Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House pin No,_ 1815

Introduced by Representative Emmeline Y. Aglipay

EXPLANATORY NOTE

The importance of household helpers in our society is difficult to overstate: they cater to
many of our most basic needs, and care not only for our own well being, but that of our children
as well--frequently at the cost of time they could have spent with their own families. No other
vocation so embodies the virtue of service as that of the household helper, and yet the protection
offered by the State to those who belong to this vocation has, to this day, been grossly
insufficient. Household helpers have loig toiled in the gray margins of the law, never clearly
incorporated in the legal protective structures built with more traditional worker-business
relations in mind, and the few statutory provisions which directly pertain to them provide limited

relief

This Magna Carta sets forth the terms and conditions of the household helpers’
employment, such as the hours of work, rates of pay; as well as their rights and privileges
including the benefits that should be accorded to every household helper and special provisions
on their education. It also provides for the special rights and privileges of household helpers of
minority age; as well as the rights and privileges of self-employed, part-time or day-to-day

household helpers.


‘The Magna Carta of Household Helpers affirms the dignity and worth of every working
man and woman. It will, at last, clearly set forth the rights and interests of household helpers, and

bring this long neglected sector within the full and formal protection of the State.

The approval of this Act is earnestly requested.

pone be a

Representative, DIWA Party List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No. _ 1815

Introduced by Representative Emmeline Y. Aglipay

AN ACT
PROVIDING FOR THE MAGNA CARTA OF HOUSEHOLD HELPERS

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

ARTICLE 1
TITLE, POLICY AND DEFINITION OF TERMS
SECTION 1. Short Title. — This Act shall be known as the “Magna Carta of Household

Helpers” or “Batas Kasambahay.”

SECTION 2. Declaration of Policies. ~ It is the declared policy of the state to value the
dignity of every person and guarantee full respect for human rights.

Recognizing the dignity of honest labor and the nobility of the household helper industry,
the State shall nurture and protect the interest of the household helpers by ensuring that effective

mechanisms are instituted so that their rights and benefits are protected.

SECTION 3. Definition of Terms. — For the purposes of this Act, the term:
(A) “Household helper,” “househelper” or “kasambahay” means any person who
renders domestic or household services, for compensation, exclusively to an
employer as a family driver, babysitter, gardener, cook, nursemaid or yaya, or
laundry woman. The term “kasambahay” or “kasama sa bahay” shall be used in liew

of “katulong” to properly signify the worth of the labor of househelpers.


(B) "Domestic services" or "Household services" - refer to:
(1) services rendered: (a) in and about an employer’s home, or other physical structure
intended for the permanent or temporary residence of the employer and/or his/her
household; (b) which directly contribute to the comfort, convenience, and/or
sustenance of the employer and/or the employer's household; or

(2) services rendered in the everyday maintenance and/or beautification of an
employer's home, or other physical structure intended for the permanent or
temporary residence of the employer and/or his/her household; or

(3) services rendered in the conveyance of the employer, the employer's household,
and/or their personal belongings; :

(c) “Self-employed,” “part-time” or “day-to-day” household helper means any
person who renders domestic or household services to more than one (1) employer
on a contractual, part-time or day-to-day basis. He or she may work in a single
household, but not for more than three (3) days, otherwise he or she shall be
considered as a household helper or kasambahay;

(D) “Household helper of minority age” or “batang kasambahay” means a child
fifteen (15) years of age and above up to seventeen (17) years of age who is engaged
as a household helper under a valid contract of employment;

(E) “Homeowner” or “employer” means any person who engages the services of a
household helper. For purposes of this Act, the employer shall be the one identified
to be the head of the family or any member of the household designated by the head
of the family to manage the general housekeeping functions for the family;

(F) “Household” means the immediate members of the family and/or the
occupants of the house/residence where the household helper renders household or
domestic service;

(G)__ “Hours of work” mean the period of time during which: (a) a household helper
is required to be on duty or to be at a prescribed workplace; and (b) during which the

household helper is required to work;


