1 3'h Congress of the Republic ) 
of the Philippines 
) 
First Regular Session 
1 
SENATE 
e 
. Pimentel, Jr. 
EXPLANATORY NOTE 
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This bill recognizes the dignity and the nobility of the household 
helper industry. 
Under this 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 
ealth 
Insurance Corporation (Philhealth) coverage, maternity and p ternity 
benefits. Under this proposed law, employers are prohibited fro 
sub- 
household. 
contracting the service of the household helper to any third p / 
rty or 
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 person and guarantee full respect for human rights. 
The approval of this bill is earnestly yquested. 
I 


13th Congress ofthe Republic 
) 
of the Philippines 
) 
First Regular Session 
) 
SENATE 
Introduced bv Senator Aquilino Q. Pirnentel, Jr. 
STlTUTlNG POLICIES ~ O V E R ~ I ~ G  
THE HOUSEH 
E ~ P L O Y M E ~ T  
P R O ~ O T I ~ G  
INDUSTRY, E S T ~ B L I S ~ I ~ ~  
A S T A ~ D ~ R D  
OF PROTECT1 
THE WELFARE OF HOUSEHOLD HELPERS 
Be it; enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
~ R T I C L ~  
I 
TITLE, POLICY, PRINCI~LE 
D D  
IT! 
F T  
s 
I. Short Tiple. - This Act shall be known as the "Magn 
Household Helpers" or ' 
SEC 2. Declaration ofhlicies. - 
It is the declared policy of the Stale to value 
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. 
the dignity of every person and guarantee full respect for human rights. 


SEC. 3. Definition of Terms. - 
As used in this Act, the term: 
(a) “Household helper”, “househelper” or “kasarnbahay” 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 ‘I to properly 
signify the worth of the labor 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 or 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 “batang 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. Forpurposes 
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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 and/or the occupants 
of the house that are directly provided services by the house helper; 
(9 “Hours of work” refer to the period of time during which a household helper is 
required to be on duty or to be at a prescribed workplace and/or the period of time 
(9) “Deployment expenses” refer to expenses that are directly use 
for the 
relocation or transfer of the house helper from the place of origin to the pla e of work 
during which the househelper is permitted to work; 
including, but not limited to, the cost of transportation and finder’s fees r 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: 
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I 
I. 
physical, emotional or sexual abuse; 
ii. 
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 househ Id helpers 
to hazardous substances, agents or processes, or to temperatures, n ise levels, 
or vibrations damaging to their health; 
iv. 
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. 
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. 
B 
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any work which requires the household helper to render services for long 
any use, procuring or offering of the household helper for prostitution or 
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ARTICLE 2 
TERMS AND CO 
SEC. 4. € ~ p / o y ~ e ~ ~  
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 
(a) period of employment which shall not exceed two (2) years 
and notarized. Each party must have a copy of the said contract. 
A contract of employment shall include the following provisions: 
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; 
(f) duties and responsibilities; 


(9) Social Security System (SSS) and Philippine Health Insurance Corporation 
(h) annual salary increases. Provided, That in the case of employment of a 
(Philhealth) contributions; and 
house helper of minority age, said contract of employment shall be 
his or her behalf by either parent or legal guardian, with the expres 
of the minor. 
SEC. 5. Medical ~ e ~ i f i c a ~ e  
as Pre-requisi~e for & r n ~ I o y ~ e n ~ .  
- 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 be less than the following rates: 
a) One thousand five hundred pesos (PI ,500.00) a month for those employed in 
the National Capital Region; 
b) One thousand two hundred pesos (PI ,200.00) a month for those employed in 
other chartered cities and first class municipalities; and 
c) One thousand pesos (P1,OOO.OO) 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. :- 
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 household helper shall first be secured before any 
deduction from his or her wages is made. 
I 
SEC. 8. Paymenf Of13fh Month Pay. All household helpers shall be 
13'h month pay equivalent to one (1) month basic salary, which shall be 
later than December 24 of every year. 


SEC. 9.   ember ship in the Social Security System. (SSS). All household 
helpers shgll-be coveTGd 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 an 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 
SEC. 10. ~ember§hip in the 
ilippine Health Insurance C rporation 
(Pbilhealth). - 
All house helpers shall be covered by the Philippine Health 1 
Insurance 
from the date of effectivity of this Act. 
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 
kasarnbahay shall not exceed ten (IO) hours a day, exclusive of breaks of one (I) 
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. 
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SEC. 43. 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. ~
a
t
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n
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and ~ ~ ~ e r n i f y  
Leave enefjts. - 
All female hou 
who have rendered an aggregate length of service of two (2) years or 
addition to the leave granted them, be entitled to maternity leave in 
Sec. 14-A of Republic Act No. 8282, otheiwise known as the 
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 expensbs of household 
helpers, which may include transportation and agency fees, shall be shouldered by the 
employer. 
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SEC. 16. ~ermjn~fion 
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 
reason, he or she shall forfeit any unpaid salary due him or her 
equivalent fifteen (15) days of work. 
A ~ T I C L ~  
3 
RIGHTS AND PRIVILEG~S OF HOU~EHOLD 
H E L ~ E ~ ~  
SEC. 17. S ~ ~ n d a r ~  
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 
uty- - 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. 
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S E C  20. Prohibition on Recrui~~ent 
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. 


