FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B.'No. 
7 
HI 
JUL -1 
AS :51 
Introduced by Senator Loren Legarda 
This bill recognizes the dignity and the nobility of household helpers or our 
beloved "kasambahays" by promoting their rights and protecting their welfare. 
The Labor Code of the Philippines defines domestic helpers as those who 
perform such services in the employer's home, which are usually necessary or 
desirable for the maintenance and enjoyment thereof, or minister to the personal 
comfort, convenience, or safety of the employer as well as the members of his 
household. Domestic helpers enable their employers to fully pursue their own 
economic and social activities. Their work is no longer confined to doing household 
chores but more importantly, they have become "companions at home" or 
"kasambahay." 
Clearly, given the work they perform in our homes and the services they 
render, our "kasambahays" are not only overworked but poorly compensated. It is 
therefore imperative that we recognize their invaluable contribution to our society 
by acknowledging their distinct needs and providing for minimum working 
conditions that will ensure the protection of this traditionally informal labor sector. 
This bill makes it mandatory for all household working arrangements to be in 
writing in a language or dialect understood by both employer and household 
helpers. The minimum wage for household helpers shall be increased to four 
thousand pesos. 
Furthermore, house helpers shall be entitled to 13th month pay, membership 
in the Social Security System and Philippine Health Insurance Corporation, vacation 
leaves, maternity benefits, and deployment expenses. Finally, this proposed measure 
provides for the rights and privileges of household helpers in general, household 
helpers in minority age, and self-employed household helpers, which include a 
standard of treatment, prohibition on labor sub-contracting, prohibition on 
recruitment and finder's fees, provision for basic necessities, among others. 
It is high time that we extend to our kasambahay's recognition for the value 
of their service and their loyalty to the household. 
~ORE~A 
S, 
Senator 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
i 
'I 
S.B. No. _---=-__ 
:;r" '\ i~ H. 
Off l:E: or -: 1- f 
,~: ;;::~: Ff L:r ~ AY 
I() JUL -I AILS1 
Introduced by Senator Loren Legarda 
AN ACT 
PROVIDING 
FOR ADDITIONAL 
BENEFITS 
AND PROTECTION TO 
HOUSEHOLD HELPERS THEREBY AMENDING FOR THIS PURPOSE 
ARTICLES 141, 142, 143, 148 AND 151 OF CHAPTER III OF PRESIDENTIAL 
DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS "THE LABOR 
CODE OF THE PHILIPPINES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Article 141 of Presidential Decree No. 42, as amended, otherwise 
2 
known as the Labor Code of the Philippines" is hereby amended to read as follows: 
3 
4 
" Article 141. Coverage - This Chapter shall apply to all persons 
5 
rendering services in household for compensation. 
6 
7 
"Domestic [or household serviceJ "HELPER", "HOUSEHOLD 
8 
HELPERS" OR "KASAMBAHAY" [shall mean service in the 
9 
employer's home which is usually necessary or desirable for the 
10 
maintenance and enjoyment thereof and includes ministering to the 
11 
personal comfort and convenience of the members of the employers 
12 
households, including services of family drivers.] REFERS TO ANY 
13 
PERSON, WHO RENDERS FOR COMPENSATION, TO A 
14 
HOMEOWNERjEMPLOYER UNDERTAKING TASKS ASCRIBED 
15 
AS NORMAL HOUSEHOLD CHORES WITHIN A SPECIFIC 
16 
HOUSEHOLD. 
THE 
TERM 
INCLUDES 
MAIDS, 
COOKS, 
17 
HOUSEBOYS AND "YAYAS" WHO PROVIDE DAILY SERVICE, 
18 
EITHER ON A FULL-TIME, LIVE-IN OR LIVE-OUT BASIS." 
19 
20 
SEC. 2. Article 142 of Presidential Decree No. 442, as amended, is hereby 
1 


1 
"Art. 142 (1). Contract of domestic service. - [The original contract 
2 
of domestic service shall not last for more than two (2 ) years but it 
3 
may be renewed for such periods as may be agreed upon by the 
4 
parties.] ALL HOUSEHOLD WORKING ARRANGEMENTS OR 
5 
AGREEMENTS 
SHALL 
BE 
COVERED 
BY 
A 
WRITTEN 
6 
EMPLOYMENT CONTRACT, IN A LANGUAGE OR DIALECT 
7 
UNDERSTOOD 
BY 
BOTH 
THE 
EMPLOYER 
AND 
THE 
8 
HOUSEHOLD 
HELPER, 
DULY 
SIGNED 
BY 
BOTH 
9 
CONTRACTING 
PARTIES. 