(H) “Deployment expenses” means expenses that are directly used for the
relocation or transfer of the household helper from the place of origin to the place of
work including, but not limited to, the cost of transportation and finder’s fees or
agency fees if the household helper comes from an employment agency. Advances or
loans made by/to the household helper are not included in the definition of
deployment expenses;
(1) “Hazardous work” means any activity or circumstance where the household
helper is exposed to risk which constitutes an imminent danger to his or her safety
and health such as, but not limited to:
qa Any work, employment or activity which exposes the household
helper to physical, emotional or sexual abuse;
Q) Any work which involves manual handling or transport of heavy
loads without proper assistance which, given the age and physical condition
of the household helper, are likely to jeopardize the health or safety of the
household helper; :
6) ‘Any work in an unhealthy environment which exposes household
helpers to hazardous substances, agents or processes, or to temperatures,
noise levels, or vibrations damaging to their health;
(4) Any work which requires the household helper to render services
for long periods of time or during late nights;
(5) Any or all forms of slavery or practices similar to slavery, such as
the sale and trafficking of household helpers, forced or compulsory labor,
debt bondage and serfdom;
© Any use, procuring or offering of the household helper for
prostitution or pornography,
(oy Any use, procuring or offering of the household helper for the
commission of any offense or crime, particularly for the production and
trafficking of prohibited drugs and substances as defined in Republic Act No.

9136;


(8) Any type of work or activity which, by its nature or the
circumstances in which it is carried out, is likely to jeopardize the health,
safety or morals of the household helper, and

) Any other type of work, activity, condition or undertaking that may
hereinafter be defined as hazardous by the Department of Labor and

Employment

ARTICLE 2

TERMS AND CONDITIONS OF EMPLOYMENT

» SECTION 1. Employment Contract. — An employment contract shall be executed by and
between the employer and household helper before the commencement of the service, in a
dialect or language understandable to both parties. It must be duly signed and notarized, Each

party must have a copy ‘of the said contract.

A contract of employment shall include the following provisions:

(A) A period of employment which shall not exceed two (2) years for the initial contract;
thereafter it may be renewed annually;

(B) Monthly compensation and mode of payment;

(C) Allowable leave, rest days and holidays;

(D) Working hours, rest periods and day-off,

(E) Living quarters, and food and medical provisions,

(£) Duties and responsibilities;

(G) Social Security System (SSS) and Philippine Health Insurance Corporation
(Philhealth) contributions; and

(H) Annual salary increases; Provided, that in the case of employment of a household
helper of minority age, said contract of employment shall be signed on his or her
behalf by either parent or legal guardian, with the express consent of the minor.

Any stipulation that household service is without compensation shall be void.


. SECTION 2. Medical Certificate as Pre-requisite for Employment. ~ A medical
certificate attesting to the physical and mental fitness of the household ‘helper must be secured
from a licensed physician as a pre-requisite for employment, the cost of which shall be for the

account of the employer.

SECTION 3. Minimum Wage. — The minimum compensation of household helpers shall
not be less than the following rates:
(A) Three Thousand Five Hundred Pesos (P 3,500.00) a month for those employed in the
National Capital Region;
(B) Three Thousand Pesos (P 3,000.00) a month for those employed in other chartered
cities and first class municipalities; and
(C) Two Thousand Pesos (P 2,000.00) a month for those employed in other
municipalities.
Such compensation shall be in addition to the house helper's lodging, food, and medical
attendance,
‘The Regional Tripartite Wages and Productivity Boards (RTWPBs) may determine and

adjust from time to time, the appropriate minimum wage rates of houschold helpers

SECTION 4. Payment of Wages. ~ Wages shall be paid in cash directly to the household
helper, at least once every two (2) weeks or twice a month. No deductions from said wages shall
be made by the employer except those allowed by law. The express written consent of the

household helper shall first be secured before any deduction from his or her wages is made.

SECTION 5. Payment of 13" Month Pay. ~ All household helpers shall be entitled to 13"
month pay equivalent to one (1) month basic salary, which shall be payable not later than

December 24 of every year.

