by 'family agreement.'
Who counts as kasambahay
RA 10361 §4 defines kasambahay broadly — and intentionally so. Anyone who performs domestic work for a household is covered, regardless of what their employer calls them. The law's definition prevents employers from dodging coverage by inventing creative job titles.
- General househelper / katulong — cooking, cleaning, laundry, errands.
- Yaya / nanny — childcare for children of the household.
- Cook — primarily preparing household meals.
- Gardener — maintaining household grounds.
- Laundry worker — dedicated to household laundry.
- Family driver (when employed by a household, not a commercial entity).
Minimum wage and benefits
RA 10361 sets a regional minimum wage for kasambahay — separate from the Labor Code's regional minimum wage. The rates have been revised multiple times since 2013. Always check the latest DOLE Wage Order before negotiating or auditing your wage.
Legal reference
NCR minimum wage
Pinakamababang sahod sa Metro Manila
₱6,000 per month minimum (as of 2024 wage order)
Kasambahay employed within Metro Manila
Chartered cities & first-class municipalities
Mga chartered city at first-class na bayan
₱5,500 per month minimum (as of 2024 wage order)
Major cities outside NCR — Cebu, Davao, Iloilo, etc.
Other municipalities
Iba pang bayan
₱5,000 per month minimum (as of 2024 wage order)
Smaller municipalities
13th month pay equivalent
Ika-13 sahod
One month's wage paid by December 24
After at least 1 month of service (RA 10361 §25)
Service incentive leave
Service incentive leave
5 paid leave days per year
After 1 year of service (RA 10361 §29)
SSS / PhilHealth / Pag-IBIG
SSS at iba pa
Employer must enroll and pay employer share
If wage < ₱5,000, employer also pays employee share (RA 10361 §30)
| Legal Concept | Filipino Term | English Meaning | When This Applies |
|---|---|---|---|
| NCR minimum wage | Pinakamababang sahod sa Metro Manila | ₱6,000 per month minimum (as of 2024 wage order) | Kasambahay employed within Metro Manila |
| Chartered cities & first-class municipalities | Mga chartered city at first-class na bayan | ₱5,500 per month minimum (as of 2024 wage order) | Major cities outside NCR — Cebu, Davao, Iloilo, etc. |
| Other municipalities | Iba pang bayan | ₱5,000 per month minimum (as of 2024 wage order) | Smaller municipalities |
| 13th month pay equivalent | Ika-13 sahod | One month's wage paid by December 24 | After at least 1 month of service (RA 10361 §25) |
| Service incentive leave | Service incentive leave | 5 paid leave days per year | After 1 year of service (RA 10361 §29) |
| SSS / PhilHealth / Pag-IBIG | SSS at iba pa | Employer must enroll and pay employer share | If wage < ₱5,000, employer also pays employee share (RA 10361 §30) |
Working hours and rest day
RA 10361 §20 grants every kasambahay a minimum of 8 hours of complete uninterrupted rest per day — separate from breaks during working hours. It also grants 24 consecutive hours of weekly rest, scheduled by mutual agreement between employer and kasambahay. The day cannot be unilaterally canceled by the employer.
The mandatory written contract
RA 10361 §11 requires a written employment contract in a language understood by both parties, signed before the employment begins. The contract must specify: duties, working hours, wage and method of payment, leave benefits, rest day, board and lodging (if live-in), employment period, loan agreements (if any), and termination terms.
No placement fees — and how recruiters cheat
RA 10361 §16 expressly prohibits charging placement fees to the kasambahay. The employer pays the agency. If a recruiter or agency tries to collect a "processing fee," "registration fee," or "training fee" from you before placement, that's illegal — and a strong sign you may be dealing with illegal recruiters.
Termination rules — both sides
RA 10361 §32-34 sets different rules for ending the employment depending on who's ending it and why. Both employer and kasambahay have notice obligations.
