FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
8 JUL 29 ?d:;'?' 
Second Regular Session 
1 
S E N A T E  
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~~~~~,~~~~~~ E!'\". 
Senate Bill No. 2493 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
It has been emphasized time and again that Filipino workers are preferred 
in different professions and jobs abroad because of their competence, hard work, 
and dedication. 
Due recognition and appreciation has been given to their contribution to 
the lives of their families and to the life of the nation, but sufficient safeguard 
measures that will fully protect their rights and welfare have still to be realized. 
Among, if not the most vulnerable workers overseas are the domestic 
workers. 
Just as domestic helpers or "kasambahap" here in our country, 
migrant household service workers (HSW), including other employees who are 
home-based such as private nurses, care givers, and nannies, have a distinct and 
unique situation, thus have special needs and require special protection 
especially in a foreign land. This is in addition to the fact that majority, if not all 
of household service workers are women. 
Migrant household service workers generally stay in the house of their 
employers. This situation makes it difficult to determine and strictly implement 
their working hours to allow time for their rest and recreation. More importantly, 
their in-house stay in their employer's residence exposes them to various threats, 
dangers and abuses. 
We have heard harrowing stories of domestic workers 
abroad being maltreated and abused in the very home of their employers, some 
never allowed communication with their colleagues in the locality or their families 
back home, many incarcerated and never allowed to go back to the Philippines. 
This and many more untold stories call for a measure that will provide 
protection to these workers who are at the mercy of their employers twenty four 
(24) hours a day. 
This measure proposes the definition of the working hours of migrant 
HSWs to eight (8) hours a day, thus entitling them to overtime pay should they 
work beyond that period, and allow them enough time for rest. 
This bill also proposes the establishment of living quarters far them. Such 
quarters shall be established in major cities and localities where there are a 
significant number of migrant HSWs. The objective is to provide them decent 


shelter that will serve as their refuge frorn physical, emotional and psychological 
harm both from nature and from their employers. 
Based on the report of Philippine Overseas Employment Administration 
(POEA), “OFW Global Presence: A Compendium of Overseas Employment 
Statistics 2006“, there are 1,062,567 overseas Filipino workers (OFWs) deployed 
in 197 country destinations in 2006. The greatest number of workers falls under 
the Household and Related workers category, accounting for 29% of the total 
deployed landbased newly hires, or a total of 91,451. Of this number, 1,590 are 
male and 89,861 are female. 
For the interest of the migrant domestic workers, the passage of this bill is 
earnestly sought. 
U 
Senator 


8 JUL 29 i'4 27 
FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
*, 
~~~~~~~~~~~ 
P? 
OF THE PHILIPPINES 
1 
Second Regular Session 
1 %  
S E N A T E  
Senate Bill No. 2 4 9 3 
INTRODUCED 6Y SEN. JINGGOY EJERCITO ESTRADA 
AN ACT DEFINING THE WORKING HOURS AND PROVIDING FOR THE 
ESTABLISHMENT OF LIVING QUARTERS FOR MIGRANT DOMESTIC 
WORKERS I N  ALL MAJOR CITIES 
AND LOCALITIES OF THEIR 
COUNTRIES OF DESTINATION, PROVIDING FUNDS THEREFOR, AND 
FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
Section 1. Declamtion of Poky - It is the policy of the State to afford full 
protection to labor, local and overseas, protect the lives and rights of workers 
and promote their welfare. It shall protect every citizen desiring to work locally 
or overseas by securing for him the best possible terms and conditions of 
employment. 
Sec. 2. MHrant Household Service Workers; Definition. - Migrant household 
service workers refers to overseas Filipino workers classified under Household 
and Related Workers, and workers under other classifications, such as Medical 
Related Workers, Caregivers and Caretakers, and others who work in a 
household setting and perform duties and tasks that respond to the domestic 
needs of the employer. 
Sec. 3. 
Working Hours of Migmnt Household Service Workers. - The normal 
hours of work of migrant Filipino household service workers shall not exceed 
eight (8) hours a day. Hours worked shall include all time during which the 
household worker is required to be on duty or to be at a prescribed workplace 
and all time during which the household worker is permitted to work. 