SECTION 6. Membership in the Social Securi

y System (SSS). ~ 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. 1161, as amended.


The SSS shall implement an outreach program that will facilitate the remittance of SSS
contributions of the household helper and employer through the most feasible means. This
outreach program shall be conceptualized and initiated within one (1) year from the date of

effectivity of this Act

SECTION 7. Membership in the Philippine Health Insurance Corporation (Phithealth), —
All household helpers 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.

SECTION 8. Normal Hours of Work. - The normal hours of work of a household helper
or kasambahay shall not exceed ten (10) hours a day, exclusive of breaks of one (1) hour each
for breakfast, lunch, and dinner. The normal hours of work for household helpers of minority age
or batang kasambahay are provided in Article 4, Section 3

Any work done by the household helper beyond the normal hours of work shall be duly
compensated by the employer with the agreed upon overtime rate. In addition, the household

helper shall be allowed at least eight (8) hours continuous rest per day.

SECTION 9. Regular Working Days, ~ All household helpers shall not be required to
render work for more than six (6) consecutive days per week. While the specific day of the week
set aside as rest day for the household helper may be stipulated in the employment contract, the
same may be changed for another day of the week upon the mutual agreement of the employer
and the house hold helper as the exigencies of the household may dictate; Provided, That the
‘employer shall respect the preference of the household helper for his or her weekly rest day when
said preference is based on religious grounds; Provided further, That nothing in this provision
shall deprive the household helper of the right to waive particular rest days, gratuitously or in
return for an equivalent daily rate of pay; Provided finally, that no such waiver may be made

more than one month in advance of the particular rest day waived.

SECTION 10. Vacation Leave. ~ All household helpers, who have rendered one (1) year
of service, shall be entitled to an annual fourteen (14) days vacation leave with pay; Provided,

that the household helper shall have the right to convert all or part of this vacation leave to an


equivalent daily rate of pay; Provided, that unused and unconverted portions of a vacation leave

shall not be cumulative nor carried over to the next succeeding years.

SECTION 1. Maternity and Paternity Leave Benefits. ~ All female household helpers
Who have rendered an aggregate length of service of two (2) years or more shall, in addition to
the leave granted them, be entitled to maternity leave in accordance with Sec. 14-A of Republic

Act No, 82!

otherwise known as the “Social Security Act of 1997.”
A paternity leave of seven (7) days with pay shall be granted to all male household
helpers when their legitimate spouses deliver a child or suffer a miscarriage

Solo parents shall be entitled to the same privileges above-mentioned.

SECTION 12. Deployment Expenses. ~ Deployment expenses of household helpers,

which may include transportation and agency fees, shall be shouldered by the employer.

SECTION 13. Termination of Service. — If the period for household service is fixed,
neither the employer nor the household helper may terminate the contract before the expiration
of the term, except for just cause. If the household helper is unjustly dismissed, he or she shall be
paid the compensation already earned plus the equivalent of fifteen (15) days work by way of
indemnity. If the household helper leaves without justifiable reason, he or she shall forfeit any

unpaid salary due him or her not exceeding the equivalent of fifteen (15) days of work

ARTICLE 3

RIGHTS AND PRIVILEGES OF HOUSEHOLD HELPER

SECTION 1. Standard of Treatment. ~ The employer and the other members of the
household shall, at all times, treat the household helper in a just and human manner. Abusive
language, physical violence or any act which debases the dignity of a person shall not be used

against a household helper.


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SECTION 2. Extent of Duty. ~ The employer may request the household helper to

perform a task outside the employer's household for the benefit of another with the consent of the

household helper and payment of just compensation,

SECTION 3. Prohibition on Labor Sub-contracting. ~ The employer shall be prohibited

from sub-contracting the service of the household helper to any third party or household.

