FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
%No. 
sENAt? 
.h 3 a. 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The domestic helpers or kasambahays 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 our 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.” 
* This bill was originally filed during the Thirteenth Congress, First Regular Session. 


1 
2 
3 
4 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
SENATE 
S. No. 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROVIDING FOR THE MAGNA CARTA OF HOUSEHOLD HELPERS 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
ARTICLE I 
TITLE, POLICY AND DEFINITION OF TERMS 
SECTION 1. Short Title. - This Act shall be known as the “Magna Carta of Household 
Helpers” or “Batas Kasambahay.” 
SECTION 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. 
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. 
SECTION 3. Definition of Terms. -For the purposes of this Act, the term: 
(A) “Household helper,” “househelper” or “kasambahay” means 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 “kasambahay” or “kasama sa bahay” shall be used in lieu of “katulong” to 
properly signify the worth of the labor of househelpers. 
(B) “Self-employed,” “part-time” or “day-to-day” household helper means 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, 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
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” means 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” means 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” means 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” mean 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 house helper is permitted to work; 
(G) “Deployment expenses” means expenses that are directly used for the relocation or 
transfer of the house helper from the place of origin to the place o€ 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” means 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: 
(1) Any work, employment or activity which exposes the household helper to 
physical, emotional or sexual abuse; 
(2) Any work which involves manual handling or transport of heavy loads; 
(3) 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; 
2 


I 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
(4) Any work which requires the household helper to render services for long 
periods of time or during late nights; 
(5) 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; 
(6) Any use, procuring or offering of the household helper for prostitution or 
pornography; 
(7) 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; 
(8) 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 
(9) 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 
SECTION 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) 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; 
(C) Allowable leave, rest days and holidays; 
(D) Working hours, rest periods and day-off; 
3 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
(E) Living quarters, and food and medical provisions; 
(F) Duties and responsibilities; 
(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. 
SECTION 2. Medical Certijkate 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. 
SECTION 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 the National 
Capital Region; 
(B) One Thousand Five Hundred Pesos (P 1,500.00) a month for those employed in other 
chartered cities and first class municipalities; and 
(C) One Thousand Two Hundred 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. 
SECTION 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. 
4 


4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
SECTION 5. Payment 0fl.3'~ Month Pay. -All household helpers shall be entitled to 13"' 
month pay equivalent to one (1) month basic salary, which shall he payable not later than 
December 24 of every year. 
SECTION 6. 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. 1161, as amended. 
The SSS shall implement an outreach program that will facilitate the remittance o f  SSS 
contributions o f  the househelper and employer through the most feasible means. This outreach 
program shall be conceptualized and initiated within one (1) year fiom the date of effectivity of 
this Act. 
SECTION 7. Membership in the Philippine Health Insurance 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. 
SECTION 8. 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 continuous rest per day. 
SECTION 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. 
5 


5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
SECTION 10. 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. 
SECTION 11. 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 he 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. 
SECTION 12. Deployment Expenses. - Deployment expenses of household helpers, 
which may include transportation and agency fees, shall be shouldered by the employer. 
SECTION 13. 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 earned plus the equivalent of fifteen (1 5) 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 HELPER 
SECTION 1. Standard of Trerrtment. - 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 shall not be used 
against a house helper. 
6 


4 
5 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
SECTION 2. Extent ofDuty. - 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. 
SECTION 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. 
SECTION 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. 
SECTION 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) 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; 
(C) 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; and 
(D) Clothing -provision of adequate clothing for the use of the household helper. 
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. 
SECTION 6. Guarantee ofHousehold 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 messaging. 


7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
SECTION 7. Access to Outside Communication. - 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. 
SECTION 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 
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. 
SECTION 9. 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 
(C) 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. 
8 


7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
ARTICLE 4 
SPECIAL RIGHTS AND PRIVILEGES OF HOUSEHOLD HELPERS OF MINORITY AGE 
SECTION 1. Allowable Employment of Household 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. 
SECTION 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 education is being 
provided for by the homeowner, shall not be considered as household helpers themselves. 
SECTION 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 (5) days a week. 
He or she shall be allowed breaks of not less than one (1) hour each for breakfast, lunch and 
dinner. 
SECTION 4. Prohibition ut 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. 
SECTION 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. 
SECTION 6. 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. 
SECTION. 7. Minimum Wuge. - Household helpers of minority age shall be paid the 
same minimum wage rates prescribed in this Act. 
9 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
nr3 
SECTION 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. 
SECTION 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 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. 
SECTION 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 
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 
LL 
suitable household for employment. 
10 


7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
ARTICLE 5 
RIGHTS AND PRIVILEGES OF SELF-EMPLOYED, PART-TIME 
OR DAY-TO-DAY HOUSEHOLD HELPERS 
SECTION 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. 
SECTION 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. 
SECTION 3. 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. 
SECTION 4. 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 he 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. 
SECTION 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 he required to render 
11 


1 
2 
3 
4 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
work for a period longer than ten (IO) hours per day, exclusive of breaks of one (1) hour each for 
meals. 
SECTION 6. Provision for Free Meals. - The employer shall provide the household 
helper with meals free of charge during the hours of work. 
SECTION 7. 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 KASAMBAXAY EDUCATION 
SECTION 1. Opportunity for Self-mprovement. - 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 helper’s compensation be adjusted on account of his or her pursuit of education. 
SECTION 2. Access to 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 fonner’s 
12 


1 
2 
3 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
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. 
SECTION 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 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 
SECTION 1. Household Helper Day. - The date of signing into law of this Act by the 
President of the Republic shall be designated as the “ h a w  ng mga Knsambahay,” a special non- 
working holiday with pay for household helpers, and shall be commemorated as such annually. 
SECTION 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 services to all household helpers in need of 
custody, shelter, healing, or medical, psychological, legal and rehabilitative services. 
SECTION 3. 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 o€ the court. 
SECTION 4. Transitory Provisions. - All existing arrangements between employers and 
their household helpers shall conform to the minimum standards set by this Bntas 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. 
13 


8 
9 
10 
11 
12 
13 
14 
SECTION 5. 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. 
SECTION 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. 
SECTION 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. 
SECTION 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, 
14