FIFTEENTH CONGRESS OF THE PHILIPPINES 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 2138 
) 
) 
) 
,'; 
Introduced by Senator Manuel "Lito" M. Lapid 
EXPLANATORY NOTE 
'1 G JUL 27 PJ1 :31) 
This proposed measure seeks to amend the provisions of P.D. 442, otherwise 
known as the "Labor Code of the Philippines", by providing for additional benefits and 
privileges to our domestic househelpers, otherwise termed as "Kasambahays". 
Data from the US Department of State, Country Reports on Human Rights 
Practices as of February 2001 indicate that in the Philippines, over 300,000 children 17 
years of age or younger work as family domestic workers. Moreover, a UNICEF Study 
of Child Domestic Workers in Metro Manila indicate that around 70% of child domestic 
workers are girls. A study conducted by Child Workers Asia (CWA) in 1996 reveal that 
in Metro Manila alone about 25% of domestic workers are below the age of 18, and the 
proportion of child workers is higher in the provinces. Similarly, a 1998 study from the 
US Department of State reveal that piggeries in Bulacan province near Manila employ 
under-age domestic workers and restrict them from leaving the breeding farms. In Cebu 
City, the regional Social Welfare Department reveals that 80% of reported victims of 
rape, attempted rape and other acts of sexual abuse are child domestic workers. 
Furthermore, child domestic workers generally have to work for 15 hours a day, seven 
days a week. 
Because the issue of domestic work is not reflected in the data collection 
framework of the government, their issues, concerns and problems remain hidden. As 
such, there is a urgent need to provide quantitative and qualitative database that would 
picture accurately the domestic worker situation in the Philippines. As a response, this 
proposed measure mandates that all research agencies of the government are to 
incorporate the variable of domestic work, decent work agenda and worst forms of child 
domestic labor into their annual routine research/survey activities in order to highlight 
and bring to the open what is prese\itly not incorporated in the data collection system of 
the government. It is hope that this approach will provide an impact and influence in 
bringing to the open what is unknown and hidden. This will be a cost effective approach 
in mainstreaming the issue of domestic work because it is now the research institutions 
of the government who will impose upon themselves the research advocacy on the 
issue of and child domestic labor. Furthermore, this proposed measure mandates that 
the issues of domestic work, child domestic labor and decent work be incorporated in 
the Medium Term Philippine Development Plan in order to ensure the future availability 
of programs on this particular issue. 
In order to promote information, education, communication (lEC) campaigns and 
research and development (R&D) on the issue of child domestic work (CDW), this 
proposed measure mandates that employers should allow their domestic workers to 
have access to interviews from researchers of the NSO, social workers of the DSWD, 


health workers of the DOH, and labor inspectors of the DOLE and various research 
institutions of the government. 
Because of the steady increase in the number of reported cases of wars! forms 
of domestic worker abuse in the country, this measure proposes that the DSWD be 
given the power to deputize various non-governmental organizations (NGOs) to help the 
government provide custody, rehabilitation, psycho-social counseling, reintegration 
programs and paralegal assistance to the domestic workers who are victims of abuse. 
Given that these NGOs are the frontliners in the delivery of critical services to these 
domestic workers, this proposed measure seeks to provide enabling support 
mechanism to encourage these frontliners to engage in this line of vocation. 
With the decentralization and devolution of powers, functions and basic services 
to the local government units, the LGUs are now given the mandate to implement the 
basic services to their respective localities, consistent with their respective 
Provincial/City/Municipal Development Plans. To mandate therefore that the LGUs 
should incorporate in their respective local development plans the issues concerning 
domestic worker's rights, decent work agenda and worst forms of child domestic labor 
would ensure the mainstreaming of the issue of domestic workers rights down to the 
grassroots level in the local government units . 
• 
Moreover, this proposed measure seeks for the creation of a "Kasambahay 
Fund" in the initial amount of Fifty Million Pesos (Php 50,000,000.00) to be taken from 
the President's Social Fund (PSF). Said fund shall be administered and managed by the 
Department of Labor and Employment (DOLE). The "Kasambahay Fund" shall be used 
to provide scholarship and continuing training programs for the continued education of 
domestic workers, specially women and children; to sponsor gender-sensitive national 
research programs on domestic labor, including child domestic workers (COWs); to 
promote information, education and communication (IEC) campaign against hazardous 
and worst forms of child domestic labor; and to adopt appropriate measures to improve 
the educational infrastructure and the training of teachers to meet the needs of child 
domestic workers. This is being proposed to comply with the provisions of International 
Labor organization (ILO) Recommendation 190. 
Under this proposed measure, the drafting of the implementing rules and 
regulations (IRR) would require the active participation of various stakeholders in the 
filed of domestic work. It has been proven through long years of experience in 
legislation that if you leave the drafting of the IRR in the hands of a particular 
government agency alone, they will have the tendency to be parochial to the concerns 
of their Department, thereby producing an ineffective, piecemeal, and narrow focused 
implementing guidelines. Furthermore, it is always helpful if you mandate that the NGOs 
should be included in the drafting of the IRR because the NGOs provide a rich input in 
terms of in-depth 
grassroots experience and practical applications in the 
implementation of gender-sensitive programs and projects for domestic workers. 
In view of the foregoing, the passage of this measure is earnestly sought. 
Senator 