SECTION 4. Prohibition on Recruitment and Finder's Fees. ~ Regardless of whether the
household helper was sourced either through an employment agency or a third party, said
household helper shall neither be charged nor levied a share in the recruitment fees or finder’s

fees by the said employment agency or third party

SECTION 5, Basic Necessities. — In a manner befitting the means of a responsible head
of the family, the homeowner shall provide for the basic necessities of the household helper.
‘These shall include

(A) Food — at least three (3) adequate meals per day;

(B) Shelter ~ provision of humane sleeping arrangements that ensure privacy and safety
of the household helper;

(C) Medical ~ the advance of the necessary funds to, cover work-related illnesses or
injuries sustained by the household helper, to be reimbursed by the latter fiom the
proceeds of the benefits accruing from his or her membership with the SSS; and

(D) Clothing — provision of adequate clothing for the use of the household helper.

Tn no instance shall the employer be allowed to withdraw or hold in abeyance the
Provision of these basic necessities as punishment or disciplinary action meted out to the

household helper.

SECTION 6. Guaramee of Household Helper Privacy. ~ The employer shall respect the
privacy of the household helper during the course of the latter’s rest periods. The household
helper’s right to privacy shall extend to any and all forms of personal communications, including

letters, correspondence, telephone calls, and text messaging


W

SECTION 7. Access to Outsicle Commumication. — The employer shall grant the
household helper access to outside communication, either through letters or telephone, subject to
reasonable limitations imposed on the use of telephones owned by the employer; Provided
flithee, that’in case’o0a personal “or femily emergency of the:householdhelper: iseYonthe
telephone should not be denied, Provided, finally, that the cost incurred for long distance and

overseas telephone bills shall be shouldered by the household helper.

SECTION 8. Prohibition on Bonded labor. ~ It shall be prohibited for the employer to
uuse future services of the houschold helper as collateral for a loan or advance made by the latter.
Likewise, it shall be prohibited for the employer to involuntarily bind the household helper for
his or her continaous employment as a form of payment for any loan or advance made by the
latter. Should a household helper with an outstanding loan or advance decide to unilaterally
terminate the contract of employment, he or she shall pay said loan or advance under terms and

conditions specified in a duly-executed promissory note between the parties

SECTION 9. Access to Lawful Third-Party Mediation. ~ Upon employment, the
employer shall furnish the household helper with the names, addresses and telephone numbers of
the following:
(A) The Department of Labor and Employment (DOLE) and the Regional Offices of the
DOLE having jurisdiction over the area of employment of the household helper;
(B) Barangay office which has jurisdiction over the household; and
(C) Duly-registered non-government organizations accredited to mediate in employee-
employer disputes involving household helpers and their employers.
The employer shall further guarantee the household helper access to all means of

communication to be able to contact any of the above institutions.

SECTION 10. Prohibition on Hazardous Work, Activities, Conditions and/or
Undertakings. - Household helpers shall not be employed in any hazardous work, activity or

undertaking, and neither shall he or she be exposed to hazardous working conditions.


ARTICLE 4
SPECIAL RIGHTS AND PRIVILEGES OF HOUSEHOLD HELPERS OF MINORITY

AGE

SECTION 1. Allowable Employment of Household Helpers of Minority Age. — Children
fifteen (15) years of age up to below eighteen (18) years of age may also be employed as
household helpers. In no instance shall children below fifteen (15) years of age be employed as

household helpers.

SECTION 2. Children of Household Helpers. — Unless expressly employed as household
helpers under a duly-executed contract of employment, children of household helpers who live
with their parents at the employer’s residence or those whose sustenance or education is being

provided for by the homeowner, shall not be considered as household helpers themselves,

SECTION 3. Normal Hours of Work. - Household helpers of minority age or batang
kasambahay shall not be allowed to render work for more than eight (8) hours a day and more
than six (6) days a week. He or she shall be allowed breaks of not less than one (1) hour each for

breakfast, lunch and dinner.

SECTION 4. Prohibition of Night Work. ~ Household helpers of minority age shall not
be allowed to render work between ten (10) o’clock in the evening and six (6) o'clock in the

morning of the following day.

SECTION 5. Prohibition on Work to be Undertaken. — Household helpers of minority

age shall not be allowed to render work beyond their mental and physical capabilities.