EACH 
CONTRACTING 
PARTY 
10 
SHALL BE PROVIDED WITH A COMPLETE SET OF THE DULY 
11 
SIGNED CONTRACT OF SERVICE WHICH SHALL INCLUDE 
12 
THE FOLLOWING: 
13 
14 
a. PERIOD OF EMPLOYMENT, WHICH SHALL NOT EXCEED 
15 
TWO (2) YEARS; 
16 
b. MONTHLY COMPENSATION AND MODE OF PAYMENT; 
17 
c. ANNUAL SALARY INCREASE; 
18 
d. DUTIES AND RESPONSIBILITIES; 
19 
e. WORKING HOURS AND DAY-OFF SCHEDULE; AND 
20 
f. LIVING QUARTERS OR SLEEPING ARRANGEMENT." 
21 
22 
"ART. 142 (2). MEDICAL OR HEALTH CERTIFICATE, 
23 
BARANGAY CLEARANCE AND BIRTH CERTIFICATE AS PRE-
24 
REQUISITES FOR EMPLOYMENT. - AS PREREQUISITES FOR 
25 
EMPLOYMENT IN DOMESTIC WORK, ALL PROSPECTIVE 
26 
APPLICANTS 
SHOULD 
SECURE 
THE 
FOLLOWING 
27 
DOCUMENTS: 
28 
29 
a) (2.1) 
MEDICAL CERTIFICATE OR IN LIEU THEREOF, 
30 
HEALTH CERTIFICATE ISSUED BY A LOCAL GOVERNMENT 
31 
HEALTH OFFICERS ATTESTING TO THE PHYSICAL AND 
32 
MENTAL FITNESS OF THE DOMESTIC WORKER; 
33 
b) BARANGAY CLEARANCE; AND 
34 
c) DULY AUTHENTICATED BIRTH CERTIFICATE FROM THE 
35 
NATIONAL STATISTICS OFFICE (NSO)." 
36 
2 


1 
SEC. 3. Subparagraphs (1), (2) and (3), Article 143 of Presidential Decree No. 
2 
442, as amended, are hereby amended and renumbered to read as follows: 
3 
4 
"Art. 143 (1). Minimum wage. - (a) House helpers OR 
5 
DOMESTIC HELPERS, AS DEFINED UNDER THIS ACT, shall be 
6 
paid the following minimum wage rates: 
7 
8 
(1) [Eight Hundred Pesos (P800.00)] FOUR THOUSAND 
9 
PESOS (P4,OOO.OO) a month for househelpers [in Manila, Quezon, 
10 
Pasay and Caloocan cities and the municipalities of Makati, San 
11 
Juan, Mandaluyong, Muntinlupa, Navotas, Malabon, Parafiaque, 
12 
Las Pifias, Pasig, Marikina, Valenzuela, Taguig and Pateros in 
13 
Metro Manila and in highly urbanized cities] EMPLOYED IN THE 
14 
NATIONAL CAPITAL REGION; 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
(2) [Six Hundred Fifty pesos (P650.00)] 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,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 conditions thereof.] 
[Provided, further, That those househelpers who are receiving 
at least One thousand pesos (Pl,OOO.OO) shall be covered by the 
Social Security System (SSS) and be entitled to all the benefits 
provided thereunder.] 
33 
"AFTER ONE (1) YEAR FROM THE EFFECTIVITY OF THIS 
34 
ACT AND EVERY YEAR THEREAFTER THE REGIONAL 
35 
TRIPARTITE WAGES AND PRODUCTIVITY BOARDS (RTWPBS) 
36 
SHALL REVIEW, AND IF PROPER, DETERMINE AND ADJUST 
3 


APPROPRIATE MINIMUM WAGE RATES OF HOUSEHOLD OR 
2 
DOMESTIC HELPERS." 
