FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES

a 729

House No.

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

EXPLANATORY NOTE

This bill establishes a Magna Carta for househelpers to promote their rights
and protect their welfare

The Labor Code of the Philippines define domestic helpers as those who
perform such services in the employer's home which are usually necessary of
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
employer's household. Domestic helpers enable their employers to fully pursue their
‘own economic and social activities. Domestic helpers’ work is no longer confined in
doing household chores but more importantly, they have become “companions at
home" or "kasambahay.”

As of October 2006, there were 624,000 domestic helpers aged at least 10
years old in the country. 35% or 218,000 of these workers were found in the National
Capital Region. Nine out of ten are female and about 60% belonged to age group
16-24 years old. About 123,000 or 19.6% of total domestic helpers were working
children aged 10-17 years old.

While private sector employees worked 43.8 hours during a typical workweek,
domestic helpers rendered 65.6 hours or a normal work day of 10.2 hours. Their
minimum wages are excluded from the coverage of wage orders and are governed
by Republic Act No. 7655 which mandates that house helpers must be paid P800 a
month in Metro Manila and in highly urbanized cities, P650 in other chartered cities
and first class municipalities and P500 for other municipalities. In year 2006,
domestic helpers received an average daily basic pay of P88.57 across all regions.

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.
Moreover, a medical certificate shall be a pre-requisite for employment, the cost of
which shall be for the account of the employer. Likewise, the minimum wage for
househelpers shall be increased to one thousand pesos.

Furthermore, house helpers shall be entitled to 13" month pay, membership
in the Social Security System and Philippine Health Insurance Corporation, vacation
leaves, matemity 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

In view the foregoing, the immediate passage of this bill is earnestly
requested.

RUFUS B. RODRJGUEZ

a7.

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES

aan 49%
HouséBili No, __ 722

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

AN ACT
INSTITUTING REGULATORY POLICIES FOR THE HOUSEHOLD EMPLOYMENT
INDUSTRY, ESTABLISHING STANDARDS OF PROTECTION AND PROMOTION
OF THEIR WELFARE AND OF THEIR FAMILIES, AMENDING FOR THE
PURPOSE PERTINENT PROVISIONS OF PRESIDENTIAL DECREE NO. 442,
OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES AND FOR
OTHER PURPOSES

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

ARTICLE |
TITLE, POLICY, PRINCIPLES AND DEFINITION OF TERMS

SECTION 1. Short Title. — This Act shall be known as the “Magna Carta of
Household Helpers” or “Batas Kasambahay”

SEC. 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.

a.) It is hereby declared a policy of the State to value the dignity of its citizens
and to guarantee full respect for human rights. The State recognizes the
dignity of honest labor, including the nobility and self-respect inherent in
the household helper industry;

b.) The need to nurture and protect the interests of this hitherto unheralded
heroes of the Philippine economy is recognized by the State, and they
shall be provided with adequate and timely social, economic and legal
services, as well as mechanisms that shall protect their rights and promote
benefits that ensure their dignified existence and economic upliftment;

©.) The State recognized the need to protect the rights of the household
helpers against abuse, economic exploitation and performance of work
that is hazardous to their physical, mental and spiritual health. The State
further recognizes that household helpers of minority age have special


inalienable rights and privileges that should be espoused and protected,
particularly in the areas of education, self-determination and  self-
improvement,

It is the policy of the State to protect working women by ensuring safe and
healthful working conditions and to take particular account of their
maternal functions and needs. The State recognizes that the household
helper industry is predominantly composed of women and, as such, the
State shall promote gender-sensitive measures in the formulation,
implementation, and proper dissemination of policies and programs
affecting the household helper industry; and

Duly-recognized non-government organizations are partners of the State
in the protection of household helpers and in promotion of their welfare.
The State shall cooperate with them in a spirit of trust and mutual respect.

SEC. 3. Definition of Terms. — As used in this Act, the term:

(a) "Household helper’, “househelper’ or “kasambahay” refers to any
person who renders domestic or household services exclusively to an
employer as family driver, babysitter, gardener, cook, nursemaid or yaya, or
laundry woman. The term “kasambahay” or “kasama sa bahay’ shall be used
in lieu of “katulong” to properly signify the worth of the labor of househelpers.

(0) “Self-employed”, “part-time” or “day-to-day” household helper
Tefers 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 a single household, but not for more than three (3) days;
otherwise he or she shall be considered as a household helper or
kasambahay;

(c) “Household helper of minority age” or “batang kasambahay” 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
services of a house 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;

(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;

() “Hours of work” refer to the period of time during which a
household helper is required to be on duty or to be at a prescribed workplace
andor the period of time during which the househelper is permitted to work:


(@) “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 househelper 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
househelper 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;

ii ‘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. 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;

vil any other 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. 4. 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

b.) monthly compensation and mode of payment; allowable leave, rest days
and holidays; working hours, rest periods and day-off

c.) living quarters, and food and medical provisions; duties and
responsibilities;

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

e.) — 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. 5. 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.

