7 J& -4 p i  :53 
14‘h Congress of the Republic ) 
of ihe Philippines 
1st Regular Session 
) 
SENATE 
S.B. 2 4 2  
introduced by Senator Aquilino Q. Pimentel, Jr. 
EXPLANATORY NOTE 
This bill recognizes the dignity and the nobility of the household helper 
industry. 
Under %is proposed legislation, the rights and interests of household 
helper are enhanced and protected by ensuring just and equitable terms and 
conditions of their employment are embodied in their contract with their 
employers. This includes the payment of at least the minimum wage, 13‘h month 
pay, Social Security System (SSS) and Philippine Health Insurance Corporation 
(Philhealth) coverage, maternity and paternity benefits. Under this proposed law, 
employers are prohibited from sub-eontracting the service of the household 
helper to any third party or household. 
Likewise provided in this bill are the enumeration of the special rights and 
privileges of household helpers of minority age, as well as rights and privileges of 
self-employed, and part-time or day-to-day household helpers. 
This proposed legislation is an affirmation of the value and dignity of every 
The approval of this bill is earnestly requested. 
person and guarantee full respect for human rights. 
AQUILINO Q. PIMENTEL. JR. 


14‘h Congress of the Republic 
1st Regular Session 
) 
of the Philippines 
> 
SENATE 
Introduced by Senator Aquilino Q. Pimentel, Jr. 
AN ACT INSTITUTING POLICIES GOVERNING THE HOUSEHOLD EMPLOYMENT 
INDUSTRY, ESTABLISHING A STANDARD OF PROTECTION AND PROMOTING THE 
WELFARE OF HOUSEHOLD HELPERS 
Be it enacted by the Senate and the House of Representafives of the Philippines in 
Congress assembled: 
ARTICLE I 
TITLE, POLICY, PRINCIPLES AND DEFINITION OF TERMS 
SECTION 1. Sborf Title. - This Act shall be known as the “Magna Carta of 
Household Helpers” or “Bafas Kasarnbahay” 
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. 
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. 
Recognizing the need to protect working women, the State shall provide them with 
safe and healthful working conditions, and take particular account of their maternal 
functions and needs. Further recognizing the vulnerabilities of women household helpers, 
the State shall ensure that the formulation and implementation of policies and programs 
affecting them shall be gender sensitive, 
Finally, in line with the above declarations, the State shall cooperate, in a spirit of trust 
and mutual respect, with duly recognized legitimate non-governmental organizations in the 
protection of household helpers and in the promotion of their welfare. 


SEC. 3. Definition of Terms. -As 
used in this Act, the term: 
(a) “Househoid helper”, “househelpef 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 tabor of househelpers. 
(b) “Self-employed”, “part-time” or “day-to-day’’ household helper refers to any person 
who renders domestic or household services to more than one (1) employer on a 
contractual, part time of 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 “bafang 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 andlor the occupants of 
the house that are directly provided services by the house helper; 
(f) “Hours of work” refer to €he period of time during which a household helper is 
required to be on duty or to be at a prescribed workplace andlor the period of time 
during which the househelper is permitted to work; 
(9) “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 .  
physical, emotional or sexual abuse; 
11. 
any work, employment or activity which exposes the household helper to 
.. 
any work which involves manual handling or transport of heavy loads; 


iii. 
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; 
viii. 
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 shalt 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: 
(e) living quarters, and food and medical provisions: 
(9 dutiesand responsibilities; 
(9) 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. 


SEC. 5. Medical Certificate as Pre-requisife 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 
a) One thousand five hundred pesos (PI ,500.00) a month for those employed in the 
b) One thousand two hundred pesos (P1,200.00) a month for those employed in 
c) One thousand pesos (P1,OOO.OO) a month for those employed in other 
be less than the following rates: 
National Capital Region; 
other chartered cities and first class municipalities; and 
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 househotd helper shall first be secured before any deduction from his 
or her wages is made. 
SEC. 8. Payment of13fh Month Pay. All household helpers shall be entitled to 13'h 
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 Sysfem. (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 am 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. I O .  Membership in the Philippine Health Insurance Corporation 
(Bhilhealfh). - 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 (IO) 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. 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 (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 PRlVlLEGES OF HOUSEHOLD HELPERS 
SEC. 17. 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. 18. 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. 19. 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. 20. Prohfbifion on Recruifment 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. 21. 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 
(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. 
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. 
safety of the household helper; and 
SEC. 22. 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. 23. Access to Oufside 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. 24. 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 un'der terms 
and conditions specified in a duly-executed promissory note between the parties. 
SEC. 25. Access to LawfuE 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 
ARTICLE 4 
SPECIAL RIGHTS AND PRIVILEGES OF 
HOUSEHOLD HELPERS OF MINORITY AGE 
SEC. 26. Allowable EmpIoymenf 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. 27. 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. 28. Normal Hours of Work. - 
Household helpers of minority age shall not be 
allowed to render work for more than ten (IO) hours a day and more than five (5) days per 
week. He or she shall be allowed breaks of not less than one (1) hour each for breakfast, 
lunch and dinner. 
SEC. 29. Prohibifion 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. 30. frobibifion on Work to be Undertaken. - 
Household helpers of minority 
age shall not be allowed to render work beyond their mental and physical capabilities. 
SEC. 31. 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. 32. Minimum Wage. - 
Household helpers of minority age shall be paid the 
same minimum wage rates prescribed in this Act. 
SEC. 33. Rigbt of the Cbild 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. 34. 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. 35. Protective Custody and Placement of Rescued Household Helpers of 
Minorify 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. 36. Exclusivity Glause. - 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. 
SEC. 37. Treafmenf of fhe 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, 38. Scope of Work to be Underfaken. - 
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. 39. 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. 40. 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 (IO) hours per day, exclusive of breaks of one 
(1) hour each for meals. 
SEC. 41. Provision for Free Meals. - 
The employer shall provide the household 
helper with meals free of charge during the hours of work. 
SEC 42. 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. 43. Opportunify for Self-lmprovement - The employer shall allow the 
household helperwho 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. 
SEC. 44. Access to Educafion 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. 45. Employer lnifiafives 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. 46. Household Helper Day. - 
The date of signing into law of this Act by the 
President of the Republic shall be designated as the ‘%raw ng mga Kasambahay,” a special 
non-working holiday with pay for household helpers, and shall be commemorated as such 
annually. 
SEC. 47. 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. 48. 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. 49. 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. 50. 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 ( I )  year from the effectivity of this Act, promulgate the necessary 
rules and regulations to effectively implement the same. 
SEC. 51. Separabilify Clause. - If any provision of this Act is declared 
unconstitutional, the same shall not affect the validity and effectivity of the other provisions