3 
4 
"ART. 143 (2). PAYMENT OF WAGES. -
PAYMENT OF 
5 
WAGES SHALL BE MADE DIRECTLY TO THE DOMESTIC 
6 
WORKER TO WHOM THEY ARE DUE IN CASH, AT LEAST 
7 
TWICE A MONTH. THE EMPLOYER, UNLESS ALLOWED BY THE 
8 
DOMESTIC WORKER THROUGH A WRITTEN CONSENT, 
9 
SHALL MAKE NO DEDUCTIONS FROM HIS/HER WAGES 
10 
OTHER THAN THAT WHICH IS MANDATED BY LAW. NO 
11 
EMPLOYER SHALL PAY THE WAGES OF A DOMESTIC 
12 
WORKER BY MEANS OF PROMISSORY NOTES, VOUCHERS, 
13 
COUPONS, TOKENS, TICKETS, CHITS OR ANY OBJECT OTHER 
14 
THAN THE CASH WAGE AS PROVIDED FOR UNDER THIS 
15 
ACT." 
16 
17 
"ART. 143 (3). PAY SLIP. -
ALL EMPLOYERS ARE 
18 
MANDATED AT ALL TIMES TO PROVIDE THEIR DOMESTIC 
19 
WORKER WITH A COPY OF THEIR PAY SLIP WHICH SHALL 
20 
CONTAIN THE AMOUNT PAID IN CASH BY THE EMPLOYER 
21 
TO 
THE 
DOMESTIC 
WORKER 
EVERY 
PAY 
DAY, 
AS 
22 
PRESCRIBED UNDER THIS ACT. THE COPIES 0 F THE PAY SLIP 
23 
MUST BE KEPT BY THE EMPLOYER FOR A PERIOD OF THREE 
24 
(3) YEARS." 
25 
26 
"ART. 143 (4). PLACE OF PAYMENT, - PAYMENT OF 
27 
WAGES SHALL BE MADE AT OR NEAR THE PLACE OF 
28 
UNDERTAKING, EXCEPT AS OTHERWISE PROVIDED BY SUCH 
29 
REGULATIONS 
AS 
THE 
SECRETARY OF LABOR 
MAY 
30 
PRESCRIBE UNDER CONDITIONS TO ENSURE PROTECTION 
31 
OF WAGES." 
32 
33 
"ART. 143 (5). PROHIBITION OR INTERFERENCE IN 
34 
DISPOSAL OF WAGES - NO EMPLOYER SHALL LIMIT OR 
35 
OTHERWISE INTERFERE WITH THE FREEDOM OF ANY 
36 
DOMESTIC WORKER TO DISPOSE OF HIS/HER WAGES. THE 
4 


EMPLOYER SHALL NOT IN ANY MANNER FORCE, COMPEL, 
2 
OR OBLIGE THE DOMESTIC WORKER TO PURCHASE 
3 
MERCHANDISE, COMMODITIES OR OTHER PROPERTIES 
4 
FROM THE EMPLOYERS OR FROM ANY OTHER PERSON, OR 
5 
OTHERWISE MAKE USE OF ANY STORE OR SERVICES OF 
6 
SUCH EMPLOYER OR ANY OTHER PERSON." 
7 
8 
"ART.143 (6). PROHIBITION AGAINST WITHHOLDING OF 
9 
WAGES -
IT SHALL BE UNLAWFUL FOR AN EMPLOYER, 
10 
DIRECTLY OR INDIRECTLY, TO WITHHOLD ANY AMOUNT 
11 
FROM THE WAGES OF THE DOMESTIC WORKER OR INDUCE 
12 
HlMjHER TO GIVE UP ANY PART OF HISjHER WAGES BY 
13 
FORCE, STEALTH, INTIMIDATION, THREAT OR BY ANY 
14 
OTHER MEANS WHATSOEVER. " 
15 
16 
"ART. 143 (7). PROHIBITION ON DEPOSITS FOR LOSS OR 
17 
DAMAGE. 
-
NO EMPLOYER 
SHALL 
REQUIRE 
HlSjHER 
18 
DOMESTIC WORKER TO MAKE DEPOSITS FROM WHICH 
19 
DEDUCTIONS SHALL BE MADE FOR THE REIMBURSEMENT 
20 
OF LOSS OR DAMAGE TO TOOLS, MATERIALS, FURNITURE 
21 
AND EQUIPMENT I N THE HOUSEHOLD." 
22 
23 
"ART. 143 (8). PROHIBITION ON BONDED LABOR - IT 
24 
SHALL BE UNLAWFUL FOR AN EMPLOYER TO USE THE 
25 
FUTURE SERVICES OF THE HOUSEHELPERS AS COLLATERAL 
26 
FOR A LOAN OR ADVANCE MADE BY THE LATTER. LIKEWISE, 
27 
IT SHALL BE UNLAWFUL FOR THE EMPLOYER TO BIND THE 
28 
HOUSEHOLD 
HELPER 
FOR 
HlSjHER 
CONTINUOUS 
29 
EMPLOYMENT AS A FORM OF PAYMENT FOR ANY LOAN OR 
30 
ADVANCE MADE BY THE LATTER." 
