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RA 10361 - Domestic Workers Act - Batas Kasambahay (2013)

Philippine lawLegal status not independently verified

In brief

AI summary. Verify against the source below.

The Domestic Workers Act (Batas Kasambahay) sets minimum standards for the employment of domestic workers in the Philippines, covering wages, working conditions, benefits, and protections against abuse and exploitation.

Who it affects: All persons employed as domestic workers in the Philippines and their employers.

Key provisions

  • Coverage. The law applies to every domestic worker who is employed and works inside the Philippines. [Sec. 3]
  • Definition of Domestic Worker. A domestic worker is anyone hired to do household work on an occupational basis, such as househelp, cook, nanny, gardener, or laundry person, but not someone who works only occasionally. [Sec. 4(d)]
  • Standard of Treatment. Employers and household members may not abuse, physically harm, harass, or degrade the dignity of a domestic worker. [Sec. 5]
  • Board, Lodging, and Medical Care. Employers must provide at least three adequate meals a day, safe sleeping arrangements, and medical assistance for illnesses or injuries without using these necessities as punishment. [Sec. 6]
  • Employment Contract Requirements. Before work starts, a written contract in a language both parties understand must list duties, employment period, pay, deductions, work hours, rest days, benefits, and other lawful conditions. [Sec. 11]
  • Minimum Wage. Domestic workers must be paid at least ₱2,500 per month in NCR, ₱2,000 in chartered cities and first‑class municipalities, and ₱1,500 in other municipalities. [Sec. 24]
  • Rest Periods. Workers are entitled to an aggregate daily rest of eight hours and at least 24 consecutive hours of rest each week, with written agreement on the weekly rest day. [Sec. 20, Sec. 21]
  • Payment of Wages and Pay Slip. Wages must be paid in cash at least once a month, with no unauthorized deductions, and the employer must give a pay slip showing the amount paid and any deductions, kept for three years. [Sec. 25, Sec. 26]
  • Termination Rights. A domestic worker can quit for causes such as abuse, unsafe conditions, or contract violations; an employer can dismiss for misconduct, neglect, fraud, or other serious causes. Both must follow the notice and compensation rules in the Act. [Sec. 33, Sec. 34]
  • Private Employment Agency Obligations. PEAs must be licensed, cannot charge workers recruitment fees, must ensure contracts contain all required terms, provide orientation, keep contract copies for inspection, and help resolve complaints. [Sec. 36]

Common questions

Who is considered a domestic worker under the law?
A domestic worker is any person hired to perform household work on an occupational basis, such as a househelp, nanny, cook, gardener, or laundry person, excluding occasional or sporadic workers. [Sec. 4(d)]
What are the minimum wages for domestic workers?
The minimum monthly wage is ₱2,500 in the National Capital Region, ₱2,000 in chartered cities and first‑class municipalities, and ₱1,500 in other municipalities. [Sec. 24]
How many rest hours must a domestic worker receive each day and week?
A domestic worker must receive at least eight hours of daily rest and a minimum of 24 consecutive hours of rest each week. [Sec. 20, Sec. 21]
What must be included in the employment contract?
The contract must state the worker’s duties, employment period, compensation, authorized deductions, work hours, rest days, board and lodging, medical care, deployment expenses, loan agreements, termination terms, and any other lawful conditions. [Sec. 11]
Can an employer charge recruitment or placement fees to the domestic worker?
No. Private employment agencies or any third party may not charge a domestic worker any recruitment or finder’s fees. [Sec. 13]
What penalties apply for violating the Domestic Workers Act?
Violations are punishable by a fine of ₱10,000 to ₱40,000, in addition to possible civil or criminal actions. [Sec. 40]
What social benefits are domestic workers entitled to?
After one month of service, workers are covered by SSS, PhilHealth, and Pag‑IBIG, with the employer paying the contributions unless the worker earns ₱5,000 or more per month, in which case the worker shares the cost. [Sec. 30]
How can a domestic worker legally terminate the contract?
A worker may quit for reasons such as verbal or physical abuse, unsafe conditions, employer’s breach of contract, or any similar cause listed in the law. [Sec. 33]

Legal information, not legal advice

Tatsulok checks that this text faithfully reproduces its published source, but Tatsulok is not an official publisher and does not independently verify whether the text is currently in force, amended, or repealed. Always confirm against an official source, such as the Official Gazette or the issuing government authority, before relying on it. This is legal information for study, not legal advice. For your situation, consult a lawyer or Philippine legal aid.