TI- 
TEENTH CONGRESS OF THE REP 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S.B. No. 
Introduced by Senator Miriam Defensor-Santiago 
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EXPLANATORY NOTE 
The domestic helpers or kasarnbahays have become a major if not an 
indispensable part of almost every Filipino household. However, despite their invaluable 
service, they still remain one of the least protected workers in OUT country today. 
The twelve provisions in the Labor Code on househelpers (Articles 141 to 152) 
are simply inadequate to address their needs. This bill seeks to address their needs and 
provide them with greater protection and benefits. 
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THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
1 
First Regular Session .- - 
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S.B. ”Y&%2 
NO: 
Introduced by Senator Miriam Defensor-Santiago 
ARTICLE I 
TITLE, POLICY AND DEFINITION OF TERMS 
SECTION 1. Short Title. - 
This Act shall be known as 
Household Helpers” or “Batas Kasambahay.” 
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SECTION 2. Declamtion ofpolicies. - 
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. 
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SECTION 3 .  Dejnition ofTerms. - As used in this Act, the term: 
(a) 
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“Household helper,” “bousehelper” or “kasambahay” refers to 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 “kasambuhay” or “kasama sa buhuy” shall be used in lieu of 
“kutulong” to properly signify the worth of the labor of househelpers. 
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(b) 
“Self-employed,” “part-time” or “day-to-day’’ household helper refers to 
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 
but not for more than three (3) days; otherwise he or she shall 
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household helper or kasambahay; 


(c) 
“Household helper of minority age” or “batung kasumbahuy” refers to 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; 
(d) 
“Homeowner” or “employer” refers to any person who engages the 
servicesof a househelper. 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; 
(e) 
“Household” refers to the immediate members of the family and/or the 
occupants of the house that are directly provided services by the house helper; 
(f) 
“Hours of work” refer to the period of time during which a ho sehold 
helper is required to be on duty or to be at a prescribed workplace and/or the p riod of 
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time during which the house helper is permitted to work; 
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(8) 
“Deployment expenses” refer to expenses that are directly used for the 
relocation or transfer of the house 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 house helper comes from an employment agency. Advances or loans made by the 
household helper are not included in the definition of deployment expenses; 
(h) 
“Hazardous work” refers to any activity or circumstance where the house 
helper is exposed to risk which constitutes an imminent danger to his or her safety and 
health such as, but not limited to: 
i. 
any work, employment or activity which exposes the household 
helper to physical, emotional or sexual abuse; 
ii. 
any work which involves manual handling or transport of heavy 
loads; 
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iii. 
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, 
iv. 
any work which requires the household helper to render services 
for long periods of time or during late nights; 


V. 
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; 
vi 
any use, procuring or offering of the household helper for 
prostitution or pornography; 
vii. 
'my 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 andsubstances as defined in Republic Act No. 91 36; 
viii. 
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 house helper; and 
ix. 
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 
SEC. 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) period of employment which shall not exceed two (2) years for the 
initial contract; thereafter it may be renewed annually; 
monthly compensation and mode of payment; 
allowable leave, rest days and holidays; 
working hours, rest periods and day-ofe 
living quarters, and food and medical provisions; 
duties and responsibilities; 
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(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 
house 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. 
SEC. 2. Medical Certificate us 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^ beBr the accozt-of the employer. 
SEC. 3. Minimum Wage. -The minimum compensation of house helpers shall not 
be less than the following rates: 
a,) 
Two thousand pesos (P 2,000.00) a month for those employed in 
b.) 
One thousand five hundred pesos (P 1,500.00) a month f r,those 
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the National Capital Region; 
employed in other chartered cities and first class municipalities; and 
c.) 
One thousand pesos (P 1,200.00) a month for those employed in 
other municipalities. 
The Regional Tripartite Wages and Productivity Boards (RTWPBs) may 
determine and adjust from time to time, the appropriate minimum wage rates of 
household helpers. 
SEC. 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. 