SEC. 6. Minimum Wage. — The minimum compensation of househelpers
shall not be less than the following rates:

a. One thousand five hundred pesos (P1,500.00) a month for those
employed in the National Capital Region

b. One thousand two hundred pesos (P1,200.00) a month for those
employed in other chartered cities and first class municipalities; and

¢. One thousand pesos (P1,000.00) 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. 7. 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 he 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. 8. Payment of I3th 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. 9. Membership in the Social Security 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. 11 61, 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.

SEC. 10. Membership in the Philippine Health Insurance Corporation
(Phithealth). — All house helpers shall be covered by the Philippine Health Insurance
Corporation (Philhealth) in accordance with its guidelines and be entitled to all the
benefits provided by law.

SEC. 11. Normal Hours of Work. The normal hours of work of a house helper
or kasambahay shall not exceed ten (10) hours a day, exclusive of breaks of one (1)
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 of continuous
rest per day.

SEC. 12. 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 household helper as the exigencies of the
household 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.

SEC. 13. Vacation Leave. — All house helpers, who have rendered one (1)
year 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. 14. Maternity and Paternity Leave Benefits. — 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 married

male household helpers when their legitimate spouses deliver a child or suffer a
miscarriage.

SEC. 15. Deployment Expenses. — Deployment expenses of household
helpers, which may include transportation and agency fees, shall be shouldered by
the employer.


SEC. 16. Automatic Salary Increases. - The contract of employment executed
by and between the employer and the household helper shall include a provision for
an annual salary increase indicating the amount determined by mutual agreement of
the parties.

SEC. 17. Termination of Service. — If the period for household service is
fixed, neither the employer nor the house helper may terminate the contract before
the expiration of the term, except for just cause. If the house helper is unjustly
dismissed, he or she shall be paid the compensation already eared plus the
equivalent of fifteen (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 (15) days of work.

ARTICLE 3
RIGHTS AND PRIVILEGES OF HOUSEHOLD HELPERS

SEC. 18. Standard of Treatment. - The employer and the other members of
the household shall, at all times, treat the house helper in a just and humane
manner. Abusive language, physical violence or any act which debases the dignity of
a person shall not be used against a house helper.

SEC. 19. Extent of Duty. — The employer may request the house helper to
perform 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. 20. 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 21. 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

SEC. 22. 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; 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.

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. 23. Guarantee of Household Helper Privacy. The employer shall respect
the privacy of the household helper during the course of the latter's rest periods. The
house helper’s right to privacy shall extend to any and all forms of personal
communications, including letters, correspondence, telephone calls, and text
messages.

SEC. 24. Access to Outside Communication. The employer shall grant the
house helper access to outside communication, either through letters or telephone,
especially in cases 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 household helper.

SEC. 25. 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 continuous 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.

SEC. 26. Access to Lawful Third-Party 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

b.) Barangay office which has jurisdiction over the household; and

©.) Duly-registered non-government organizations accredited to
mediate in employee-employer disputes involving house helpers
and their employers.

The employer shall further guarantee the house helper access to all means of
communication to be able to contact any of the above institutions

ARTICLE 4
SPECIAL RIGHTS AND PRIVILEGES OF HOUSEHOLD HELPERS:
OF MINORITY AGE

SEC. 27. Allowable Employment of Household Helpers of Minority Age.
Children fifteen (15) years of age up to seventeen (17) years of age may he
employed as household helpers. In no instance shall children below fifteen (15)
years of age be employed as household helpers.

SEC. 28. 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.

SEC. 29. 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
(6) days per week. He or she shall be allowed breaks of not less than one (1) hour
each for breakfast, lunch and dinner.

SEC. 30. Prohibition on Night Work. — 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. 31. 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. 32. 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.

SEC. 33. Minimum Wage. — Household helpers of minority age shall be paid
the same minimum wage rates prescribed in this Act.

SEC. 34. 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. 35. 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 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. 36. 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 guardian 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 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. 37. Exclusivity Clause. — For the purpose of this Act, the rights and
privileges of self-employed workers working as parttime or day-to-day household
helpers shall be limited to the provisions of this Article.

SEC. 38. 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 worth and dignity of the household
helper as a human being be used against the latter.

SEC. 39. 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.

SEC. 40. Payment for Work. — Unless the parties had 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 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. 41. 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.

SEC. 42. Provision for Free Meals. — The employer shall provide the
household helper with meals free of charge during the hours of work.

SEC 43. Medical Expenses. — All medical expenses incurred for work-related
illnesses contracted or injuries sustained by the household helper shall be
shouldered by the employer.

ARTICLE 6
SPECIAL PROVISIONS FOR KASAMBAHAY EDUCATION


SEC. 44. Opportunity 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.

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 helpers compensation be adjusted on
account of his or her pursuit of education.

SEC. 45. Access fo Education 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. In no case shall the household helper suffer any diminution in
compensation on account of his or her pursuit of education.

SEC. 46. 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.

ARTICLE 7
MISCELLANEOUS PROVISIONS

SEC. 47. 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.

SEC. 48. 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.

SEC. 49. Penal Provisions. — Any violation of the provisions of this Act shall
be punished with a fine of not less than Five thousand pesos (P5,000.00), nor more
than Twenty thousand pesos (P20,000.00), 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. 50. 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.

SEC. 51. 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.

SEC. 51. 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. 52. 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.

SEC. 53. 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
national circulation.

Approved,