31 
32 
"ANY EMPLOYER WHO VIOLATES THIS PROVISIONS 
33 
SHALL BE 
PUNISHED UNDER EXISTING PENAL LAWS 
34 
WITHOUT PREJUDICE TO CIVIL AND ADMINISTRATIVE 
35 
CASES WHICH MAY BE FILED AGAINST HIMjHER. " 
36 
5 


SEC. 4. NON-DIMINUTION CLAUSE - NOTHING IN THIS ACT SHALL 
2 
BE CONSTRUED TO CAUSE THE DIMINUTION OR SUBSTITUTION OF ANY 
3 
BENEFITS 
AND 
PRIVILEGES 
CURRENTLY 
ENJOYED 
BY 
THE 
4 
KASAMBAHAY. ALL EXISTING ARRANGEMENTS BETWEEN EMPLOYER 
5 
AND KASAMBAHAY SHALL CONFORM TO THE MINIMUM STANDARDS 
6 
SET BY THIS ACT." 
7 
8 
SEC. 5. Article 148 of Presidential Decree No. 442, as amended, is hereby 
9 
amended to read as follows: 
10 
11 
"Art. 148. Board, lodging and medical attendance - The Employer 
12 
shall furnish the househelper free of charge suitable and sanitary living 
13 
quarters as well as adequate food and medical attendance. 
14 
"EVERY 
EMPLOYER 
SHALL 
KEEP 
IN 
HIS/HER 
15 
HOUSEHOLD SUCH FIRST-AID MEDICINES AND EQUIPMENT 
16 
AS THE NATURE AND CONDITIONS OF DOMESTIC WORK 
17 
MAY REQUIRE, IN ACCORDANCE WITH THE RULES AND 
18 
REGULATIONS 
THAT 
WILL 
BE 
PRESCRIBED 
BY 
THE 
19 
DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE), IN 
20 
ACCORDANCE WITH THE PROVISION OF THIS ACT." 
21 
22 
SEC. 6. A new provision, Article 148-(1) is hereby inserted to read as follows: 
23 
24 
"ART. 148-(1). ALL HOUSEHOLD HELPERS SHALL BE 
25 
COVERED BY THE SOCIAL SECURITY SYSTEM (SSS) AND BE 
26 
ENTITLED TO ALL THE BENEFITS IN ACCORDANCE WITH 
27 
THE PERTINENT PROVISIONS OF REPUBLIC ACT NO. 1611, AS 
28 
AMENDED." 
29 
"THE 
SSS 
SHALL 
IMPLEMENT 
THE 
OUTREACH 
30 
PROGRAM THAT WILL FACILITATE THE REMITTANCE OF SSS 
31 
CONTRIBUTIONS OF THE HOUSEHELPER AND EMPLOYER 
32 
THROUGH THE MOST FEASIBLE MEANS. THIS OUTREACH 
33 
PROGRAM SHALL BE CONCEPTUALIZED AND INITIATED 
34 
WITHIN ONE (1) YEAR FROM THE DATE OF THE EFFECTIVITY 
35 
OF THIS ACT." 
36 
6 


I 
SEC. 7. A new provision, Article 148-(2) is hereby inserted to read as follows: 
2 
3 
"ART. 148-(2). MEMBERSHIP IN THE PHILIPPINE HEALTH 
4 
INSURANCE 
CORPORATION 
(PHILHEALTH) 
ALL 
5 
HOUSEHELPERS SHALL BE COVERED BY THE PHILIPPINE 
6 
HEALTH 
INSURANCE CORPORATION 
(PHILHEALTH) 
IN 
7 
ACCORDANCE WITH ITS GUIDELINES AND BE ENTITLED TO 
8 
ALL THE BENEFITS PROVIDED BY LAW. THE PREMIUM 
9 
PAYMENTS FOR PHILHEALTH CONTRIBUTIONS SHALL BE 
10 
SHOULDERED BY THE EMPLOYER." 
11 
12 
SEC. 8. Article 151 of Presidential Decree No. 442, as amended, is hereby 
13 
amended to read as follows: 
14 
15 
"Art. 151-(1). Employment Certification - Upon the severance of 
16 
the household service relation, the employer shall give the 
17 
househelper/DOMESTIC WORKER a written EMPLOYMENT 
18 
CERTIFICATION INDICATING [statement of] the nature, [and] 
19 
duration of the service, WORK PERFORMANCE, [and his or her] 
20 
efficiency and conduct as househe1per/DOMESTIC WORKER." 
