FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
7’ JUM 30 PZ:44 
, 
S E N A T E  
S.B. No. 
I57 
Introduced by Senator JINGGOY EJERCITO ESTRADA 
l ,  
EXPLANATORY NOTE 
In my very first day of office, this Representation filed Senate Bill No. 860 
with the ardent purpose of protecting the rights of the poor and invisible, massive, 
everyday army and unsung heroes of the Philippine economy-the household 
helpers. It also carries with it the sincere 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 alleviating the plight 
our destitute kasambahay, this Representation has made additional consultations 
with concerned non-government 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 various international labor-related conventions and 
treaties and with the incorporation of the labor welfare clause into our 
constitution, immediate passage of this long-deserved Bafas Kasambahay is 
thus, earnestly and fervently sought. 
\___r 
Senator 


FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
9 JUhJ 30 :? 2 ’i 
S E N A T E  
Senate Bill No. 157 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
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 111 OF 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 I .  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 services 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 
HOMEOWNERlEMPLOYER 
UNDERTAKING TASKS ASCRIBED AS NORMAL HOUSEHOLD 
CHORES WITHIN A SPECIFIC HOUSEHOLDS. THE TERM INCLUDES 
MAIDS, COOKS, HOUSEBOYS, FAMILY DRIVERS AND “YAYAS” WHO 
PROVIDE DAILY SERVICE TO A SPECIFIC HOUSEHOLD, EITHER ON 
DOMESTIC OR HOUSEHOLD SERVICES, UNDER A FULL-TIME BASIS 
A LIVE-IN OR LIVEOUT BASIS.” 
SEC. 2. Article 142 of P. D. 442, as amended is hereby amended and 
renumbered to read as follows: 
“Art. 142 (A). Contract of domestic service. - [The original contract 
of domestic senrice 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 PROVIDED 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; 
MONTHLY COMPENSATION AND MODE OF PAYMENT; 
(B) 
(C) 
ANNUAL SALARY INCREASE; 
(D) 
DUTIES AND RESPONSIBILITIES; 
(E) 
WORKING HOURS AND DAY-OFF SCHEDULE; AND 
(F) 
LIVING QUARTERS OR SLEEPING ARRANGEMENT.” 
”ART. 142 (B). MEDICAL CERTIFICATE, POLICE CLEARANCE, 
NBI 
CLEARANCE, 
BARANGAY 
CLEARANCE 
AND 
BIRTH 
PREREQUISITES FOR EMPLOYMENT IN DOMESTIC WORK, ALL 
PROSPECTIVE APPLICANTS SHOULD SECURE THE FOLLOWING 
DOCUMENTS: 
CERTIFICATE AS PRE-REQUISITES FOR EMPLOYMENT. - AS 
(A) MEDICAL CERTIFICATE ATTESTING TO THE PHYSICAL AND 
MENTAL FITNESS OF THE DOMESTIC WORKER TO BE SECURED 
FROM A LICENSED PHYSICIAN; 
(E) NATIONAL BUREAU OF INVESTIGATION (NBI) CLEARANCE; 
(C) BARANGAY CLEARANCE;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. 
42, an amended, are hereby amended and renumbered to read as follows: 
“Art. 143 (A). 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 (PSOO.OO)] TWO THOUSAND 
PESOS (P2,OOO.OO) 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, Valenzuela, 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)] ONE THOUSAND PESOS 
(P1,OOO.OO) 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 (PI ,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, 
APPROPRIATE MINIMUM WAGE 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 LEASTTWICE 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 PROMISORY NOTES, 
VOUCHERS, COUPONS, TOKENS, TICKETS, CHITS OR ANY OBJECT 
OTHER THBN 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 OR INTERFERENCE IN DISPOSAL OF 
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.” 
WAGES- NO EMPLOYER SHALL LIMIT OR OTHERWISE INTERFERE WITH 
“ART. 143 (F) PROHIBITION AGAINST 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 HlMlHER TO GIVE UP ANY PART OF HlSlHER 
WAGES BY FORCE, STEALTH, INTIMIDATION, THREAT OR BY ANY OTHER 
MEANS WHATSOEVER.” 
“ART. 143( G). PROHIBITION ON DEPOSITS FOR LOSS OR DAMAGE. 
DEPOSITS FROM WHICH DEDUCTIONS SHALL BE MADE FOR THE 
- NO EMPLOYER SHALL REQUIRE HIS/HER DOMESTIC WORKER TO MAKE 


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 
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.” 
FIRST-AID MEDICINES AND 
EQUIPMENT AS 
THE 
NATURE AND 
SEC. 5. A new provision, Article 148-A is hereby inserted to read as 
follows: 
”ART. 148-A 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.” 
SEC. 6. Article 151 of Presidential Decree No. 442, as amended, is 
hereby amended to read as follows: 
“Art. 151 (A). Employment Certification- Upon the severance of the 
household 
service 
relation, 
the 
employer 
shall 
give 
the 
househelper/DOMESTIC 
WORKER 
a 
written 
EMPLOYMENT 
CERTIFICATION INDICATING [statement ofl the nature, [and] duration of 
the service, WORK PERFORMANCE, [and his or her] efficiency and 
conduct as househelper/DOMESTIC WORKER.” 
“ART. 151 (A). EMPLOYERS REPORTORIAL DUTIES. - EVERY 
EMPLOYER OF DOMESTIC WORKER IS MANDATED TO KEEP THE 
FOLLOWING 
RECORD 
TO 
REFLECT THE 
ACTUAL 
TERMS AND 
CONDITIONS OF EMPLOYMENT HlSlHER 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 HIMIHER, 
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 BARANGAY 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. 7. lmplementing 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 one ( 1 )  year from the date of its 
effectivity, promulgate the necessary implementing rules and regulations. 
SEC. 8. 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. 9. 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. I O .  Effectivity Clause. -This Act shall take effect fifteen (15) days 
following the completion of its publication in the Oficial Gazette or in two (2) 
newspapers of general circulation. 
Approved