The 8List Guide to the Kasambahay Law

The 8List Guide to the Kasambahay Law

The 8List Guide to the Kasambahay LawThe 8List Guide to the Kasambahay Law
It’s been a few months since the Kasambahay Law was enacted but many employers are still in the dark about their responsibilities to their domestic workers. SoMoms blogger Jenny Ong shares 8 important points to get you in the know.



The Kasambahay Law or Batas Kasambahay covers general household helpers including yayas, cooks, gardeners, laundry persons and helpers hired on a live-out arrangement.  Those who aren’t covered are family drivers and individuals who perform occasional and sporadic work and not on an occupational and regular basis (e.g. person who vacuums your bed, landscaping guy, etc.). Also not covered are helpers who are below 15 years old because by law, you shouldn’t hire helpers below that age.

Who is covered by the Kasambahay Law-8v



As employer, you are responsible for the costs of hiring and transportation of the kasambahay from his place of origin to her place of work.  You can also ask for pre-employment requirements such as medical certificate, barangay and police clearance, NBI clearance, and birth certificate, baptismal record, passport or voter’s identification card.  However, the employer is responsible for these costs.  Transportation expenses are reimbursable if the kasambahay leaves without justifiable reason within six months from employment.



Once the kasambahay has rendered service for one month, she is eligible for 13th month pay, SSS, PhilHealth and Pag-Ibig benefits. And you must be registered as an “employer” in all these three agencies.

There is no one-stop shop for the registration of the requirements for the kasambahay. Under the Implementing Rules and Regulations (IRR) of the Kasambahay Bill, SSS, Pag-Ibig and PhilHealth have a period of six months from IRR promulgation to set up a unified system of registration and enrollment. The IRR was promulgated on May 9, 2013. This means that by November 2013, we should have a one-stop shop to register for these agencies.  In the meantime, it is the employer’s responsibility that contributions to these agencies are properly made.

Do I really have to enroll them in SSS, PhilHealth and PagIbig-6v



You should have a contract with your kasambahay written in a language or dialect they can understand. It should specify their duties and responsibilities, period of employment, salary or compensation, authorized deductions, hours of work and proportionate additional payment, rest days, allowable leaves, board, lodging and medical attention, agreements on deployment expenses, loan agreement, termination of employment and other conditions that the parties may lawfully agree upon. The contract need not be notarized.

You can download the standard employment contract (BK-1) from the Department of Labor and Employment (DOLE) website.

The employer is also required to register the kasambahay in the Registry of Domestic Workers in the barangay where the employer resides.  You also have to issue a pay slip (copies of which you must keep for three years from issuance) and provide a copy to the kasambahay every pay day, containing the amount paid and all deductions made, if any.



“Other conditions” you can enter into with your kasambahay refers to the weekly rest day and service incentive leave.  For example, you can offset absent days with rest days, accumulate rest days not exceeding five days, waive rest days in return for an equivalent daily rate of pay, and add accumulated rest days to the service incentive leave. You can also include in the contract that an inspection of the belongings of the kasambahay can be made before she leaves the household. However, you cannot assign your kasambahay to work in a commercial, industrial or agricultural enterprise at below the prescribed minimum wage.



The Kasamabahay Law lists down mandatory benefits for your kasambahay.  These include a monthly minimum wage (P2,500 for Metro Manila, P2,000 for cities and 1st class municipalities and P1,500 for other municipalities); daily rest period of 8 total hours, weekly rest period of 24 uninterrupted hours, five days annual service incentive leave with pay, 13th month pay, SSS, PhilHealth and Pag-Ibig benefits. Aside from these mandatory benefits, employers must also provide three adequate meals a day—taking into consideration the kasambahay’s religious beliefs and cultural practices—humane sleeping conditions and appropriate rest and basic medical assistance. Toiletries are optional and employers can provide them gratuitously. Basic medical assistance refers to first-aid medicines. The SSS/PhilHealth will address the medical expenses of other illnesses.



You cannot withhold their wages or tell them how to use their wages. Although you cannot require them to make deposits for loss or damage, deductions from wages for loss or damage are allowed if the kasambahay is clearly shown to be responsible and is given a reasonable opportunity to show why the deduction should be made. The total amount deducted must be fair and reasonable and should not exceed 20% of the monthly wages.



As an employer, you have the right of privacy such that all communication and information pertaining to you and members of your household shall be privileged, confidential and cannot be disclosed by the kasambahay during and after employment. You also have the right to terminate the employment of your kasambahay under the law’s specified circumstances such as misconduct and willful disobedience, fraud, habitual neglect or inefficiency in carrying out duties and violation of the contract.

