1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
7 
n“’F -2 ,\;_ 
,,,,. 
,<, 
.\.: 
I 
LIU 
First Regular Session 
1 
SENATE 
/ 
S. No. I662 
Prepared b y  the Committees on Labor, Employment and Human Resources 
Development and Social Justice, Welfwe & Rural Development 
“AN ACT 
PROVIDING FOR ADDITIONAL BENEFITS AND PROTECTION TO THE 
HOUSEHELPERS THEREBY AMENDING FOR THIS 
POSE ARTICLES 
141, 142,143, 148 AND 151 OF CHAPTER I11 
P.D. 442, AS 
AMENDED, OTHERWISE KNOWN AS “THE 
CODE OF THE 
PHILIPPINES” 
Be it enacted by the Senate and House OiRepresentatives of the Phirippines in 
Congress assembled: 
SECTION 1. Article 141 of Presidential Decree 442, as amended, 
otherwise known as the Labor Code of the Philippines” is hereby amended to 
read as follows: 
“Article 141. Coverage- This Chapter shall apply to all persons rendering 
services in household for compensation. 
“Domestic [or household 
service] 
“HELPER”, 
“HOUSEHOLD 
HELPERS” OR “KASAMBAHAY” [shall mean service in the employer’s 
home which is usually necessary or desirable for the maintainance and 
enjoyment thereof and includes ministering to the personal comfort and 
convenience of the members of the employers households, including services 
of family drivers.] REFERS TO ANY PERSON, WHO RENDERS FOR 
COMPENSATION, TO A HOMEOWNEWEMPLOYER UNDERTAKING 
TASKS ASCRIBED AS NORMAL HOUSEHOLD CHORES WITHIN A 
SPECIFIC HOUSEHOLDS. THE TERM INCLUDES MAIDS, COOKS, 
HOUSEBOYS AND ‘LYAYAS” WHO PROVIDE DAILY SERVICE, EITHER 
ON A FULL-TIME, LIVE-IN OR LTVE-OUT BASIS.” 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
SEC. 2. Article 142 of P. D. 442, as amended is hereby amended and 
renumbered to read as follows: 
"Art. 142 (1). Confracf of domesfic seroice. - [The original contract of 
domestic service shall not last for more than two (2 ) years but it may be 
renewed for such periods as may be agreed upon by the 
ALL 
HOUSEHOLD WORKING ARRANGEMENTS OR AGREEMENTS SHALL BE 
COVERED BY 
A 
WRITTEN EMPLOYMENT CONTRACT, IN A 
LANGUAGE OR DIALECT UNDERSTOOD BY BOTH THE EMPLOYER 
AND THE 
HOUSEHOLD HELPER, 
DULY SIGNED BY BOTH 
CONTRACTING PARTIES. 
EACH CONTRACTING PARTY SHALL BE 
PROVIDED WITH A COMPLETE SET OF THE DULY SIGNED CONTRACT 
OF SERVICE WHICH SHALL INCLUDE THE FOLLOWING: 
parties.] 
(1.1) PERIOD OF EMPLOYMENT, WHICH SHALL NOT 
EXCEED TWO (2) YEARS; 
(1.2) MONTHLY 
COMPENSATION 
AND 
MODE 
OF 
PAYMENT 
(1.3) ANNUAL SALARY INCREASE; 
(1.4) DUTIES AND RESPONSIBILITIES; 
(1.5) WORKING HOURS AND DAY-OFF SCHEDULE; AND 
(1.6) LIVING QUARTERS OR SLEEPING ARRANGEMENT." 
"ART. 142 (2). MEDIC& OR HEALTH CERTIETCATE, B M G A Y  
CLEARANCE AND BIRTH CERTLFIC;IITE AS 
PRE-REQUISITES 
FOR 
EMPL0l"ZENT. - 
AS PREREQUISITES FOR EMPLOYMENT IN 
DOMESTIC WORK, ALL PROSPECTIVE 
APPLICANTS 
SHOULD 
SECURE THE FOLLOWING DOCUMENTS: 
(2.1) MEDICAL CERTIFICATE OR IN LIEU THEREOF, 
HEALTH CERTIFICATE ISSUED BY A LOCAL GOVERNMENT HEALTH 
2 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
OFFICERS ATTESTING TO THE PHYSICAL AND MENTAL FITNESS OF 
THE DOMESTIC WORKER; 
(2.2) BARANGAY CLEARANCE;AND 
(2.3) DULY AUTHENTICATED BIRTH CERTIFICATE FROM 
THE NATIONAL STATISTICS OFFICE (NSO).” 
SEC. 3. 
