Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO.___999 |

Authored by HON. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

This bill is for the poor and marginalized sector, everyday army and
unrecognized heroes of the Philippine Economy-the household helpers. It
also brings with it the earnest desire of promoting the domestic worker
industry’s welfare which has long been overlooked and neglected not only by
the government but by our society, as well.

In order to further effectively carry out our intention of lessening the
plight our destitute kasambahay, this representation has made additional
consultations with concerned non-governemnt organizations, particularly,
the visayan Forum Foundation, Inc., a Philippine-based national NGO that
mobilizes countrywide efforts by championing the cause of trafficked women
and domestic workers, most especially children. And as a result of this, a
modified legislative measure on the kasambahay was conceived by this
Representation.

As a signatory to numerous international labor-related conventions
and treaties and with the incorporation of the labor welfare clause into our
constitution, immediate passage of this long-deserved Batas Kasambahay is
thus, earnestly and fervently sought.

TF

JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2559

Authored by HON. JOSEPH VICTOR G. EJERCITO

AN ACT
PROVIDING FOR ADDITIONAL BENEFITS AND PROTECTION TO THE
HOUSEHELPERS, THEREBY AMENDING FOR THIS PURPOSE,
ARTICLES 141, 142, 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 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 maintenance 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 LIVE-
.OUT BASIS.”

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

“Art. 142 (1). Contract of domestic service. - [The original
contact 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


AGRREMENTS SHALL BE COVERED BY A WRITTEN EMPLOYMENT
CONTRACT, IN A LANGUAGE OR DIALECT UNDERSTOOD BY BOTH THE
EMPLOYER AND THE HOUSEHOLD HELPERS, DULY SIGNED BY BOTH
CONTRACTING PARTIES. EACH CONTRACTING PARTY SHALL BE
PROVIDED WITH A COMPLETE SET OF THE DULY SIGNED CONTRACT
OF SERVICE WHICH SHALL INCLUDE THE FOLLOWING:

(1.1) PERIOD OF EMPLOYMENT, WHICH SHALL NOT EXCEED TWO (2)
YEARS;

(1.2) MONTHLY COMPENSATION AND MODE OF PAYMENT

(1.3) ANNUAL SALARY INCREASE

(1.4) DUTIES AND RESPONSIBILITIES

(1.5) WORKING HOURS AND DAY-OFF SCHEDULE, AN

(1.6) LIVING QUARTERS OR SLEEPING ARRANGEMENT.”

“ART. 142 (2) MEDICAL OR HEALTH CERTIFICATE, BARNAGAY
CLEARANCE AND BIRTH CERTIFICATE AS PRE-REQUISITES FOR
EMPLOYMENT - AS PREREQUISITES FOR EMPLOYMENT IN DOMESTIC
WORK, ALL PROSPECTIVE APPLICANTS SHOULD SECURE THE
FOLLOWING DOCUMENTS:

(2.1) MEDICAL CERTIFICATE OR IN LIEU THEREOF, HEALTH
CERTIFICATE ISSUED BY A LOCAL GOVERNMENT HEALTH OFFICERS
ATTESTING TO THE PHYSICAL AND MENTAL FITNESS OF THE
DOMESTIC WORKER:

(2.2) BARANGAY CLEARANCE; AND.

(2.3) DULY AUTHENTICATED BIRTH CERTIFICATE FROM THE
‘NATIONAL STATISTICS OFFICE (N.S.O.).”

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

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

(1) [Eight Hundred Pesos (Php800.00)] THREE THOUSAND PESOS
(Php3,000.00) a month for househelpers [in Manila, Quezon, Pasay
and Caloocan 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 Hundered Fifty pesos (Php650.00)] TWO THOUSAND FIVE
HUNDRED PESOS (Php2,500.00) a month for those EMPLOYED in
other chartered cities and first class municipalities; and

(3) [Five Hundred fifty pesos (Php550.00)] TWO THOUSAND PESOS
(Php2,000.00) 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 conditioned thereof]. [Provided, further,
That those househelpers who are receiving at least One Thousand


(Php1,000.00) shall be covered by the Social Security System
(S.S.S.0 and be entitled to all the benefits provided thereunder.]

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

“ART. 143 (2). PAYMENT OF WAGES - PAYMENT OF WAGES SHALL
BE MADE DIRECTLY TO THE DOMESTIC WORKER TO WHOM THEY
ARE DUE INCASH, 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 THE LAW. NO.
EMPLOYERS 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 FOR UNDER THIS ACT.”

“ART, 143 (3). PAY SLIP - ALL EMPLOYERS ARE MANDATED AT ALL
TIMES TO PROVIDE THEIR DOMESTIC WORKER WITH A COPY OF
THEIR PAY SLIP WHICH SHALL CONTAIN THE AMOUNT PAID IN
CASH BY THE EMPLOYER TO THE DOMESTICS WORKER EVERY PAY
DAY, AS PRESCRIBED UNDER THIS ACT. THE COPIES OF THE PAY
SLIP MUST BE KEPT BY THE EMPLOYER FOR A PERIOD OF THREE
(3) YEARS.”

