Republic of the Philippines
House of Representatives
Queson City

Fifteenth Congress
First Regular Session

2400

HOUSE BILL NO.

Introduced by HON. ROMEO M. ACOP

EXPLANATORY NOTE

The role of “inday” or “boy” in the lives of high and middle income families have long been
the subject of humor, if not ridicule, in TV sitcoms, noon-time shows and the like. The services of
“inday” or “boy”, our household workers, which include housemaids/houseboys, cooks, drivers
and yayas, have become an important, if not an indispensable, but often unrecognized element in
‘our daily lives. Considering their vital role in the family being the basic unit of society, it is only just
and equitable that this sector be given fair treatment in the interest of social justice. In the same
way, in order to promote and protect the interests of families employing the services of household
workers, the employment aspects must be subjected to reasonable regulations.

The present law, Presidential Decree No. 442, otherwise known as the Labor Code of the
Philippines, as amended, needs modification with respect to the terms and conditions of
employment of household workers. The minimum wage provided by said law is a measly P800.00
amonth in Metro Manila and in highly urbanized cities, P650.00 for other chartered cities and first
class municipalities, and PS00.00 in other municipalities. Such amount, if we are to consider the
present economic situation, is not even enough for a week’s consumption for a family of four.
Aside from increasing their minimum wage, this bill also includes provisions pertaining to form and
place of payment of wages, among others.

The measure also provides for the mandatory inclusion of every household helper in Social
Security System (SSS) and Philippine Health Insurance Company (Philhealth). For the protection of
the interests of the employers, the bill included provisions requiring household workers of
necessary clearances and certificates attesting to their moral qualifications from the government
authorities.

In view of the foregoing, the approval of this bill is earnestly sought.

MEO M.. ACO}


Republic of the Philippines
Wouse of Representatives
Quezon City
Fifteenth Congress
First Regular Session

HOUSE BILL NO. 2400

Introduced by HON. ROMEO M. ACOP

AN ACT
PROVIDING FOR ADDITIONAL BENEFITS AND PROTECTION TO THE HOUSEHELPERS THEREBY
AMENDING FOR THIS PURPOSE ARTICLES 141, 142,143, 148 AND 151 OF CHAPTER III, P.D.
442, AS AMENDED, OTHERWISE KNOWN AS THE “LABOR CODE OF THE PHILIPPINES”, AND
FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines 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:

“ART 141. COVERAGE. - This Chapter shall apply to all persons rendering services in
household for compensation.

“Domestic [or household service] HELPER’, “HOUSEHOLD HELPER” OR
“KASAMBAHAY” {shall mean service in the employer's home which is usually
necessary or desirable for the maintenance 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 HOMEOWNER-EMPLOYER
UNDERTAKING TASKS ASCRIBED AS NORMAL HOUSEHOLD CHORES WITHIN A
SPECIFIC HOUSEHOLDS. THE TERM INCLUDES MAIDS, COOKS, HOUSEBOYS AND
“YAYAS” WHO PROVIDE DAILY SERVICE, EITHER ON A FULL-TIME, LIVE-IN OR LIVE-
OUT BASIS.”

SECTION. 2. Article 142 of P. D. 442, as amended, is hereby amended and renumbered to read as
follows:

"ART. 142 (1). CONTRACT OF DOMESTIC SERVICE. - [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 parties] 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
COPY OF THE DULY SIGNED CONTRACT OF SERVICE WHICH SHALL INCLUDE THE
FOLLOWING:


(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). MEDICAL OR HEALTH CERTIFICATE, BARANGAY CLEARANCE AND
BIRTH CERTIFICATE AS PRE-REQUISITES FOR EMPLOYMENT. - 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 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).”

SECTION. 3. Article 143 of Presidential Decree No. 442, as amended, is hereby amended and
renumbered to read as follows:

“ART, 143. 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 (P800.00)] THREE THOUSAND PESOS (P3,000.00) a
month for househelpers [in Manila, Quezon, Pasay and Caloocan cities and the
municipalities of Makati, San Juan, Mandaluyong, Muntinlupa, Navotas, Malabon,
Paranaque, Las Pinas, 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 (P6S0.00)] TWO THOUSAND FIVE HUNDRED PESOS
(P2,500.00) a month for those EMPLOYED in other chartered cities and first class
municipalities; and

(3) [Five Hundred fifty pesos (P550.00)] TWO THOUSAND PESOS (P2,000.00) 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

[Provided, further, That those househelpers who are receiving at least One
thousand pesos (P1,000.00) shall be covered by the Social 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 ADJUST THE
APPROPRIATE MINIMUM WAGE RATES OF HOUSEHOLD OR DOMESTIC HELPERS.”