SEC. 5. Payment ofl3Ih 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. 
SEC. 6. Membership in the Social Security +stem (SSW. - AI1 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 househelper 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. 
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SEC. 7. Membership in 
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2 Philippine Health Inswance Corporation 
(Philhealth). - All house 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. 
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SEC. 8. Normal Hours of Work. - The normal hours of work of a house h lper or 
kasarnbahay shall not exceed ten (10) hours a day, exclusive of breaks of one ( ') hour 
each for breakfast, lunch, and dinner. Any work done by the house helper beyond the 
normal hours of work shall be duly compensated by the employer. In addition, the 
household helper shall be allowed at least eight (8) hours continuous rest per day. 
SEC. 9. Regular Working Days. -All household helpers shall render work for not 
more than six (6) consecutive days per week. While the specific day of the week set aside 
as rest day for the house 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 house hold may dictate; Provided, That 


the employer shall respect the preference of the house helper for his or her weekly rest 
day when said preference is based on religious grounds. 
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SEC. 10. Vacation Leave. - All house helpers, who have rendered one (1) ear of 
service, shall be entitled to an annual fourteen (14) days vacation leave with pay; 
Provided, that any unused portion of said vacation leave shall not be cumulative or shall 
not be carried over to the next succeeding years. 
SEC.ll. Maternity and Paternity Leave BeneJits. -All female house 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. 8282, 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. 
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SEC. 12. Deployment Expenses. - Deployment expenses of household helpers, 
which may include transportation and agency fees, shall be shouldered by the employer. 
SEC. 13. Termination of Service. - If the period for household service is fixed, 
neither the employer nor the house helper may terminate the contract bef re the 
expiration of the term, except for just cause. If the house helper is unjustly dismi sed, he 
or she shall be paid the compensation already earned plus the equivalent of fifte n (15) 
days work by way of indemnity. If the house helper leaves without justifiable reason, he 
or she shall forfeit any unpaid salary due him or her not exceeding the equivalent fifteen 
(1 5) days of work. 
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ARTICLE 3 
RIGHTS AND PRIVILEGES OF HOUSEHOLD HELPER 


SEC. 1. Standard of Treatment. - The employer and the other members of the 
household shall, at all times, treat the house helper in a just and human manner. Abusive 
language, physical violence or any act which debases the dignity of a person shal 
used against a house helper. 
SEC. 2. Extent ofDuty. - The employer may request the house helper to 
not be 
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erform 
a task outside his or her household for the benefit of another with the consent of the 
house helper and payment of just compensation. 
SEC. 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. 
SEC. 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 house 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. 
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SEC. 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) 
(b) 
Food - at least three (3) adequate meals per day; 
Shelter - provision of humane sleeping arrangements that ensure rivacy 
and safety of the household helper; and 
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 from the proceeds of the benefits accruing from his or her 
membership with the SSS. 
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(c) 


(d) 
Clothing - provision of adequate clothing for the use of the household 
helper. 
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In 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 
house helper. 
SEC. 6. Guarantee of Household Helper Privacy. - The employer shall espect 
the privacy of the household helper during the course of the latter’s rest perio s. The 
house helper’s right to privacy shall extend to any and all forms of p rsonal 
communications, including letters, correspondence, telephone calls, and text messaging. I 
SEC. 7. Access to Outside Conzrnunication. - The employer shall grant the house 
helper access to outside communication, either through letters or telephone, especially in 
case of personal or family emergency. Further, the employer shall guarantee the house 
helper access to the household’s private telephone for the purpose of communicating 
with the latter’s family at least once a week: Provided, That the cost incurred for long 
distance and overseas telephone bills shall be shouldered by the house helper. 
SEC. 8. Prohibition on Bonded labor. - It shall be prohibited for the employer to 
use future services of the house helper as collateral for a loan or advance made by the 
latter. Likewise, it shall be prohibited for the employer to bind the household helper for 
his or her-continuouGmploymentas 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 contr&t 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. 


SEC. 9. Acces,y to Lawful Third-Purty Mediation. - Upon employment, the 
employer shall furnish the house 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; 
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b.) 
c.) 
Duly-registered non-government organizations accredited to 
mediate in employee-employer disputes involving house helpers and their 
employers. 
Barangay office which has jurisdiction over the household; and 
The employer shall further guarantee the house helper 
communication to be able to contact any of the above institutions. 
ARTICLE 4 
SPECIAL RIGHTS AND PRIVILEGES OF 
HOUSEHOLD HELPERS OF MINORITY AGE 
SEC. 1. Allowable Employment ofHousehold Helpers of Minority Age. - Children 
fifteen (15) years of age up to seventeen (17) years of age may be employed as household 
helpers. In no instance shall children below fifteen (15) years of age be employed as 
household helpers. 
SEC. 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 educzon is being provided for by the homeowner, shall not be considered as 
household helpers themselves, 
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SEC. 3. Normal Hours of Work. - Household helpers of minority age shall not 
be allowed to render work for more than ten (10) hours a day and more than five ( ) days 
P 


