R. A. No. 10361
R. A. No. 10361
10361 - An Act Instituting Policies for the Protection Rights and Privileges of Kasambahay (c) Commission of a crime or offense against the domestic worker
and Welfare of Domestic Workers, also known as Kasambahay (a) Minimum wage by the employer or any member of the household;
Law. (b) Other mandatory benefits, such as the daily and weekly rest (d) Violation by the employer of the terms and conditions of the
periods, service incentive leave, and 13th month pay employment contract and other standards set forth under this
Who are covered? (c) Freedom from employers’ interference in the disposal of wages law;
Whether on a live-in or live-out arrangement, the (d) Coverage under the SSS, PhilHealth and Pag-IBIG laws
(e) Standard of treatment (e) Any disease prejudicial to the health of the domestic worker,
Kasambahay Law applies to the following: the employer, or member/s of the household; and
(f) Board, lodging and medical attendance
(a) General househelp;
(g) Right to privacy (f) Other causes analogous to the foregoing.
(b) Yaya;
(h) Access to outside communication
(c) Cook;
(i) Access to education and training B. Initiated by employer:
(d) Gardener;
(j) Right to form, join, or assist labor organization
(e) Laundry person; (a) Misconduct or willful disobedience by the domestic worker of
(k) Right to be provided a copy of the employment contract as
(f) Any person who regularly performs domestic work in one the lawful order of the employer in connection with the former’s
required in Section 7, Rule II
household on an occupational basis, and work;
(l) Right to certificate of employment as required in Section 5, Rule VII
(g) Children not below 15 years old.
(m)Right to terminate the employment as provided in Section 2, Rule (b) Gross or habitual neglect or inefficiency by the domestic
VII; and worker in the performance of duties;
Who are not covered? (n) Right to exercise their own religious beliefs and cultural practices.
(a) Service providers; (c) Fraud or willful breach of the trust reposed by the employer on
(b) Family drivers; the domestic worker;
Minimum Wage
(c) Children under foster family arrangement; and (d) Commission of a crime or offense by the domestic worker
(d) Any other person who performs work occasionally or The minimum wage of Kasambahay shall not be less than against the person of the employer or any immediate member of
sporadically and not on an occupational basis. the following: the employer’s family;
(a) Two Thousand Five Hundred (Php2,500.00) a month for those
employed in the National Capital Region (NCR); (e) Violation by the domestic worker of the terms and conditions
Mode of recruitment; Cost of Hiring; Deployment expenses of the employment contract and other standards set forth under
(b) Two Thousand Pesos (Php2,000.00) a month for those
A Kasambahay can be hired directly by the employer or this law;
employed in cities and first-class municipalities; and
indirectly through a licensed PEA, the employer shall shoulder (c) One Thousand Five Hundred Pesos (Php1,500.00) a month for (f) Any disease prejudicial to the health of the domestic worker,
the cost of hiring of a Kasambahay, whether he/she is hired those employed in other municipalities. the employer, or member/s of the household; and
through a PEA or a third party and shall pay the expenses
directly used for his/her transfer from place of origin to the Rest Period: Daily; Weekly (g) Other causes analogous to the foregoing.
place of work. The Kasambahay shall be entitled to an aggregate daily
rest period of eight (8) hours per day. The Kasambahay shall Invalid Ground for Termination
The employer may recover deployment costs from the be entitled to at least twenty-four (24) consecutive hours of Pregnancy and Marriage of the Kasambahay are not
Kasambahay whenever the employment relationship is rest in a week. The employer and the Kasambahay shall agree considered valid grounds for termination of employment.
terminated within six (6) months without just cause. in writing on the schedule of the weekly rest day but the
preference of the Kasambahay, when based on religious Unlawful Acts under the Act
Employment Contract grounds, shall be respected. The Kasambahay and the (a) Employment of Children below 15 years of age (Section 16,
The domestic worker shall be provided a copy of the duly employer may agree on the following: Batas Kasambahay);
signed employment contract which must include the following: (b) Withholding of Wages of the Kasambahay (Section 28, Batas
(a) Offsetting a day of absence with a particular rest day;
(a) Duties and responsibilities of the domestic worker; Kasambahay);
(b) Waiving a particular rest day in return for an equivalent daily
(b) Period of employment;
rate of pay; (c) Interference in the Disposal of the wages of the
(c) Compensation;
(c) Accumulating rest days not exceeding five (5) days; or Kasambahay (Section 27, Batas Kasambahay);
(d) Authorized deductions;
(d) Other similar arrangements.
(e) Hours of work and proportionate additional payment; (d) Requiring deposits for loss or damage (Section 14, Batas
(f) Rest days and allowable leaves; Kasambahay);
(g) Board, lodging and medical attention; Termination of employment contract, grounds:
(h) Agreements on deployment expenses, if any; A. Initiated by employee: (e) Placing the Kasambahay under Debt Bondage (Section 15,
(i) Loan agreement; (a) Verbal or emotional abuse of the domestic worker by the Batas Kasambahay); and
(j) Termination of employment; and employer or any member of the household; (f) Charging another household for temporarily performed tasks
(k) Any other lawful condition agreed upon by both parties. (Section 23, Batas Kasambahay).
(b) Inhuman treatment including physical abuse of the domestic
worker by the employer or any member of the household;
(Source: R. A. No. 10361 and IRR)