SECTION. 4. The following new provisions shall be inserted after Article 143 of Presidential Decree
442, as amended, to read as follows:

“ART. 143-A. PAYMENT OF WAGES. - PAYMENT OF WAGES SHALL BE MADE
DIRECTLY TO THE DOMESTIC WORKER TO WHOM IT IS 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 WORER 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-B. PAY SLIP. - 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-C. 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 SECRETARY OF LABOR MAY PRESCRIBE UNDER CONDITIONS
‘TO ENSURE PROTECTION OF WAGES.”

“ART. 143-D. 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
EMPLOYER OR FROM ANY OTHER PERSON, OR OTHERWISE MAKE USE OF ANY
STORE OR SERVICES OF SUCH EMPLOYER OR ANY OTHER PERSON.”

“ART. 143-E. PROHIBITION AGAINST WITHHOLDING OF WAGES. - IT SHALL BE
UNLAWFUL FOR 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-F. 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-G. PROHIBITION ON BONDED LABOR. - IT SHALL BE UNLAWFUL FOR AN
EMPLOYER TO USE THE FUTURE SERVICES OF THE HOUSEHELPERS AS COLATERAL
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
CONTINUOUS EMPLOYMENT AS A FORM OF PAYMENT FOR ANY LOAN OR
‘ADVANCE MADE BY THE LATTER.”


“ANY EMPLOYER WHO VIOLATES THESE PROVISIONS SHALL BE PUNISHED UNDER
EXISTING PENAL LAWS WITHOUT PREJUDICE TO CIVIL AND ADMINISTRATIVE CASES
WHICH MAY BE FILED AGAINST HIM/HER.”

SECTION. 5. 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 kasambahay shall conform to the minimum standards set by
this Act.

SECTION. 6. 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.”

SECTION. 7. The following new provisions shall be inserted after Article 148 of Presidential Decree
442, as amended, to read as follows:

“ART, 148-A, ALL HOUSEHOLD HELPERS SHALL BE COVERED BY THE SOCIAL
SECURITY SYSTEM (SSS) AND BE ENTITLED TO ALL THE 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.”

“ART. 148-B. MEMBERSHIP IN THE PHILIPPINE HEALTH INSURANCE CORPORATION
(PHILHEALTH). - ALL HOUSEHELPERS SHALL BE COVERED BY THE PHILIPPINE
HEALTH INSURANCE CORPORATION (PHILHEALTH) IN ACCORDANCE WITH THE
GUIDELINES AND BE ENTITLED TO ALL THE BENEFITS PROVIDED BY LAW, THE
PREMIUM PAYMENTS FOR PHILHEALTH CONTRIBUTIONS SHALL BE SHOULDERED
BY THE EMPLOYER.”

SECTION. 8. Article 151 of Presidential Decree No. 442, as amended, is hereby amended to read as
follows:

“ART. 151. EMPLOYMENT CERTIFICATION. - Upon the severance of the household
service relation, the employer shall give the househelper/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.”

SECTION. 9. A new provision shall be inserted after Article 151 of Presidential Decree 442 to read
as follows:

“ART. 151-A. EMPLOYER'S REPORTORIAL DUTIES. - EVERY EMPLOYER OF A
DOMESTIC WORKER IS MANDATED TO REGISTER THEIR KASAMBAHAY IN
ACCORDANCE WITH THE REGISTRATION SYSTEM THAT SHALL BE ESTABLISHED BY
LOCAL GOVERNMENT UNITS FOR THE MUTUAL PROTECTION OF THE
KASAMBAHAYS AND THE EMPLOYER.”

“EVERY EMPLOYER OF A 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:

(1) REGISTER OF ALL DOMESTIC WORKERS EMPLOYED BY HIM/HER, INDICATING
‘THE DATES OF THEIR BIRTH;

(2) SEPARATE FILE FOR THEIR EMPLOYMENT CONTRACTS AND EMPLOYMENT
CERTIFICATES;

(3) SEPARATE FILE FOR THEIR BARANGAY CLEARANCE; AND
(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.”

SECTION. 10. Role of Local Government Units. - Local government units (LGUs) shall facilitate the
access of all kasambahays to all existing programs and services. The LGUs, through their local
development plans, shall prioritize concerns regarding the kasambahays and develop and
implement plans and programs in support of this law.

SECTION. 11. Araw ng mga Kasambahay. - The date upon which the President shall approve this
Act will be designated as the “Araw ng mga Kasambahay”.

SECTION. 12. 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.

SECTION. 13. 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.


SECTION. 14. 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.

SECTION. 15. 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.