FIFTEENTH CONGRESS OF THE PHILIPPINES 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 2138 
) 
) 
) 
Introduced by Senator Manuel "Lito" M. Lapid 
AN ACT 
AMENDING FOR THIS PURPOSE BOOK III, ARTICLES 141, 142, 143, 
148 AND 151 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED, 
OTHERWISE KNOWN AS THE "LABOR CODE OF THE PHILIPPINES" BY 
PROVIDING FOR ADDITIONAL BENEFITS AND PROTECTION TO THE 
DOMESTIC HOUSEHELPERS AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. 
Article 141 of Presidential Decree No. 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 services in the employer's 
home which is usually necessary or desirable for the maintenance and 
enjoyment thereof and inclu~es ministering to the personal comfort and 
convenience of the members of the employer's household, including 
services of family drivers.} REFERS TO ANY PERSON, WHO RENDERS 
DOMESTIC OR HOUSEHOLD SERVICES, UNDER A FULL-TIME 
BASIS FOR COMPENSATION, TO A HOMEOWNER I EMPLOYER 
UNDERTAKING TASKS ASCRIBED AS NORMAL HOUSEHOLD 
CHORES WITHIN A SPECIFIC HOUSEHOLD. THE TERM INCLUDES 
MAIDS, COOKS, HOUSEBOYS, FAMILY DRIVERS AND "YAYAS" 
WHO PROVIDE DAILY SERVICE TO A SPECIFIC HOUSEHOLD, 
• 
EITHER ON A LIVE-IN OR LIVE-OUT BASIS." 
SEC. 2. 
Article 142 of Presidential Decree No. 442, as amended, is hereby 
amended and renumbered to read as follows: 


"Art. 142 (AI. 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 EMPLOYER 
AND 
HOUSEHOLD 
HELPER, 
DULY 
SIGNED 
BY 
BOTH 
CONTRACTING PARTIES. EACH CONTRACTING PARTY SHALL BE 
PRIVIDED WITH A COMPLETE SET OF THE DULY SIGNED 
CONTRACT 
OF 
SERVICE, 
WHICH 
SHALL 
INCLUDE 
THE 
FOLLOWING: 
(A) 
PERIOD 
OF 
EMPLOYMENT, 
WHICH 
SHALL 
NOT 
EXCEED TWO (2) YEARS; 
(B) 
MONTHLY COMPENSATION AND MODE OF PAYMENT; 
(C) 
ANNUAL SALARY INCREASE; 
(D) 
DUTIES AND RESONSIBILITIES; 
(E) 
WORKING HOURS AND DAY-OFF SCHEDULE; AND 
(F) 
LIVING QUARTERS OR SLEEPING ARRANGEMENT." 
"ART. 142 (B). MEDICAL CERTIFICATE, POLICE CLEARANCE, 
NBI 
CLEARANCE, 
BARANGA Y 
CLEARANCE 
AND 
BIRTH 
CERTIFICATE AS PRE-REQUISITES FOR EMPLOYMENT. -
AS 
PREREQUISITES FOR EMPLOYMENT IN DOMESTIC WORK, ALL 
PROSPECTIVE APPLICANTS SHOULD SECURE THE FOLLOWING 
DOCUMENTS: 
(a) 
MEDICAL CERTIFICATE ATTESTING TO THE PHYSICAL 
AND MENTAL FITNESS OF THE DOMESTIC WORKER TO BE 
SECURED FROM A LICENSED PHYSICIAN; 
(b) 
NATIONAL 
BUREAU 
OF 
INVESTIGATION 
(NBI) 
CLEARANCE; 
(e) 
BARANGAYCLEARANCE; AND 
(d) 
DULY AUTHENTICATED BIRTH CERTIFICATE FROM 
THE NATIONAL STATISTICS OFFICE (NSO)." 
SEC. 3. 
Subparagraphs (1), (2) and (3), Article 143 of Presidential Decree 
No. 442, as amended, are hereby amended and renumbered to read as follows: 


