Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

2
House sino, 3717

Introduced by TOBIAS REYNALD M. TIANGCO and JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

This bill seeks to provide househelpers, domestic helpers and our
kasambahays with decent working conditions and thereby promote the welfare of
that sector of our labor force that has been overlooked by the government.

This bill requires employers to enter into written employment contracts of
househelpers, domestic helpers and kasambahays. It also provides for benefits like
Social Security System benefits and Philhealth coverage, days off, holidays, living
and/or sleeping quarters, annual salary increases and employment certificates.

Conversely, as pre-requisite to employment and for the protection of the
employers, househelpers, domestic helpers and kasambahays are required to give
their medical certificates, barangay clearances, and duly authenticated NSO birth
certificates. In coordination with local government units, househelpers, domestic

helpers and our kasambahays are likewise required to register with the barangay.

In view of the foregoing, the immediate passage and approval of this bill is
earnestly and fervently sought.

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TOBIAS REYNALD M. TIANGCO JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 871?

Introduced by TOBIAS REYNALD M. TIANGCO and JOSEPH VICTOR G. EJERCITO

“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 Ill OF P.O. 442, AS AMENDED, OTHERWISE KNOWN AS

“THE LABOR CODE OF THE PHILIPPINES”

Be it enacted by the Senate and the 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:

"Article 141. Coverage- This Chapter shall apply to all
persons rendering services in household for compensation.
"Domestic Helper", “Household Helper” or “Kasambahay” which
shall refer 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:

“Article 142 (1). Contract of domestic service. - 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:

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


6 Living quarters or sleeping arrangement."

"Article 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. Subparagraphs (1), (2) and (3), Article 143 of Presidential Decree No.
442, an amended, are hereby amended and renumbered to read as follows:

"Art. 143 (1). Minimum wage. - (2) House helpers or domestic
helpers, as defined under this act, shall be paid the following
minimum wage rates:

1. Three Thousand Pesos (PhP 3,000.00) a month for
househelpers employed in the National Capital Region;

2. Two Thousand Five Hundred Pesos (PhP 2,500.00) a
month for those employed in other chartered cities and first
class municipalities; and

3. Two Thousand Pesos (PhP 2,000.00) a month for those in
other municipalities.

“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
appropriate minimum wage rates of household or domestic
helpers.

“art. 143 (2). Payment of wages - 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 are
mandated by law. No employer shall pay the wages of a domestic
worker by means of promissory notes, vouchers, coupons, tokens,
tickets, chits or any object other than the cash wage as provided
for under this Act."

“Art. 143 (3). 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 (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 Secretary of Labor 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 witholding 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 (7). 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 - tt shall be unlawful for
an employer to use the future services of the househelpers as
collateral 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. 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 KASAMBAHAY
shall conform to the minimum standards set by this Act."


SECTION 5. Article 148 of Presidential Decree No. 442, as amended, is hereby
amended to read as follows:

“Aart. 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 equipmentas 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 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 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."

SECTION 7. A new provision, Article 148-(2) is hereby inserted to read as follows:

"ART. 148 (2) Membership in the Philippine Health 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."

SECTION 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 employer shall give the
househelper /domestic worker a written employment certification
indicating the nature, duration of the service, work performance,
efficiency and conduct as househelper/domestic worker.”

“Aart. 151-(2) 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 LGU's 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 him/her,
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.”

Section 9. Role of Local Government Units. - Local government units (LGUS) shall
facilitate access of kasambahays to alll 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."

Section 10. Araw ng mga Kasambahays - The date upon which the president shall
approve this Batas Kasambahay will be designated as the “Araw ng mga
Kasambahay".

Section 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.

Section 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.

Section 13. Separability Clause. - \f 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 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,