SECTION 6. Prohibition on Hazardous Work, Activities, Conditions and/or
Undertakings. ~ Household helpers of minority age shall not be employed in any hazardous
work, activity or undertaking, and neither shall he or she be exposed to hazardous working

conditions.


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SECTION. 7. Minimum Wage. — Household helpers of minority age shall be paid the

same minimum wage rates prescribed in this Act

" SECTION 8, Right of the Child to Wages Earned, ~ Any and all wages, remaneration or
compensation earned by a household helper of minority age during the period of his or her
employment shall be paid by the employer directly to the household helper of minority age

No parent, guardian or relative shall be allowed to borrow against the compensation of
the household helper of minority age without the express written consent of the latter. Neither
shall the minor be made to render work in payment of a loan or liability incurred by a parent,

guardian or relative

SECTION 9. If the house helper is under the age of eighteen years, the head of the family
shall give an opportunity to the house helper for at least elementary education, as provided in

Article 6, Section 2.

SECTION 10. Rescue of Abused Household Helpers of Minority Age. — Upon report or
discovery of abuse and exploitation of a household helper of minority age, the Department of
Social Welfare and Development (DSWD), in collaboration with the Department of Labor and
Employment (DOLE), shall immediately rescue the said minor. The rescued minor shall be
supervised and escorted by a social worker back to his or her parent, legal guardian or relatives.
The cost of such operation shall be borne by the agency which recruited or deployed the
household helper, or in its absence, the DSWD. The Secretary of Labor and Employment and the
Secretary of Social Welfare and Development shall formulate the rules and regulations

governing such rescue operation.

SECTION 11. Protective Custody and Placement of Rescued Household Helpers of
Minority Age. ~ Should a rescued household helper of minority age refuse to be brought back to
his or her parent, legal guardians or relatives, against the recommendation of the DOLE and the

DSWD, said household helper may be placed under the protective custody and care of the


14

DSWD or that of a duly-recognized and accredited non-government organization, or placed in a

suitable household for employment

ARTICLE 5
RIGHTS AND PRIVILEGES OF SELF-EMPLOYED, PART-TIME

OR DAY-TO-DAY HOUSEHOLD HELPERS

SECTION I. Exclusivity Clause. — For the purpose of this Act, the rights and privileges
of self-employed workers working as part-time or day-to-day household helpers shall be limited

to the provisions of this Article.

SECTION 2. Treatment of the Household Helper. ~The homeowner as well as the
members of the household, shall treat the household helper in a just and humane manner. In no
ita shan ae language, physical violence or any act which debases, degrades or
demeans the intrinsic work and dignity of the household helper as a human being be used against

the latter.

SECTION 3. Scope of Work to be Undertaken. — Prior to the commencement of any
work to be undertaken by the household helper, both the employer and the household helper shall
mutually agree on the scope of work, the period of time within which the work must be
completed, the amount of compensation to be paid and the manner by which the compensation

shall be made.

SECTION 4. Payment for Work. — Unless the parties have agreed otherwise prior to the
commencement of the work, compensation for work completed to the satisfaction of the
employer shall be in the form of cash paid directly by the employer to the household helper,
immediately upon completion of the work.

Where the method of payment of wages agreed upon by the employer and the household

helper is on a piece or output b. the rates shall be such that will assure the household helper

of the minimum equivalent daily rate as provided in this Act.


SECTION 5. Normal Hours of Work. — The period of time within which the work must
be completed by the household helper shall be mutually agreed upon by the parties prior to the
commencement of the work; Provided, that the household helper shall not be required to render
work “5 a period longer than ten (10) hours per day, exclusive of breaks of one (1) hour each for

meals.

SECTION 6. Provision for Free Meals, ~ Should the work done for the employer take
‘place during the time allotted by the household helper for meals, the employer shall provide the

household helper with such meals free of charge.

