Domestic Workers

Act (Batas
Kasambahay)
R.A. 10361

Who is a Domestic Worker?

Kasambahay: a person engaged to work for a household

within an employment relationship.

Requirements for hiring:

AT LEAST 15 years of age.

Private employment agency:

Medical or a health certificate issued by local government health

officer

Barangay and police clearance

NBI clearance

Authentic birth certificate, if not available, any document showing

the age of the domestic worker

Directly hired: employer may require the above, at his cost.

Recruitment:

The agency and the agencys representative must both be duly

authorized and registered with the Regional Office of the
Department of Labor and Employment.

Duly notarized recruitment contract:

Names of recruits

Addresses

Birth Certificates

Medical Certificates

Recruitment Contract

The recruit will then send to his parent the name of the recruit
along with the name, address, and telephone number of the
employer

Recruitment and Finders Fees

No share in the recruitment or finders fees shall be charged

against the domestic worker by the said private employment
agency or third party

Employment Contract

Must be executed by the employer and the domestic

worker before the commencement of service

Contents

DUTIES and responsibilities

PERIOD of employment

COMPENSATION

Authorized DEDUCTIONS

HOURS of work and proportionate ADDITIONAL PAYMENT

REST days and allowable LEAVES

Contents

BOARD, LODGING and MEDICAL attention

Agreements on DEPLOYMENT EXPENSES, if any

LOAN agreement

TERMINATION of employment

Any OTHER LAWFUL CONDITIONS agreed upon by both parties

Registration of Domestic Workers

Terms And Conditions Of Employment Of Domestic

Workers

Health and Safety

Free Board, Lodging and Medical Attendance

Daily Rest Period

Weekly Rest Period

Appropriate compensation for Assignment to Non-Household Work

Extent of Duty

Terms And Conditions Of Employment Of Domestic

Workers

Minimum Wage of Domestic Workers

Payment of Wages

Pay Slip

Thirteenth Month Pay

Leave Benefits

Social Security, PhilHealth and Pag-ibig fund

RIGHTS AND PRIVILEGES OF

WORKERS

Right to humane treatment

Right to privacy

Access to outside communication

Right to education and training

Obigations of Domestic Workers

Satisfactory service

Observance of terms and conditions of contract

Refrain from publicly disclosing

information pertaining to employer

any

communication

or

ARAW NG MGA KASAMBAHAY!

January

18

Prohibited Activities

Deposits for loss or damage

Debt Bondage

Interference in the disposal of wages

Withholding of wages

When the employment relation

can be terminated??

If there is JUST CAUSE any time

If there is NO JUST CAUSE

- At the end of the stipulated period
- By giving 5 days advance notice

Effects of termination without notice

or before the stipulated period

On the part of DOMESTIC WORKER

-He forfeits any unpaid salary equivalent to 15 days
-He is liable for the deployment expenses if termination is
done within 6 months from hiring

On the part of the EMPLOYER

-He is liable for indemnity in an amount equivalent to 15
days pay

Valid Reasons For Termination Of Employment

Relationship By Domestic Worker:

Verbal or emotional abuse

Inhumane treatment including physical abuse 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

Valid Reasons For Termination Of Employment

Relationship By Domestic Worker:

Violation by the employer of the terms and conditions of the

employment contract and other standards set forth under the law

If he is suffering from a disease prejudicial to the health of

the domestic worker, the employer, or members of the household

Other causes analogous to the foregoing

The employer can terminate the

services of the domestic worker for any of
the following causes

Misconduct or willful disobedience to lawful order in

connection with the work

Gross or habitual neglect or inefficiency

Fraud or willful breach of the trust

Commission of a crime or offense by the domestic worker

against the person of the employer or any immediate member of
the employers family

The employer can terminate the

services of the domestic worker for any of
the following causes

Violation by the domestic worker of the terms and conditions

of the employment contract and other standards set forth under
the law

If the domestic worker is suffering from a disease prejudicial

to his health, the health of the employer, or members of the
household

Other causes analogous to the foregoing

The Domestic Workers Act declares the

following acts as criminal offenses

Employing a domestic worker who is below 15 years old

Charging by the original employer any amount from

the household where the service of his domestic worker
was temporarily performed

Requiring the domestic worker to make deposits to answer

for losses or damage to tools, materials, furniture and
equipment in the household

The Domestic Workers Act declares the

following acts as criminal offenses

Placing the domestic worker under debt bondage

Interfering with the freedom of the domestic worker to dispose of

his wages or forcing, compelling or obliging the domestic worker
to purchase merchandise, commodities or other properties from
the employer of from any other person, or otherwise make use of
any store or services of such employer or any other person

Withholding the wages of the domestic worker or inducing

him to give up any part of his wages by force, stealth,
intimidation, threat or by any other means

Criminal Sanction

Fine not less than Ten thousand pesos but not more than
Forty thousand pesos