Subparagraphs (l), (2) and (3), Article 143 of Presidential 
Decree No. 442, an amended, are hereby amended and renumbered to read 
as follws: 
“Art. 143-(1). Minimum wage. - (a) House helpers OR 
DOMESTIC HELPERS, AS DEFINED UNDER THIS ACT, shall be paid the 
following minimum wage rates: 
(1) 
[Eight Hundred Pesos (PSOO.OO)] 
THREE THOUSAND 
PESOS (P3,OOO.OO) a month for househelpers [in Manila, Quezon, Pasay 
and Caloocan cities and the municipalities of Makati, San Juan, 
Mandaluyong, Muntinlupa, Navotas, Malabon, Paraiiaque, Las PiAas, 
Pasig, Marikina, Valenzuela, Taguig and Pateros in Metro Manila and in 
highly urbanized cities] EMPLOYED IN THE NATIONAL CAPITAL 
REGION; 
(2) 
[Six Hundred Fifty pesos (P650.00)] TWO THOUSAND 
FIVE HUNDRED PESOS (P2,SOO.OO) a month for those EMPLOYED in 
other chartered cities and first class municipalities; and 
(3) 
[Five Hundred fifty pesos (P55O.OO)l TWO THOUSAND 
PESOS (P2,OOO.OO) a month for those in other municipalities. 
[Provided, That the employers shall review the employment 
contracts of their househelpers every three (3) years with the end in 
view of improving the terms and conditiond thereof.] 
[Provided, further, That those househelpers who are receiving 
at least One thousand pesos (P1,OOO.OO) shall be covered by the Social 
3 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
Security System (SSS) and be entitled to all the benefits provided 
thereunder .] 
“AFTER ONE (1) YEAR FROM THE EFFECTIVITY OF THIS ACT 
AND EVERY YEAR THEREAFTER THE REGIONAL TRIPARTITE WAGES 
AND PRODUCTIVITY 
BOARDS (RTWPBS) SHALL REVIEW, AND IF 
PROPER, DETERMINE AND AD JUST APPROPRIATE MINIMUM WAGE 
RATES OF HOUSEHOLD OR DOMESTIC HELPERS.” 
‘‘ART. I43 (2). PAYMENT OF WAGE, - PAYMENT OF WAGES 
SHALL BE MADE DIRECTLY TO THE 
DOMESTIC 
WORKER 
TO 
WHOM THEY ARE DUE IN CASH, AT LEAST TWICE A MONTH. THE 
EMPLOYER, UNLESS ALLOWED BY THE DOMESTIC WORKER 
THROUGH A WRITTEN CONSENT, SHALL MAKE NO DEDUCTIONS 
FROM HIS/HER WAGES OTHER THAN THAT WHICH IS 
MANDATED 
BY LAW. NO EMPLOYER SHALL PAY THE WAGES OF A DOMESTIC 
W O R E R  BY MEANS OF PROMISORY NOTES, VOUCHERS, COUPONS, 
TOKENS, TICKETS, CHITS OR ANY OBJECT OTHER THAN THE CASH 
WAGE AS PROVIDED FOR UNDER THIS ACT.” 
“ART. 143 (3). PAY SUP. - ALL EMPLOYERS ARE MANDATED AT 
ALL TIMES TO PROVIDE THEIR DOMESTIC 
WORKER 
WITH 
A 
COPY OF THEIR PAY SLIP WHICH SHALL CONTAIN 
THE 
AMOUNT 
PAID IN CASH BY THE EMPLOYER TO 
THE DOMESTIC WORKER 
EVERY PAY DAY, AS PRESCRIBED UNDER THIS ACT. THE COPIES OF 
THE PAY SLIP MUST BE KEPT BY THE EMPLOYER FOR A PERIOD OF 
THREE (3) YEARS.” 
‘‘ART. 143 (4). PLACE OF PAYMENT, - PAYMENT OF WAGES 
SHALL BE MADE AT OR NEAR THE PLACE OF UNDERTAKING, EXCEPT 
AS 
OTHERWISE PROVIDED BY 
SUCH REGULATIONS AS 
THE 
4 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
I5 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
SECRETARY OF LRBOR MAY PRESCRIBE UNDER CONDITIONS TO 
ENSURE PROTECTION OF WAGES.” 
“ART. 143 (5) PROHIBITION OR INTERFERENCE IN DISPOSAL OF 
WAGES- NO EMPLOYER SHALL LIMIT OR OTHERWISE INTERFERE 
WITH THE FREEDOM OF ANY DOMESTIC WORKER TO DISPOSE OF 
HIS/HER WAGES. THE EMPLOYER SHALL NOT IN ANY MANNER 
FORCE, COMPEL, OR OBLIGE THE DOMESTIC WORKER TO 
PURCHASE MERCHANDISE, COMMODITIES OR OTHER PROPERTIES 
FROM THE EMPLOYERS OR FROM ANY OTHER PERSON, OR 
OTHERWISE MAKE USE OF ANY STORE OR SERVICES OF SUCH 
EMPLOYER OR ANY OTHER PERSON.” 