a week. He or she shall be allowed breaks of not less than one (1) hour each for breakfast, 
lunch and dimer. 
SEC. 4. Prohibition at Night Wo‘ork. - Household helpers of minority age shall 
not be allowed to render work between ten o’clock in the evening and six o’clock in the 
morning of the following day. 
SEC. 
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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. 
SEC. 6. Prohibition on Hu2urdous Work, Activities, Conditions ardor 
Undertakings. - Household helpers of minority age shall not be employed in any 
hazardous work, activity or undertaking, and neither shall he or she be exp 
hazardous working conditions. 
SEC. 7. Minimum Wage. - Household helpers of minority age shall be paid the 
same minimum wage rates prescribed in this Act. 
SEC. 8. Right of the Child to Wages Earned. - Any and all wages, remuneration 
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 former. 
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. 
SEC. 9. Rescue of Abused Household Helpers of Minority Age. - Upon report or 
discovery of abuse and exploitation of a house helper of minority age, the Department of 
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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 house 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. 
SEC. 10. 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 DSW-D, said household helper may be placed under the protective custody 
and care of the 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 
SEC. 1. 
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. 
SEC. 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 instance shall abusive 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. 
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SEC. 3. Scope of Work to be Undertaken. - Prior to the commencement of any 
work to b e  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. 
SEC. 4. Paymentfor Fork - Unless the parties had agreed otherwise prio to the 
commencement of the work, compensation for work completed, to the satisfactio of the 
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employer, shall be in the form of cash paid directly by the employer to the ho 1 
sehold 
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 basis, the rates shall be such that will assure the 
household helper of the minimum monthly or the equivalent daily rate as provided in this 
Act. 
SEC. 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 for a period longer than ten (10) hours per day, exclusive of 
breaks of one (1) hour each for meals. 
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SEC. 6. Provisionfor Free Meals. - The employer shall provide the household 
helper with meals free of charge during the hours of work. 
SEC. 7. Medical Expenses. - All medical expenses incurred for work-related 
illnesses contracted or injuries sustained by the household helper shall be should red by 
4 
the employer. 


ARTICLE 6 
SPECIAL PROVISIONS FOR KASAMBAHAY EDUCATION 
SEC. 1. Opportunity for Sev- 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 OTsuch education shall be shouldered by the household helper. 
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. In no case 
shall the household helper’s compensation be adjusted on account of his or her pursuit of 
education. 
SEC. 2. Access to Education and Training. - No household helper of 
inority 
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. 
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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. In no case 
shall the household helper suffer any diminution in compensation on account of his or her 
pursuit of education., 
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SEC. 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 


from the training vcnue, shall be considered as part of the household helper’s hours of 
work. 
ARTICLE 7 
MISCELLANEOUS PROVISIONS 
SEC. 1. Household Helper Day. - The date of signing into law of this Act by the 
President of the Republic shall be designated as the “Arm ng mga Kusambahuy,” a 
special non-working holiday with pay for household helpers, and shall be commemorated 
as such annually. 
SEC. 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 
household helpers in need of custody, shelter, healing, or medical, 
and rehabilitative services. 
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SEC. 3. Penal Provisions. - Any violation of the provisions of this Act shall be 
punished with a fine of not less than Five Thousand Pesos (PS,OOO.OO), nor more than 
Twenty Thousand Pesos (PZO,OOO.OO), or imprisonment of not less than three (3) months 
nor more than three (3) years, or both such fine and imprisonment, at the discretion of the 
court. 
SEC. 4. Transitory Provisions. - All existing arrangements between employers 
and their household helpers shall conform to the minimum standards set by this Batas 
Kusumbahay 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. 
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SEC. 5. Implementing Rules and Regulations. - The Secretary of Labor and 
Employment and the Secretary of Social Welfare and Development and other concerned 


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agencies, shall, within one (1) year from the effectivity of this Act, promulgate the 
necessary rules and regulations to effectively implement the same. 
SEC. 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. 
SEC. 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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SEC. 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, 
/ALP