“ART. 143 (4). PLACE OF PAYMENT - PAYMENT OF WAGES SHALL
BE MADE AT OR NEAR THE PLACE UNDERTAKING, EXCEPT AS
OTHERWISE PROVIDED BY SUCH REGULATIONS AS_ THE
SECRETARY OF LABOR MAY PRESCRIBE UNDER CONDITIONS TO.
ENSURE PROTECTION OF WAGES.”

“ART. 143 (5) PROHIBITION OR INTERFERENCE IN DISPOSAL OF
WAGES - NO EMPLOYER SHALL LIMIT OR OTHERWISE INTERFERE
WITH THE FREEDOM OF ANY DOMESTIC WORKER TO DISPOSE OF
HIS/HER WAGES. THE EMPLOYER SHALL NOT IN ANY WORKER TO
PURCHASE MERCHADISE, COMMODITIES OR OTHER PROPERTIES.
FROM THE EMPLOYERS OR FROM ANY OTHER PERSON OR
OTHERWISE MAKE USE OF ANY STORE OR SERVICES OF SUCH
EPLOYER OR ANY OTHER PERSON.”

“ART. 143 (6). PROHIBITION AGAINSTS WITHOLDING OF WAGES -
IT SHALL BE UNLAWFUL FOR AN EMPLOYER, DIRECTLY OR
INDIRECTLY, TO WITHHOLD ANY AMOUNT FROM THE WAGES OF
THE DOMESTIC WORKER OR INDUCE HIM/HER TO GIVE UP ANY
PART OF HIS/HER WAGES BY FORCE, STEALTH, INTIMIDATION
THREAT OR BY ANY OTHER MEANS WHATSOEVER.”

“ART. 143 97). 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 COUATERAL FOR A LOAN OR ADVANCE
MADE BY THE LATTER, IT SHALL BE UNLAWFUL FOR THE EMPLOYER
TO BIND THE HOUSEHOLD HELPER FOR HIS/HER CONTINUOUS
EMPLOYMENT AS A FORM OF PAYMENT FOR ANY LOAN OR
ADVANCE MADE BY THE LATTER.”

“ANY EMPLOYER WHO VIOLATES 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 CURRETLY ENJOYED BY THE KASAMBAHAY.
ALL EXISTING ARRANGEMENTS BETWEEN EMPLOYER AND KASAMBAHAY
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:

“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 medial 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 (D.O.L.E.), IN
ACCORDANCE WITH THE PROVISION OF THIS ACT.”

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

“ART. 148 - (1) ALL HOUSEHOLD HELPERS SHALL BE COVERED BY
THE SOCIAL SECURITY SYSTEM (S.S.S.) AND BE ENTITLED TO ALL
THE BENEFITS IN ACCORDANCE WITHT THE PERTINENT PROVISIONS
OF REPUBLIC ACT NO. 1611, AS AMENDED.”

“THE S.S.S. SHALL IMPLEMENT THE OUREACH PROGRAM THAT WILL
FACILITATE THE REMITTANCE OF S.S.S. COMTRIBUTIONS OF THE
HOUSEHELPER AND EMPLOYER THROUGH THE MOST FEASIBLE
MEANS. THIS OUTREACH PROGRAM SHALL BE CONCEPTUALIZED AND
INITIATED WITHIN ONE (1) YEAR FROM THE DATE OF THE
EFFECTIVITY OF THIS ACT.”

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

“ART. 148 (2) MEMBERSHIP IN THE PHILIPPINE HEALTH INSURANCE
CORPORATION (PHILHEALTH) --ALL HOUSEHELPERS SHALL BE
COVERED BY THE PHILIPPINE HEALTH INSURANCE CORPORATION
(PHILHEALTH) IN ACCORDANCE WITH THE GUIDELINE AND BE


ENTITLED TO ALL THE BENEFITS PROVIDED BY LAW, THE PREMIUM
PAYMENTS FOR PHILHEALTH CONTRIBUTIONS SHALL BE
SHOULDERED BY THE EMPLOYER.”

SEC. 8. Article 151 of Presidential Decree No. 442, as amended
is hereby amended to read as follows:

“Art. 151 (1). Employment Certification - Upon the severance of the
household service relation, the employer shall give the househelper /
DOMESTIC WORKER a_ written EMPLOYMENT CERTIICATION
,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 - (2). EMPLOYERS REPORTORIAL DUTIES - EVERY
EMPLOYER OF OMESTIC WORKER IS MANDATED TO REGISTER THEIR
KASAMBAHAY IN ACCORDANCE WITH THE REGISTRATION SYSTEM
THAT SHALL BE ESTABLISHED BY LGUS FOR THE MUTUAL
PROTECTION OF THE KASAMBAHAYS AND THE EMPLOYER.”

“EVERY EMPLOYER OF DOMESTIC WORKERS 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
HASLEFT 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 KASAMBAHAYS 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 (90) DAYS from the date of its effectivity, promulgate the necessary
implementing rules and regulations.

SEC. 12. Repealing Cause - 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 Clause - This Act shall take effect fifteen (15)

days following the completion of its publication in the Official Gazette or in
two (2) newspapers of general circulation.

Approved,