"Art. 143 (A). Minimum wage. - (a) Househelpers OR DOMESTIC 
HELPERS, AS DEFINED UNDER THIS ACT, shall be paid the following 
minimum wage rates: 
(1) 
[Eight Hundred Pesos (paoo.OO)] TWO THOUSAND PESOS 
(P2,000.00) 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, 
Valezuela, Taguig and Pateros in Metro Manila and in highly urbanized 
cities] EMPLOYED IN THE NATIONAL CAPITAL REGION; 
(2) 
[Six hundred fifty pesos (P650.00)] ONE THOUSAND FIVE 
HUNDRED PESOS (P1,500.00) a month for those EMPLOYED in other 
chartered cities and first class municipalities; and 
(3) 
[Five hundred fifty pesos (P550.00)J ONE THOUSAND 
PESOS (P1,000.00) 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 conditions thereof.] 
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. 
THE REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY 
BOARDS (RTWPBS) MAY DETERMINE AND ADJUST, FROM TIME TO 
TIME, THE APPROPRIATE MINIMUM WAE RATES OF HOUSEHOLD 
OR DOMESTIC HELPERS." 
"ART. 143 (B). 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 IS 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 
THAT THE CASH WAGE AS PROVIDED FOR UNDER THIS ACT." 


"ART. 143 (C). 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 (D). 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 
(E). 
PROHIBITION 
ON 
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 (F). 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 (G). 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." 


SEC. 4. 
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 PROVISIONS 
OF THIS ACT." 
SEC. 5. 
Article 151 of Presidential Decree No. 442, as amended, is hereby 
amended to read as follows: 
"Art. 151 (A). Emp/o}'ment 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." 
"ART. 151 (A). EMPLOYER'S REPORTORIAL DUTIES. - EVERY 
EMPLOYER OF DOMESTIC WORKER IS MANDATED TO KEEP THE 
FOLLOWING RECORDS TO REFLECT THE ACTUAL TERMS AND 
CONDITIONS OF EMPLOYMENT 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: 
(a) 
A REGISTER OF ALL DOMESTIC WORKER EMPLOYED 
BY HIM/HER, INDICATING THE DATES OF THEIR BIRTH; 
(b) 
A 
SEPARATE 
FILE 
FOR 
THEIR 
EMPLOYMENT 
CONTRACT AND EMPLOYMENT CERTIFICATE; 
(c) 
A SEPARATE FILE FOR THEIR POLICE CLEARANCE, 
NBI CLEARANCE AND BARANGA Y CLEARANCE; AND 


(d) 
A 
SEPARATE 
FILE 
FOR 
THEIR 
MEDICAL 
CERTIFICATES. 
IT SHALL BE UNLAWFUL FOR ANY EMPLOYER TO MAKE 
• 
ANY REPORT, OR RECORD FILED OR KEPT PURSUANT TO THE 
PROVISIONS OF THIS ACT KNOWING SUCH STATEMENT, REPORT 
OR RECORD TO BE FALSE IN ANY MATERIAL RESPECT." 
SEC. 6. 
Domestic Workers Fund. -
There is hereby created a 
"Kasambahay Fund" to be administered and managed by the Department of Labor and 
Employment (DOLE) in the initial amount of Fifty Million Pesos (Php 50,000,000.00) to 
be taken from the President's Social Fund (PSF). Thereafter, such funds shall be 
provided for in the General Appropriations Act annually. 
The Kasambahay Fund shall be used for the following purposes: 
(a) 
To provide scholarship and continuing training programs for the continued 
education of domestic workers, specially women and children; 
(b) 
To sponsor gender-sensitive national research programs on domestic 
labor, including child domestic workers (CDWs); 
(c) 
To sponsor conferences, seminars, forums and dialogues to provide 
venue for consensus building and knowledge sharing amongst the public, academe, 
government, employers, domestic workers organization, NGOs, and international 
organizations; 
(d) 
To promote information, education and communication (IEC) campaign 
against hazardous and worst forms of child domestic labor; 
(e ) 
To adopt appropriate measures to improve the educational infrastructure 
and the training of teachers to meet the needs of child domestic workers; 
(f) 
To mobilize resources for national and international programs on domestic 
workers rights; and 
(g) 
To provide publicity to best practices on the !3limination of worst forms of 
child domestic labor. 
SEC. 7. 
Emergency Service. -
The Department of Social Welfare and 
Development (DSWD) shall, within six (6) months from the date of effectivity of this Act, 
institute and establish a program designed specifically to provide emergency services to 
all domestic workers who are in need of custody, shelter, healing, or medical, 
psychological, legal and rehabilitative services. 
The DSWD shall deputize and utilize the services and expertise of non-
government organizations (NGOs) in the conduct of custody, care, psycho-social 