Legal reference
Employer termination (no just cause)
Tinanggal nang walang dahilan
Kasambahay gets unpaid wages + indemnity of 15-day wages
Section 32 — applies when employer ends without just cause
Employer termination (just cause)
Tinanggal dahil sa makatarungang dahilan
Wages owed up to date of termination only
Section 33 — list of just causes (misconduct, neglect, etc.)
Kasambahay resignation (no just cause)
Nag-resign walang dahilan
Wages owed forfeited up to 15-day equivalent
Section 34 — kasambahay leaves without sufficient cause
Kasambahay resignation (just cause)
Nag-resign dahil sa abuso o paglabag
Full unpaid wages + indemnity of 15-day wages from employer
Section 34 — abuse, inhumane treatment, employer's violation
| Legal Concept | Filipino Term | English Meaning | When This Applies |
|---|---|---|---|
| Employer termination (no just cause) | Tinanggal nang walang dahilan | Kasambahay gets unpaid wages + indemnity of 15-day wages | Section 32 — applies when employer ends without just cause |
| Employer termination (just cause) | Tinanggal dahil sa makatarungang dahilan | Wages owed up to date of termination only | Section 33 — list of just causes (misconduct, neglect, etc.) |
| Kasambahay resignation (no just cause) | Nag-resign walang dahilan | Wages owed forfeited up to 15-day equivalent | Section 34 — kasambahay leaves without sufficient cause |
| Kasambahay resignation (just cause) | Nag-resign dahil sa abuso o paglabag | Full unpaid wages + indemnity of 15-day wages from employer | Section 34 — abuse, inhumane treatment, employer's violation |
Mandatory section
For OFWs / Para sa OFW
Filipinos working as domestic helpers abroad have a separate, often stronger, set of protections. Once you're deployed through legal channels, the POEA Standard Employment Contract for Household Service Workers and RA 10022 govern your work — with the Philippine government as your safety net.
- POEA Standard Employment Contract for HSWs sets minimum wage by destination (e.g., HK Statutory Minimum Wage, Saudi minimum wage for HSWs, Singapore MOM standard). These are typically HIGHER than the local kasambahay minimum.
- Pre-departure: every overseas HSW must attend POEA's Pre-Employment Orientation Seminar (PEOS) and the Country-Specific Pre-Departure Orientation Seminar (PDOS) before deployment. These are free and required.
- Abuse abroad: contact the POLO (Philippine Overseas Labor Office) at the nearest embassy or consulate. They can mediate, document, and arrange emergency repatriation under RA 10022.
- Repatriation: under RA 10022, the recruitment agency is solidarily liable for emergency repatriation costs, even for undocumented workers. OWWA hotline: 1348 or +632-8722-1144.
Real Filipino scenario
Luz Espinosa, domestic worker
Luz, 35, has worked as a live-in kasambahay for a family in Makati for 4 years. Her monthly wage is ₱5,500. The employer provides her a small room in the maid's quarters and three meals a day. She has never been enrolled in SSS, PhilHealth, or Pag-IBIG. She has not received a 13th month pay equivalent for any of the 4 years. When she asked about SSS, her employer said 'pag may pera kami.' Luz has not signed a written employment contract.
What Luz Espinosa should do
- Verify current NCR kasambahay minimum wage at nwpc.dole.gov.ph
- Compute the underpayment: (current minimum − ₱5,500) × 48 months = wage shortfall
- Compute missing 13th month: ₱5,500 × 4 years (or higher if wage was supposed to be at minimum) = approximately ₱22,000+
- Go to the Makati barangay where Luz works — file under RA 10361 Sec. 37 for mediation
- If unresolved, file SEnA at DOLE NCR Regional Office — kasambahay cases are a priority track
What most Filipinos get wrong about this
MythKasambahay doesn't need a written contract — verbal agreements are enough.
Truth: False. RA 10361 §11 requires a written employment contract — in a language understood by the kasambahay — covering wage, hours, leave, benefits, and termination terms. No written contract = employer violation.(RA 10361, Sec. 11)
MythLive-in kasambahay are on-call 24 hours and have no real working hours.