SoMoms Stacked Logo C



Editor’s note:Yahoo Philippines encourages responsible comments that add dimension to the discussion. No bashing or hate speech, please. You can express your opinion without slamming others or making derogatory remarks.

  • Honda Launches the New Generation BeAT Fi
    Honda Launches the New Generation BeAT Fi

    Honda Philippines Inc. (HPI) recently unveiled its latest offering, the New Generation BeAT-FI eSP Series at the Music Hall of the SM Mall of Asia. Daiki Mihara, President of Honda Philippines, Inc., is confident of the potentials of the New Generation BeAT-FI eSP Series in the local scooter market. “The New Generation BeAT-FI eSP Series is a reflection of Honda Philippines’ continued commitment to provide powerful, safe, fun, and worthwhile driving experience to the growing market of …

  • US to China: Stop reclamation now
    US to China: Stop reclamation now

    The United States yesterday called for an “immediate and lasting halt” to reclamation works in disputed waters in the South China Sea and West Philippine Sea, saying Beijing’s behavior in the area was “out of step” with international norms. To that end, there should be an immediate and lasting halt to land reclamation by all claimants,” US Defense Secretary Ashton Carter told a high-level security conference in Singapore. …

  • Pinoys urged to observe Flag Day
    Pinoys urged to observe Flag Day

    Filipinos are urged to commemorate the significance of the national flag as the country commemorates Flag Day from May 28 to June 12, the nation’s Independence Day. The Philippine flag was first unfurled after the Philippine Revolutionary Army defeated Spanish forces in the Battle at Alapan in Imus, Cavite on May 28, 1898, according to the Official Gazette. “The national flag was yet to be formally announced on the day of that battle. …

  • House urged to probe ‘wash sale’ of treasury notes
    House urged to probe ‘wash sale’ of treasury notes

    Congress should look into what could be the anomalous wash sale of P14.3 billion worth of treasury notes last year by officials of the state-owned Development Bank of the Philippines (DBP), Bayan Muna Rep. Carlos Zarate said yesterday. In a statement, Zarate said the questionable wash sale, covering 28 transactions, might be a fund-raising effort of the Aquino administration for the 2016 elections. The DBP Employees Union (DBPEU) on Friday filed a graft complaint with the Office of the …

  • Qatar court to rule on case of Pinoys charged with espionage
    Qatar court to rule on case of Pinoys charged with espionage

    Qatar’s Court of Appeals is set to deliver a verdict today on the three Filipinos charged with espionage and economic sabotage. One of the three Filipinos who was employed by state-owned Qatar Petroleum was sentenced to death, while the two others who were working at a military base were meted life sentence. The prosecution said the three Filipinos spied by transferring to Philippine officials military and economic information related to the types of aircraft and tanks to be used by the armed …

  • 16 hurt in Jolo police camp blast
    16 hurt in Jolo police camp blast

    Security forces launched a massive hunt for the bombers that set off Friday night two explosives near a mosque inside the Philippine National Police (PNP) Camp Asturias in Jolo, Sulu, injuring 11 police officers and five civilians, including three children. The attack appears to have been well-planned as attackers first lobbed a grenade and waited for responding policemen to arrive before setting off a bigger improvised explosive device (IED). Four of the victims are still in grade school, …

  • POEA seeks close monitoring of Saudi’s situation
    POEA seeks close monitoring of Saudi’s situation

    The Philippine Overseas Employment Administration (POEA) has instructed all recruitment agencies sending Filipino workers to Saudi Arabia to closely monitor the situation in the country because of the escalating hostilities in adjacent Yemen. The POEA issued an advisory instructing recruiters to keep a close watch on the Saudi provinces of Najran, Jizan and Asir, which are situated on the Saudi-Yemen border. The POEA also directed the recruitment agencies to submit a list of all the workers …

  • Army to provide treatment for corporal behind bus hostage incident
    Army to provide treatment for corporal behind bus hostage incident

    The Philippine Army promised mental health treatment for an Army corporal who took at least 20 bus passengers hostage in Camarines Sur on Friday, even as police filed a complaint for slight illegal detention before the Prosecutor’s Office. “If proven that he is mentally unstable, we will not abandon him. Rene Prajele showed signs of being mentally disturbed while in detention at the Del Gallego police station in Camarines Sur, adding that the officers who interviewed him could not get a clear …


Should Aquino be held accountable over the Mamasapano operations?

Poll Choice Options