SECTION 7. Medical Expenses. ~ All medical expenses incurred for work-related
illnesses contracted or injuries sustained by the household helper shall be shouldered by the

employer,

SECTION 8. Prohibition on Hazardous Work, Activities, Conditions and/or
Undertakings. ~ Household helpers shall not be employed in any hazardous work, activity or

undertaking, and neither shall he or she be exposed to hazardous working conditions

ARTICLE 6

SPECIAL PROVISIONS FOR KASAMBAHAY EDUCATION

SECTION 1. Opportmity for Self-Improvement. — ‘The employer shall allow the
household helper who is eighteen (18) years of age or above to pursue his or her education. The
cost of such education shall be shouldered by the household helper; Provided, that the household
helper must inform the employer of this decision before the commencement of the service, or
before renewal of the same; Provided further, That should the household helper wish to change
this decision, the employer must be informed of the same at least one month before the contract

is to be renewed,


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Should the household helper decide to pursue his or her education, the employer shall
adjust the work schedule in accordance with the former’s class schedule; Provided, That the
adjusted schedule shall in no way hamper the completion of the former’s assigned tasks to the

satisfaction of the employer.

SECTION 2. Access to Fauucation and Training. ~ No household helper of minority age
shall be deprived of formal or non-formal education. In cases where household helpers of
minority age are allowed to be employed, the employer shall allow said household helper access
to public primary, secondary or vocational education. Said employer may advance all or part of
the expenses incidental to the pursuit of said education. The employer shall be reimbursed out of
deductions from the household helper’s monthly compensation, Said deductions shall, at all
times, be no greater than twenty percent (20%) of the minor’s monthly compensation.

Should the household helper of minority age decide to pursue his or her education, the
employer shall adjust his or her work schedule in accordance with the former's class schedule:
Provided, ‘That the adjusted schedule shall in no way hamper the completion of the former's

assigned tasks to the satisfaction of the employer.

SECTION 3. Employer Initiatives for Skills Development. ~ Should the employer decide
to improve the inherent skills of the household helper through training, the employer shall bear
the cost and expenses of said training. The time spent by the household helper in attending the
said training, including the time spent going to and from the training venue, shall be considered
as part of the household helper’s hours of work and in no case shall the household helper suffer

any diminution in compensation on account of this training,

ARTICLE 7
MISCELLANEOUS PROVISIONS
SECTION 1. Household Helper Day. — The date of signing into law of this Act by the
President of the Republic shall be designated as the “Araw ng mga Kasambahay,” a special non-

working holiday with pay for household helpers, and shall be commemorated as such annually.


7

SECTION 2. Emergency Services. — The Department of Social Welfare and Development
(DSWD) shall, within a period of one (1) year from the effectivity of this Act, institute a
program designed specifically to provide emergency services to all household helpers in need of

custody, shelter, healing, or medical, psychological, legal and rehabilitative services

SECTION 3. Civil Liability. ~ Any violation of the provisions of this Act shall be be
liable for damages of not less than Five Thousand Pesos (P5,000.00), nor more than Twenty
Thousand Pesos (P20,000.00), at the discretion of the court, without prejudice to any penal or
civil liability under the Revised Penal Code or other laws; Provided, that the written contract

between the household helper and the employer may provide for higher civil liabilities

SECTION 4. Transitory Provisions. — All existing arrangements between employers and
their household helpers shall conform to the minimum standards set by this Batas Kasambahay
within a period of sixty (60) days after its effectivity: Provided, however, that no household
helper already enjoying benefits and privileges above those stipulated in this Act shall suffer any

diminution or substitution thereof.

SECTION 5. Implementing Rules and Regulations. — The Secretary of Labor and
Employment and the Secretary of Social Welfare and Development and other concerned
agencies, shall, within one (1) year from the effectivity of this Act, promulgate the necessary

rules and regulations to effectively implement the same.

SECTION 6. Separability Clause. — If any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other provisions

hereof.

SECTION 7. Repealing Clause. — All laws, decrees, executive orders, issuances, rules
and regulations, or parts thereof, not consistent with the provisions of this Act are hereby

repealed or modified accordingly.


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SECTION 8, Effectivity Clause. — This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) newspapers of general

circulation.

Approved.