FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
10 Jill -1 P1 :112. 
SENATE 
Senate Bill No. 78 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
This bill is for the poor and marginalized sector, 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 Batas Kasambahay is 
thus, earnestly and fervently sought. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 78 
, . 
',i'< , 
. 
, 
1 0 
.JUL -1 
t» 1 :L!2 
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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 III OF P.O. 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 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 I 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 of P. D. 442, as amended is hereby amended and 
renumbered to read as follows: 
"Art. 142 (1). Contract of domestic service. - [The original contract 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 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: 
(1.1) 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 
-
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) BARAN GAY CLEARANCE;AND 
(2.3) DULY AUTHENTICATED BIRTH CERTIFICATE FROM THE 
NATIONAL STATISTICS OFFICE (NSO)." 
SEC. 3. Subparagraphs (I), (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 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,OOO.OO) a month for househelpers [in Manila, Quezon, Pasay and 
Caloocan cities and the municipalities of Makati, San Juan, Mandaluyong, 
Muntinlupa, Navotas, Malabon, Paraiiaque, 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)] TWO THOUSAND FIVE 
HUNDRED PESOS (P2,500.00) a month for those EMPLOYED in other 
chartered cities and first class municipalities; and 
(3) [Five Hundred fifty pesos (P550.00)1 TWO THOUSAND PESOS 
(P2,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 
conditiond thereof.] [Provided, further, That those househelpers who are 
receiving at least One thousand pesos (P1,000.00) shall be covered by 
the Social Security System (SSS) 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 IN CASH, 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 LAW. NO 
EMPLOYER SHALL PAY THE WAGES OF A DOMESTIC WORER 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 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 (4). 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 LRBOR 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 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 - 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 (7). 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, LIKEWISE, IT SHALL BE 
UNLAWFUL FOR THE EMPLOYER TO BIND THE HOUSEHOLD 
HELPER FOR HISIHER 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. 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 medical 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 
(DOLE), 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 (SSS) AND BE ENTITLED TO ALL 
THE 
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 
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 
HEAILTH 
INSURANCE CORPORA TlON (PHIL HEAL TH)- ALL HOUSEHELPERS 
SHALL BE COVERED BY THE PHILIPPINE HEALTH INSURANCE 
CORPORATION 
(PHILHEAL TH) 
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 
CERTIFICATION 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). EMPLOYER'S REPORTORIAL DUTIES. -
EVERY 
EMPLOYER OF DOMESTIC 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 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 
ICASAMBAHAYS 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 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 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,