Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

ar &

HB. No.

A

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

This proposed measure secks 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.

The Labor Code of the Philippines define domestic helpers as those who perform such
services in the employer's home which are usually necessary or 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 houschold. 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."

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.

Clearly, given the work they perform in our homes and the services they render, our
"kasambahays" are not only overworked but pooily 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 ina
language or dialect understood by both employer and household helpers, Moreover, a medical
certificate, barangay clearance and birth certificate shall be pre-requisites for employment, the
cost of which shall be for the account of the employer. Likewise, the minimum wage for
househelpers shall be increased to two thousand pesos (P2,000.00).

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Furthermore, house helpers shall be entitled to an annual salary increase, membership in
the Social Security System and Philippine Health Insurance Corporation. Finally, this proposed
measure provides for the rights and privileges of household helpers in general.

It is high time that we extend to our kasambahay 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.

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“SONNY” M. ANGARA

Representalive
Lone District, Province of Aurora


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

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA.

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 III P.D. 442, AS AMENDED,
OTHERWISE KNOWN AS “THE LABOR CODE OF THE PHILIPPINES”

Be it enacted by the Senate and 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 [or household service] “HELPER,” “HOUSEHOLD HELPERS”
OR KASAMBAHAY” [shall mean service in the employer’s home which is usually
necessary or desirable for the maintainance and enjoyment thereof, and includes
ministering to the personal comfort and convenience of the members of the employers
households, including services of family drivers.] REFERS 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 LTVE-OUT BASIS.”


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SEC. 2. Article 142 of P, D. 442, as amended is hereby amendad and
renumbered to read as follows:

“Rrt, 142 (1). Contract of domestic service. - [The original contract of
domestic service shall not last for more than two (@ ) years but it may be
renewed for stich periods as may be agreed upon bythe parties] 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) 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
(1.6) LIVING QUARTERS OR SLEEPING ARRANGEMENT.”

“ART, 142 (2). MEDICAL OR HEALTH CERTIFICATE, BARANGAY
CLEARANCE AND BIRTH CERTIFICATE AS PRE-REQUISITES FOR
EMPLOYMENT. - KS 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


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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).”

SEC.3.  Subparagraphs (1), (2) and (8), Article 148 of Presidential
Decree No. 442, an amended, are hereby amended and renumbered to read
as follws:

“Art. 143-(1). Minimum wage. - (a) House helpers OR |
DOMESTIC HELPERS, AS DEFINED UNDER THIS ACT, shall be paid the
following minimum wage rates:

(1) [Eight Hundred Pesos (P800.00)] THREE THOUSAND

PESOS (P3,000.00) a month for househelpers [in Manila, Quezon, Pasay

and Galoocan cities and the municipalities of Makati, San Juan,

Mandaluyong, Muntinlupa, Navotas, Malabon, Parafiaque, Las Pifias,

Pasig, Marikina, Valenzuela, Taguig and Pateros in Metro Manila and in

highly urbanized cities] EMPLOYED IN THE NATIONAL CAPITAL

REGION;

(2) [Six Hundred Fifty pesos (P680.00)] TWO THOUSAND
FIVE HUNDRED PESOS (P2,500.00) a month for those EMPLOYED in
other chartered cities and first class municipalities; and P

@) {Five Hundred fifty pesos (P550.00)] TWO THOUSAND
PESOS (P2,000.00) 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 conditiond thereof]

[Provided, further, That those househelpers who are receiving

at least One thousand pesos (P1,000.00) shail be covered by the Social


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Security System (SSS) and be entitled to all the benefits provided

thereunder.)

“RFTER ONE (1) YEAR FROM THE EFFECTIVITY OF THIS ACT
AND EVERY YEAR THEREAFTER TRE REGIONAL TRIPARTITE WAGES
AND PRODUCTIVITY BOARDS (RTWPBS) SHALL REVIEW, AND IF
PROPER, DETERMINE AND ADJUST APPROPRIATE MINIMUM WAGE
RATES OF HOUSEHOLD OR DOMESTIC HELPERS.”