“ART. 143 (6) PROHIBITION AGAINST WZTHOLDING OF WAGES - 
IT SHALL BE UNLAWFUL €OR AN EMPLOYER, DIRECTLY OR 
INDIRECTLY, TO WITHHOLD ANY AMOUNT FROM THE WAGES OF 
THE DOMESTIC WORKER OR INDUCE HIM/HER TO GIVE UP ANY 
PART OF HIS/HER WAGES BY FORCE, STEALTH, INTIMIDATION, 
THREAT OR BY ANY OTHER MEANS WHATSOEVER. ’’ 
“ART. 143 (1). 
PROHIBITION ON DEPOSITS FOR LOSS OR 
DAMAGE. - NO EMPLOYER SHALL REQUIRE HIS/HER DOMESTIC 
WORKER TO MAKE DEPOSITS FROM WHICH DEDUCTIONS SHALL BE 
MADE FOR THE REIMBURSEMENT OF LOSS OR DAMAGE TO TOOLS, 
MATERIALS, FURNITURE AND EQUIPMENT IN THE HOUSEHOLD.” 
“ART. 143 (8). PROHIBITION ON BONDED LABOR - IT SHALL BE 
UNLAWFUL FOR AN EMPLOYER TO USE THE FUTURE SERVICES OF 
THE HOUSEHELPERS AS COUATERAL FOR A LOAN OR ADVANCE 
MADE BY THE LATTER, LIKEWISE, IT SHALL BE UNLAWFUL FOR THE 
EMPLOYER TO BIND THE HOUSEHOLD HELPER FOR HIS/HER 
5 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
CONTINUOUS EMPLOYMENT AS A FORM OF PAYMENT FOR ANY 
LOAN OR ADVANCE MADE BY THE LATTER.” 
“ANY EMPLOYER WHO VIOLATES THIS PROVISIONS SHALL BE 
PUNISHED UNDER EXISTING PENAL LAWS WITHOUT PREJUDICE TO 
CIVIL AND ADMINISTRATrVE CASES WHICH MAY BE FILED AGAINST 
HIM/HER. ” 
SEC. 4. NON-DIMINUTION CLAUSE - NOTHING IN THIS ACT 
SHALL 
BE 
CONSTRUED 
TO 
CAUSE 
THE 
DIMINUTION OR 
SUBSTITUTION OF ANY BENEFITS AND PRIVILEGES CURRENTLY 
ENJOYED BY THE KASAMBAHAY. 
ALL EXISTING ARRANGEMENTS 
BETWEEN EMPLOYER AND KKSAMBAHAY SHALL CONFORM TO THE 
MINIMUM STANDARDS SET BY THIS ACT.” 
SEC. 5. Article 148 of Presidential Decree No. 442, as amended, is 
hereby amended to read as follows: 
“Art. 148. Board, lodging and medical attendance- The Employer shall 
furnish the househelper free of charge suitable and sanitary living quarters as 
well as adequate food and medical attendance. 
“EVERY 
EMPLOYER SHALL KEEP IN HIS/HER HOUSEHOLD SUCH 
FIRST-AID MEDICINES AND EQUIPMENT AS THE NATURE AND 
CONDITIONS OF DOMESTIC WORK MAY REQUIRE, IN ACCORDANCE 
WITH THE RULES AND REGULATIONS THAT WILL BE PRESCRIBED BY 
THE DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE), IN 
ACCORDANCE WITH THE PROVISION OF THIS ACT.” 
SEC. 6. A new provision, Article 148-(1) is hereby inserted to read as 
follows: 
“ART. 148-(1) ALL HOUSEHOLD HELPERS SHALL BE COVERED BY 
THE SOCIAL SECURITY SYSTEM (SSS) AND BE ENTITLED TO ALL THE 
6 


5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
BENEFITS IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF 
REPUBLIC ACT NO. 1611, AS AMENDED.” 
“THE SSS SHALL IMPLEMENT THE OUTREACH PROGRAM THAT WILL 
FACILITATE THE REMITTANCE OF SSS CONTRIBUTIONS OF THE 
HOUSEHELPER AND EMPLOYER THROUGH THE MOST FEASIBLE 
MEANS. THIS OUTREACH PROGRAM SHALL BE CONCEPTUALIZED 
AND INITIATED WITHIN ONE (1) YEAR FROM THE DATE OF THE 
EFFECTIVITY OF THIS ACT.” 