Truth: False. RA 10361 grants kasambahay at least 8 hours of complete rest per day, 24 consecutive hours of weekly rest, and humane working hours. 24-hour on-call without rest periods violates the law and constitutes forced labor.(RA 10361, Sec. 20)
MythCalling someone 'family helper' or 'utility worker' means the Kasambahay Law doesn't apply.
Truth: False. RA 10361 §4 defines kasambahay by the NATURE OF WORK, not the job title. If you perform domestic work — cooking, cleaning, childcare, gardening, driving — for a household, you're a kasambahay regardless of what they call you.
MythPlacement fees are normal — kasambahay should pay the recruiter.
Truth: False. RA 10361 §16 expressly prohibits placement fees from being charged to the kasambahay. The employer pays any agency or recruiter fees. Asking the kasambahay to pay is illegal and can be reported to DOLE or DSWD.(RA 10361, Sec. 16)
What to do if your employer violates RA 10361
Request a written contract in writing
Ask your employer for a written employment contract covering wage, hours, rest day, leave, and benefits. RA 10361 requires it. Use a text message or letter — keep the record.
Check your SSS, PhilHealth, and Pag-IBIG enrollment online
Create accounts on My.SSS, PhilHealth Member Portal, and Pag-IBIG Online. If you have no record of contributions, your employer is violating both RA 10361 and the SSS Law.
Document working hours and rest days
Keep a personal calendar of when you start work, when you stop, and your rest days. If the employer denies rest day or extends working hours, your log is evidence.
Go to the barangay first for mediation
RA 10361 §37 allows kasambahay to file at the barangay where the work is performed. The barangay captain mediates first. If unresolved, the case can be elevated to DOLE.
File at DOLE Regional Office
If barangay mediation fails, walk into the DOLE Regional Office for SEnA. Kasambahay cases are a DOLE priority — they're handled by specialized desk officers.
Frequently asked questions
Does my employer have to pay for my SSS, PhilHealth, and Pag-IBIG?
Yes. Under RA 10361 §30, the employer pays the full employer share AND in many cases the employee share if the kasambahay's monthly wage is less than ₱5,000. Above ₱5,000, the employee share can be deducted from wages. Non-enrollment is both a labor and a criminal violation under SSS Law (RA 11199).
Can my employer require me to work on my rest day?
Only with your consent — and only with premium pay. RA 10361 grants 24 consecutive hours of rest per week, scheduled by mutual agreement. Working on a rest day requires extra compensation, computed at the kasambahay's daily equivalent rate.
What if my employer doesn't give me a written contract?
RA 10361 §11 requires a written employment contract — in a language understood by both parties. Without one, the employer is in violation. You can request one in writing, and if refused, file a complaint at the DOLE Regional Office or the barangay where you work.
If I'm a live-in kasambahay, is my employer required to provide food and lodging?
Yes. Under RA 10361 §17, live-in kasambahay are entitled to adequate food and humane sleeping arrangements, separate from the wage. Food and lodging cannot be deducted from your minimum wage. If the lodging is shared, it must be appropriate and respectful of privacy.
Can my employer take my passport or BIR ID for 'safekeeping'?
No. RA 10361 §13 explicitly prohibits employers from confiscating a kasambahay's personal documents, including IDs, ATM cards, and passport. This is also human trafficking under RA 10364 if it's used to restrict your freedom of movement. Report immediately to the barangay or DSWD if it happens.
Sources
- 01.Republic Act No. 10361 (Kasambahay Law / Batas Kasambahay, January 18, 2013, officialgazette.gov.ph)
- 02.DOLE — Kasambahay Implementing Rules and Regulations (IRR and Standard Employment Contract, dole.gov.ph)
- 03.National Wages and Productivity Commission — Current Kasambahay Minimum Wage Rates, nwpc.dole.gov.ph
About the author
Written by Irvin Abarca with research support from Claude AI. Irvin is the founder of BatasKo, based in Dumaguete City.
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