“BRT, 143 (2). PAYMENT OF WAGES, - PAYMENT OF WAGES
SHALL BE MADE DIRECTLY TOTHE = 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, SHALI. 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 PROMISORY NOTES, VOUCHERS, COUPONS,
TOKENS, TICKETS, CHITS OR ANY OBJECT OTHER THAN THE CASH
WAGE AS PROVIDED FORUNDER THIS ACT.”

“ART. 143 (3). PAY SLIP. - ALL, EMPLOYERS ARE MANDATED AT
ALI TIMES TO PROVIDE THEIR DOMESTIC ©=©WORKER WITH &
COPY OF THEIR PAY SLIP WHICH SHALL CONTAIN THE AMOUNT *
PAID IN CASH BY THEEMPLOYERTO 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.”

“BRT. 143 (4). PLACE OF PAYMENT. - PKYMENT OF -WAGES
SHALL BE MADE AT OR NEAR THE PLACE OF UNDERTAKING, EXCEPT

AS OTHERWISE PROVIDED BY SUCH REGULATIONS AS THE


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SECRETARY OF LABOR MAY PRESCRIBE UNDER CONDITIONS ‘To
ENSURE PROTECTION OF WAGES.”

“RT, 143 (8) 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 -
If 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 (2). 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 - IT 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


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CONTINUOUS EMPLOYMENT AS A FORM OF PAYMENT FOR ANY
LOAN OR ADVANCE MADE BY THE LATTER.”

“ANY EMPLOYER WHO VIOLATES THIS PROVISIONS SHALL BE
PUNISHED UNDER EXISTING PENAL LAWS WITHOUT PREJUDICE TO
CIVIL AND ADMINISTRATIVE CASES WHICH MAY BE FILED AGAINST
HIM/HER.”

SEC. 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. ALi, EXISTING ARRANGEMENTS
BETWEEN EMPLOYER AND KASAMBARAY SHALL CONFORM TO THE
MINIMUM STANDARDS SET BY THIS ACT.”

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

“Bat. 148, Board, lodging and medical attendance- Tae 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 SND
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.”

SEC. 6. A new provision, Article 148-(1) is hereby inserted to read as.
follows:

“BRT. 148-(1) ALL HOUSEHOLD HELPERS SHALL BE COVERED BY

THE SOCIAL SECURITY SYSTEM (SSS) AND BE ENTITLED TO ALL THE


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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
MEKNS. THIS OUTREACH PROGRAM SHALL. BE CONCEPTUALIZED
AND INITIATED WITHIN ONE (1) YEAR FROM THE DATE OF THE
EFFECTIVITY OF THIS ACT.”

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

"ART. 148.2) MEMBERSHIP IN THE PHILIPPINE HEALTH —
INSURANCE CORPORATION (PHILHEALTH)- KLL HOUSEHELPERS SHAUL
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.”

SEG. 8 Article 161 of Presidential Decree No. 44, as amended, is
hereby amended to read as follows:

“Art. 151-(1). Employment Certification- Upon the severance of the
household service relation, the employershall give the
househelper/DOMESTIC WORKER a writen EMPLOYMENT
CERTIFICATION INDICATING {statement of] the nature, [and] duration of
the service, WORK PERFORMANCE, [and his or her] efficiency and canduct
as househelper/DOMESTIC WORKER.”

“ART. 151-(2). EMPLOYER'S REPORTORIAL DUTIES. - EVERY
EMPLOYER OF DOMESTIC WORKER IS MANDATED TO REGISTER

THEIR KASAMBAHAY IN ACCORDANCE WITH THE REGISTRATION


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SYSTEM THAT SHALL BE ESTABLISHED BY LGUS FOR THE MUTUAL ©
PROTECTION OF THE KASAMBAHAYS AND THEEMPLOYER.” #
“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.”

SEC. 9, ROLE OF LOCAL GOVERNMENT UNITS. - LOCAL

GOVERNMENT UNITS (LGUS) SHALL FACILITATE ACCESS OF

KASAMBARAYS TO ALL 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.”

SEC. 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”.


SEC, 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 (80) DAYS from the date of its effectivity, promulgate the necessary
implementing'rules and regulations.

SEC. 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.

SEC. 13, Separability Clause. - If 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,

SEC. 14, Effectivity Clanse, ~ This Act shall take effect fifteen (18) days
following the completion of its publication in the Official Gazette or in two (2)
newspapers of general circulation.

Approved. d