ask 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; 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 @m the proceeds of the benefits accruing from his or her 
niembership with the SSS. 
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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. 
SEC. 22. ~ u a r a n ~ e e  
of Hou~eho~d 
Helper Privacy. The employer shall respect 
the privacy of the household helper during the course of the latter’s rest pe iods. The 
house helper’s right to privacy shall extend to any and all forms of personal 
communications, including letters, correspondence, telephone calls, and text i 
essages. 
SEC. 23. Access to Outside ~ornrnunica~io~. 
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. Prohi~i~ion 
on 
onded 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. 
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SEC. 25. Access to Lawful ~ h ~ r d - P ~ ~ y  
~ e d ~ a ~ ~ o m .  
- 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; 
Barangay office which has jurisdiction over the household; and 
b) 
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 
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ARTICLE 4 
EClAL ~ I G H ~ S  
A D PRIVILEGE 
HOUSEHOLD HELPERS OF MINO 
SEC. 26. Allowable ~mploymemt of H o u s ~ h o l ~  
Helpers of 
Children fifteen (15) years of age up to seventeen (17) years of age 
as household helpers. In no instance shall children below fifteen 
employed as household helpers. 
SEC. 27. Children of 
usehold 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. Prohibition om 
t 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, 


EC. 30. ~rohibi~ion 
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. Prohibifion on Hazardous Work, 
ctivities, Conditio~s 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. 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'fiousehold 
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 s id minor. 
The rescued minor shall be supervised and escorted by a social worker bac to his or 
her parent, legal guardian or relatives. The cost of such operation shall be bor e by the 
Secretary of Labor and Employment and the Secretary of Social Welfare and 
Development shall formulate the rules and regulations governing such rescue operation. 
.
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agency which recruited or deployed the house helper or, in its absence, the D 1 
WD. The 
SEC. 35. Protective Cusfod~ 
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 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. 


TKLE 5 
RIGHTS AND ~ R I ~ ~ L E ~ E S  
OF SELF-E 
E O R  ~ A Y - ~ O - ~ A Y  
HOUSEHO 
the household helper of the minimum monthly or the equivalent daily rate as 
this Act. 
SEC. 40. Normal Hours of Work. - 
The period of time within which 
SEC. 36. €xc/usivify 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. 
provided in 
the work 
SEC. 37. 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 worth and dignity of the household helper 
as a human being be used against the latter. 
SEC. 38. 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. 
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. MedicaQ Expenses. - 
All medical expenses incurred for work-related 
illnesses contracted or injuries sustained by the household helper shall be shouldered 
by the employer. 
SEC. 44. 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 hqu_sehold 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 ofthe 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 Initiatives for Skills  evel lop men^. - 
Should the mployer 
decide to improve the inherent skills of the household helper through trai ing, the 
employer shall bear the cost and expenses of said training. The time spe t 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. 
a 


SEC. 46. ~ o u s e ~ i o l ~  
Helper ay. - 
The date of signing into law of this Act by 
the President of the Republic shall be designated as the “Araw 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 W lfare and 
Development (DSWD) shall, within a period of one (1) year from the effecti ity of this 
Act, institute a program designed specifically to provide emergency servi es to all 
household helpers in need of custody, shelter, healing, or medical, psychological, legal 
and rehabilitative services. 
1 
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 (PS,OOO.OO), nor more than 
Twenty thousand pesos (PZO,OOO.OO), 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. Transifory Provisions. - All existing arrangements between 
employers and their household helpers shall conform to the minimum standards set by 
this Bafas 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. ~ ~ ~ l e m e n f i n g  
Rules and ~@gula~ions. 
- 
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. 
SEC. 5f. S e ~ a r a b i ~ i ~ ~  
use. - If any provision of this Act is declared 
unconstitutional, the same shall not affect the validity and effectivity of the other 
provisions hereof. 


EC. 52. 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. 
SEC. 53. Effectivity lause. - 
This Act shall take effect fifteen (15) days after 
its complete publicatcn in the Official Gazette or in at least two (2) newspapers of 
national circulation. 
Approved.