SEC. 1. A new provision, Article 148-(2) is hereby inserted to read as 
follows: 
”ART. i4a-(q MEMBERSHIP IN 
THE PHILIPPINE HWILTH 
INSURANCE CORPORATION (PHILHEALTH)- ALL HOUSEHELPERS SHALL 
BE 
COVERED 
BY 
THE 
PHILIPPINE 
HEALTH 
INSURANCE 
CORPORATION 
(PHILHEALTH) 
IN 
ACCORDANCE 
WITH 
THE 
GUIDELINE AND BE ENTITLED TO ALL THE BENEFITS PROVIDED BY 
LAW, THE PREMIUM PAYMENTS FOR PHILHEALTH CONTRIBUTIONS 
SHALL BE SHOULDERED BY THE EMPLOYER.” 
SEC. 8. Article 151 of Presidential Decree No. 442, as amended, is 
hereby amended to read as follows: 
“Art. 151-(1). Employment Certification- Upon the severance of the 
household 
service 
relation, 
the 
employershall 
give 
the 
househeIper/DOMESTIC 
WORKER 
a 
written 
EMPLOYMENT 
CERTIFICATION INDICATING [statement of] the nature, [and] duration of 
the service, WORK PERFORMANCE, [and his or her] efficiency and conduct 
as househelper/DOMESTIC WORKER.” 
“ART. 151-(2). EMPLOYER’S REPORTORLAL DUTIES. - EVERY 
EMPLOYER OF DOMESTIC WORKER IS MANDATED TO REGISTER 
THEIR KASAMBAHAY IN ACCORDANCE WITH THE REGISTRATION 
7 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
SYSTEM THAT SHALL BE ESTABLISHED BY LGUS FOR THE MUTUAL 
PROTECTION OF THE KASAMBAHAYS AND THE EMPLOYER.” 
“EVERY EMPLOYER OF DOMESTIC WORKER IS ALSO MANDATED TO 
KEEP THE FOLLOWING RECORDS TO REFLECT THE ACTUAL TERMS 
AND CONDITIONS OF EMPLOYMENT OF HIS/HER DOMESTIC 
WORKER FOR A PERIOD OF THREE (3) YEARS AFTER THE DOMESTIC 
WORKER HAS LEFT THE SERVICES OF THE EMPLOYER FOR PURPOSES 
OF DOCUMENTATION: 
(2.1) REGISTER OF ALL DOMESTIC WORKERS EMPLOYED BY 
HIMIHER, INDICATING THE DATES OF THEIR BIRTH; 
(2.2) SEPARATE FILE FOR THEIR EMPLOYMENT CONTRACTS 
AND EMPLOYMENT CERTIFICATES; 
(2.3) SEPARATE FILE FOR THEIR BARANGAY CLEARANCE; AND 
(2.4) SEPARATE FILE FOR THEIR MEDICAL OR HEALTH 
CERTIFICATES. ” 
“IT SHALL BE UNLAWFUL FOR ANY EMPLOYER TO MAKE ANY 
REPORT OR RECORD, PURSUANT TO THE PROVISIONS OF THIS ACT, 
KNOWING SUCH REPORT OR RECORD TO BE FALSE.’’ 
SEC. 9. 
ROLE OF LOCAL GOVERNMENT UNITS. - 
LOCAL 
GOVERNMENT UNITS (LGUS) SHALL FACILITATE ACCESS OF 
ICASAMBAHAYS TO ALL EXISTING PROGRAMS AND SERVICES. THE 
LGUS, THROUGH THEIR LOCAL DEVELOPMENT PLANS, SHALL 
PRIORITIZE CONCERNS REGARDING KASAMBAHAYS AND DEVELOP 
AND IMPLEMENT PLANS AND PROGRAMS IN SUPPORT OF THIS 
LAW.” 
SEC. 10. ARAW NG MGA ImAMBAmYS - THE DATE UPON 
WHICH THE PRESIDENT SHALL APPROVE THIS BATAS KASAMBAHAY 
WILL BE DESIGNATED AS THE “ARAW NG MGA KASAMBAHAY”. 
8 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
SEC. 11. Implementing Rules and Regulations. - The Department of 
Interior and Local Government and the Department of Labor and 
Employment, in collaboration with other government agencies charged with 
the implementation of the provisions of this Act shall, within a period of 
NINETY (90) DAYS from the date of its effectivity, promulgate the necessary 
implementing rules and regulations. 
SEC. 12. Repealing Clause. -All laws, decrees, presidential issuances, 
executive orders, rules and regulations or parts thereof not consistent with the 
provisions of this Act are hereby amended, repealed or modified 
accordingly. 
SEC. 13. Separability Clause. - If any provision or part of this Act, or 
the application thereof to any person or circumstance be held unconstitutional 
or be declared invalid, the remainder of this Act shall not be affected thereby. 
SEC. 14. Effectivity Clause. -This Act shall take effect fifteen (15) days 
following the completion of its publication in the Official Gazette or in two (2) 
newspapers of general circulation. 
Approved. 
9