Rest periods of short duration and at least sixty (60) minutes meal periods for 
their regular meals during working hours shall be counted as hours worked. 
Work rendered beyond the said period shall constitute overtime and shall be 
remunerated accordingly. 


Such terms shall be reflected in the employment contract of migrant household 
service workers. 
Sec. 4. 
Mandatoty Stay of Migrant Domestic Helpers in Living Quarters. - 
During the period of their contract, migrant Filipino household service workers 
shall reside in living quarters that shall be established according to this Act. The 
employer shall shoulder the cost of the domestic worker's accommodation in the 
said living quarters. 
Such terms shall be reflected in the employment contract of migrant household 
service workers. 
Sec. 5. Establishment of Living Quarters in Countries of Destination of Migrant 
Household Service Workers. - The Department of Labor and Employment 
(DOLE), in coordination with the Department of Foreign Affairs (DFA), through 
their foreign posts and overseas labor offices, respectively, shall establish at least 
one (1) living quarters for migrant household service workers in all major cities 
and localities of their countries of destination. 
The living quarters shall provide a decent shelter, a library, and a small clinic. 
The DOLE and DFA shall ensure that they have a safe and comfortable refuge 
after their working hours, There shall be a social worker designated by the 
DSWD who shall regularly check the presence or absence and the welfare of the 
migrant household service workers. 
Sec. 6. Beneficiaries of the Living Quarters. - To ensure that it serves the best 
interest of its target beneficiaries, only migrant household service workers with 
legal contract may be accommodated in the living quarters as established in this 
Act. They shall stay at the quarters only during the valid period of their contract. 
The quarters shall be for the occupancy exclusively of migrant household service 
workers. Should it accommodate overseas Filipino workers (OFWs) from other 
jobs or profession, or be utilized for other purposes, it should give priority to the 
migrant household service workers and should not, in any way, displace its 
rightful occupants. 
Sec. 7. Acquisition of the Living Quarters. - Subject to procurement procedures, 
the living quarters for migrant household service workers may be owned and 
rented by the Philippine government, based on the recommendation of DOLE 
and DFA. Any existing property of the Philippine government in other countries 
that is available and that fits the requirements of living quarters may also be 
utilized. 
The DSWD shall recommend and/or evaluate the quarters and shall give advice 
on the kinds of activities that may be held in the living quarters. 
Sec. 8. 
Provisions in the living Quarters. - The living quarters shall have 
minimum provisions for light, water and electricity. Media and communication 


facilities such as television, radio, updated newspapers from the Philippines, pay 
telephone and computer with internet access shall also be made available. 
Sec. 9. Activities in the Living Quarters. - The tenants of the living quarters 
shall be allowed to accept guests subject to the rules and regulations of the 
management. 
They shall be free to exercise worship, and conduct discussions, studies and 
conferences that will redound to the benefit of all tenants of the living quarters. 
Sec. 10. Opmtion, Managemen4 and Maintenance of the Living Quarters. - 
The DOLE, in coordination with DFA, shall operate, manage and maintain the 
living quarters and shall institute rules, regulations and policies in relation to 
accommodation of tenants, house rules, employment of administrative and 
maintenance personnel, if necessary, and others. 
Sec. 11. Funds. - The funds necessary for the implementation of this Act shall 
be included in the budget of DOLE and DFA in the General Appropriations Act 
following the enactment of this law. 
Sec. 12. Penalty - Any Philippine recruitment agency that fails to comply with 
the provisions of this Act shall be penalized with a fine of P500,OOO.OO and a 
minimum of one (1) year imprisonment of its president or manager, and a 
revocation of license on the second offense. 
Sec. 13. Implementing Rules and R6yulations. - The DOLE, in coordination with 
DFA, shall formulate the implementing rules and regulations of this Act within 
ninety (90) days from the approval of the same. 
Sec. 14. Separability Clause. - If any provision or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected 
shall remain valid and subsisting. 
Sec. 15. 
Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation 
contrary to, or inconsistent with the provisions of this Act is hereby repealed, 
modified or amended accordingly. 
Sec. 16. €‘&vi& 
C/ause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approve@