21 
22 
"ART. 151-(2). EMPLOYER'S REPORTORIAL DUTIES. -
23 
EVERY EMPLOYER OF A DOMESTIC WORKER IS MANDATED 
24 
TO REGISTER HIS/HER KASAMBAHAY IN ACCORDANCE 
25 
WITH THE 
REGISTRATION 
SYSTEM 
THAT SHALL 
BE 
26 
ESTABLISHED BY LGUS FOR THE MUTUAL PROTECTION OF 
27 
THE KASAMBAHAYS AND THE EMPLOYER." 
28 
29 
"EVERY EMPLOYER OF A DOMESTIC WORKER IS ALSO 
30 
MANDATED TO KEEP THE FOLLOWING RECORDS TO 
31 
REFLECT THE ACTUAL TERMS ANDC 
CONDITIONS 
OF 
32 
EMPLOYMENT 0 F HIS/HER DOMESTIC WORKER FOR A 
33 
PERIOD OF THREE (3) YEARS AFTER THE DOMESTIC WORKER 
34 
HAS LEFT THE SERVICES OF THE EMPLOYER FOR PURPOSES 
35 
OF DOCUMENTATION: 
36 
7 


I 
a. REGISTER OF ALL DOMESTIC WORKERS EMPLOYED BY 
2 
HIMfHER, INDICATING THE DATES OF THEIR BIRTH; 
3 
b. SEPARATE FILE FOR THEIR EMPLOYMENT CONTRACTS 
4 
AND EMPLOYMENT CERTIFICATES; 
5 
c. SEPARATE FILE FOR THEIR BARANGAY CLEARANCE; AND 
6 
d. SEPARATE 
FILE 
FOR THEIR 
MEDICAL 
OR HEALTH 
7 
CERTIFICATES." 
8 
9 
"IT SHALL BE UNLAWFUL FOR ANY EMPLOYER TO 
10 
MAKE ANY REPORT OR RECORD, PURSUANT TO THE 
II 
PROVISIONS OF THIS ACT, KNOWING SUCH REPORT OR 
12 
RECORD TO BE FALSE." 
13 
14 
15 
SEC. 
9. 
ROLE 
OF 
LOCAL 
GOVERNMENT 
UNITS 
(LGUS) 
GOVERNMENT 
UNITS. 
-
LOCAL 
SHALL 
FACILITATE 
ACCESS 
OF 
16 
KASAMBAHAYS TO ALL EXISTING PROGRAMS AND SERVICES. THE 
17 
LGUS, 
THROUGH 
THEIR 
LOCAL 
DEVELOPMENT 
PLANS, 
SHALL 
18 
PRIORITIZE CONCERNS REGARDING KASAMBAHAYS AND DEVELOP 
19 
AND IMPLEMENT PLANS AND PROGRAMS IN SUPPORT OF THIS LAW." 
20 
21 
SEC. 10. ARAW NG MGA KASAMBAHAYS. - THE DATE UPON WHICH 
22 
THE PRESIDENT SHALL APPROVE THIS BATAS KASAMBAHAY WILL BE 
23 
DESIGNATED AS THE" ARAW NG MGA KASAMBAHAY". 
24 
25 
SEC. 11. Implementing Rules and Regulations. - The Department of Interior 
26 
and Local Government and the Department of Labor and Employment, in 
27 
collaboration with other government agencies charged with the implementation of 
28 
the provisions of this Act shall, within a period of NINETY (90) DAYS from the date 
29 
of the effectivity of this Act, promulgate the necessary implementing rules and 
30 
regulations. 
31 
32 
SEC. 12. Repealing Clause. - All laws, decrees, presidential issuances, 
33 
executive orders, rules and regulations or parts thereof not consistent with the 
34 
provisions of this Act are hereby amended, repealed or modified accordingly. 
35 
36 
SEC. 13. Separability Clause. - If any provision or part of this Act, or the 
8 


application thereof to any person or circumstance be held unconstitutional or be 
2 
declared invalid, the remainder of this Act shall not be affected thereby. 
3 
4 
SEC. 14. Effectivity Clause. This Act shall take effect fifteen (15) days 
5 
following its publication in the in two (2) newspapers of general circulation. 
6 
7 
Approved, 
9