counseling, healing, and medical, psychological, legal and rehabilitative services for 
domestic workers who are victims of exploitation and abuse from their employers. 
For purposes of this Section, the DSWD, in consultation with the DOLE, National 
Commission on the Role of Filipino Women (NCRW), Council for the Welfare of 
Children (CWC), Department of Justice (DOJ) and Department of Health (DOH), shall 
promulgate the necessary implementing guidelines in the accreditation of NGOs and 
child caring institutions in the custody, rehabilitation, medical care, training and 
education, emergency repatriation and legal services for domestic workers. 
SEC. 8. 
LGU Participation in the Promotion of Domestic Workers 
Rights. - Consistent with the provisions of this Act, the local government units from the 
provincial, municipal, city and barangay level are hereby mandated to include in their 
respective local development plans a time-bound program for the protection of the 
rights of domestic workers and the gradual elimination of child domestic work, 
• 
particularly its worst forms of child labor. 
The local government units (LGUs) may seek the technical assistance of the 
DSWD and DOLE to comply with the provisions of this Act. 
SEC. 9. 
Reportorial Requirements. -
The Department of Labor and 
Employment shall submit to the President of the Philippines and to both Houses of 
Congress an annual report of the policies, programs, projects and activities relative to 
the implementation of this Act. 
SEC. 10. 
Promotion of Data Gathering and Research Development 
(R&D). - In order to promote information, education, communication (IEC) campaigns 
and research and development (R&D) on the issue of domestic work, employers are 
mandated to allow their domestic workers to have access to interviews from 
researchers of the National Statistics Office (NSO), social workers of the DSWD, health 
workers of the DOH, and labor inspectors of the DOLE and various research institutions 
of the government. 
Consistent with the provisions of this Act, the NSO, National Statistics and 
Coordination Board (NSCB), Commission on Population, Statistical Research and 
Training Center, Institute for Labor Studies (ILS) of DOLE, TESDA Women's Center 
(TWC) and other relevant social science research agencies of the government are 
hereby mandated and required to incorporate and include the data and information 
concerning domestic work, decent work agenda and child domestic labor modules in the 
routine data collection operations conducted by these agencies in labor force surveys, 
household budget and expenditure surveys, demographic and health surveys, 


• 
population studies, censuses, baseline surveys and other relevant qualitative and 
quantitative studies in order to mainstream the issue of domestic work, and child 
domestic labor into the Medium Term Philippine Development Plan (MTPDP), Medium 
Term Public Investment Program (MTPIP), Regional J Provincial J City and Municipal 
Development Plans and pertinent development framework plans of the government. 
SEC. 11. 
Implementing Rules and Regulations (IRR). -
Within six (6) 
months from the effectivity of this Act, the Department of Labor and Employment 
(DOLE), in coordination with the Department of Social Welfare and Development 
(DSWD), Department of Interior and Local Government (DILG), Department of Health 
(DOH), Department of Justice (DOJ), Department of Education (DepEd), Council for the 
Welfare of Children (CWC), 
National Commission on the Role of Filipino Women 
(NCRW), in close coordination and cooperation with the Committee on Labor and 
Employment of both Houses of Congress, and in consultation with the NGOs sector, 
private sector, employer sector, research institutions, academe and other agencies of 
the government, 
shall promulgate necessary implementing rules and regulations to 
implement the provisions of this Act. 
SEC. 12. 
Transitory Provisions. -
No provIsions in this Act shall be 
interpreted to cause the diminution or substitution of benefits and privileges presently 
enjoyed by domestic workers. 
All existing arrangements between the employer and domestic worker shall 
conform to the minimum standards set by this Act within a period of sixty (60) days upon 
effectivity of this Act. 
SEC. 13. 
Repealing Clause. - All laws, decrees, executive orders, rules and 
regulations or parts thereof not consistent with the provisions of this Act are hereby 
repealed or modified accordingly. 
SEC. 14. 
Separability Clause. - If any provision or part of this Act, or the 
application thereof to any person or circumstance, is held unconstitutional or invalid, the 
remainder of this Act shall not be affected thereby. 
SEC. 15. 
Effectivity Clause. - This Act shall take effect fifteen (15) days 
from the date of its complete publication in the Official Gazette or in at least two (2) 
national newspapers of general circulation. 
Approved,