KASAMBAHAY LAW

CARISMA G. CABARUAN
JD 2
WHAT IS RA 10361
 Republic Act No. 10361 is an
Act Instituting Policies for
the Protection and Welfare
of Domestic Workers,
otherwise known as
‘Domestic Workers Act’ or
‘Batas Kasambahay.’
SIGNIFICANCE OF THE PASSAGE
OF THE LAW
 The law is a landmark piece of labor
and social legislation that recognizes
for the first time domestic workers
as similar to those in the formal
sector. It strengthens respect,
protection, and promotion of the
rights and welfare of domestic
workers or kasambahay.
WHO ARE COVERED BY THE
LAW?
 All kasambahay engaged in domestic work,
whether on a live-in or live-out arrangement,
such as, but not limited to, the following:
 General househelp;
 Yaya;
 Gardener;
 Cook;
 Laundry person;
 Working children or domestic workers 15 years and
above but below 18 years of age;
 any person who regularly performs domestic work in
one household on an occupational basis (live-out
arrangement).
WHO ARE NOT COVERED?
 service providers;
 family drivers;
 children under foster family arrangement;
and
 any other person who performs work
occasionally or sporadically and not on an
occupational and regular basis.
RIGHTS AND PRIVELEGES
STANDARD OF TREATMENT
 The employer or any member of the
household shall not subject a
domestic worker or “kasambahay”
to any kind of abuse nor inflict any
form of physical violence or
harassment or any act tending to
degrade the dignity of a domestic
worker.
BOARD, LODGING AND MEDICAL
ATTENDANCE. 
 The employer shall provide for the basic
necessities of the domestic worker to include at
least three (3) adequate meals a day and humane
sleeping arrangements that ensure safety;
 The employer shall provide appropriate rest and
assistance to the domestic worker in case of
illnesses and injuries sustained during service
without loss of benefits; and
 At no instance shall the employer withdraw or
hold in abeyance the provision of these basic
necessities as punishment or disciplinary action to
the domestic worker.
GUARANTEE OF PRIVACY.
 Respect for the privacy of the domestic
worker shall be guaranteed at all times and
shall extend to all forms of communication
and personal effects. This guarantee equally
recognizes that the domestic worker is
obliged to render satisfactory service at all
times.
ACCESS TO OUTSIDE
COMMUNICATION.
 he employer shall grant the domestic worker
access to outside communication during free
time: Provided, That in case of emergency,
access to communication shall be granted
even during work time. Should the domestic
worker make use of the employer’s
telephone or other communication facilities,
the costs shall be borne by the domestic
worker, unless such charges are waived by
the employer.
EMPLOYMENT
AGE OF DOMESTIC
WORKERS
EMPLOYMENT AGE
 t shall be unlawful to employ any person
below fifteen (15) years of age as a domestic
worker. Employment of working children, as
defined under this Act, shall be subject to
the provisionsof Section 10(A), paragraph 2
of Section 12-A, paragraph 4 of Section 12-D,
and Section 13 of Republic Act No. 7610, as
amended, otherwise known as the “Special
Protection of Children Against Child Abuse,
Exploitation and Discrimination Act”.
EMPLOYMENT
TERMS AND
CONDITIONS
DAILY/WEEKLY REST PERIOD.
 The domestic worker shall be entitled to an
aggregate daily rest period of eight (8) hours
per day.
 The domestic worker shall be entitled to at
least twenty-four (24) consecutive hours of
rest in a week. The employer and the
domestic worker shall agree in writing on the
schedule of the weekly rest day of the
domestic worker
MINIMUM WAGE
PAYMENT OF WAGES
 Payment of wages shall be made on time directly
to the domestic worker to whom they are due in
cash at least once a month. The employer, unless
allowed by the domestic worker through a written
consent, shall make no deductions from the wages
other than that which is mandated by law. No
employer shall pay the wages of a domestic
worker by means of promissory notes, vouchers,
coupons, tokens, tickets, chits, or any object
other than the cash wage as provided for under
this Act.
 The domestic worker is entitled to a thirteenth
month pay as provided for by law.
LEAVE BENEFITS
 A domestic worker who has rendered at least
one (1) year of service shall be entitled to an
annual service incentive leave of five (5)
days with pay: Provided, That any unused
portion of said annual leave shall not be
cumulative or carried over to the succeeding
years. Unused leaves shall not be convertible
to cash.
SOCIAL AND OTHER BENEFITS.
 A domestic worker who has rendered at least
one (1) month of service shall be covered by
the Social Security System (SSS), the
Philippine Health Insurance Corporation
(PhilHealth), and the Home Development
Mutual Fund or Pag-IBIG, and shall be
entitled to all the benefits in accordance
with the pertinent provisions provided by
law.
SOCIAL AND OTHER BENEFITS.
 Premium payments or contributions shall be
shouldered by the employer. However, if the
domestic worker is receiving a wage of Five
thousand pesos (P5,000.00) and above per
month, the domestic worker shall pay the
proportionate share in the premium
payments or contributions, as provided by
law.
TERMINATION
OF SERVICE
TERMINATION OF SERVICE
 Neither the domestic worker nor the
employer may terminate the contract before
the expiration of the term except for grounds
provided for in Sections 33 and 34 of this
Act. If the domestic worker is unjustly
dismissed, the domestic worker shall be paid
the compensation already earned plus the
equivalent of fifteen (15) days work by way
of indemnity. If the domestic worker leaves
without justifiable reason, any unpaid salary
due not exceeding the equivalent fifteen (15)
days work shall be forfeited.
TERMINATION OF SERVICE
 In addition, the employer may recover from
the domestic worker costs incurred related
to the deployment expenses, if
any: Provided, That the service has been
terminated within six (6) months from the
domestic worker’s employment.
WHAT ARE THE TERMINATION
INITIATED BY THE DOMESTIC WORKER
 Verbal or emotional abuse of the domestic
worker by the employer or any member of
the household;
 Inhuman treatment including physical abuse
of the domestic worker by the employer or
any member of the household;
 Commission of a crime or offense against the
domestic worker by the employer or any
member of the household;
WHAT ARE THE TERMINATION
INITIATED BY THE DOMESTIC WORKER
 Violation by the employer of the terms and
conditions of the employment contract and
other standards set forth under this law;
 Any disease prejudicial to the health of the
domestic worker, the employer, or
member/s of the household; and
 Other causes analogous to the foregoing.
TERMINATION INITIATED BY THE
EMPLOYER
 Misconduct or willful disobedience by the
domestic worker of the lawful order of the
employer in connection with the former’s
work;
 Gross or habitual neglect or inefficiency by
the domestic worker in the performance of
duties;
 Fraud or willful breach of the trust reposed
by the employer on the domestic worker;
TERMINATION INITIATED BY THE
EMPLOYER
 Commission of a crime or offense by the
domestic worker against the person of the
employer or any immediate member of the
employer’s family;
 Violation by the domestic worker of the terms
and conditions of the employment contract
and other standards set forth under this law;
 Any disease prejudicial to the health of the
domestic worker, the employer, or member/s
of the household; and
 Other causes analogous to the foregoing.