THIRTEENTH CONGRESS OF 
1 
THE REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
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S E N A T E  
1772 
S.B. No. 
Introduced by Senator JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
For quite a time, the welfare of our poor household helpers has been 
overlooked and neglected not only by the government but by our society, as 
well. It is for this reason that this Representation filed Senate Bill No. 860, with 
the ardent purpose of protecting the rights and interests of this massive, yet 
invisible everyday army and unsung heroes of the Philippine economy. 
On the other hand, domestic child labor, as declared by the International 
Labor Organization in 2002, is one of the worst forms of child labor. And one 
substantial component in advancing the interests of our kasambahay is the fact 
that it also espouses the crusade of defending our children household helpers, 
which is in consonance with the government's overriding pursuit in totally 
eradicating child domestic labor in the Philippines by year 2015. 
In order to effectively carry out this intention of alleviating the plight our 
destitute Itasarnbahay, 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 the children. And as a result of this, a modified legislative 
measure on the kasambahay was conceived by this Representation. 


Finally, the Philippines, being 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. 
0 ESTRADA \ 
Senator 


THIRTEENTH CONGRESS OF 
1 
THE REPUBLIC OF THE PHILIPPINES 
1 
Fivst Regular Session 
1 
S.B. E 
No. 
Introduced by Senator JINGGOY KJERCITO ESTRADA 
AN ACT 
TO INSTITUTIONALIZE THE BATAS KASAMBAHAY 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
ARTICLE 1 
TITLE, POLICIES, PRINCIPLES AND DEFINITION OF TERMS 
SECTION 1. Short title. - This Act shall be known and cited as the ”Batas 
Kasambahay Act of 2004.” 
SEC. 2. 
Declaration of policies and principles. - It is hereby declared the 
policy of the State to value the dignity of its citizens and to guarantee full respect for 
human rights. The State, likewise, recognizes the dignity of honest labor, including 
the nobility and self respect inherent in the household helper industry. 
The need to nurture and protect the interest of these unsung heroes of the 
Philippine economy is recognized by the State, and they shall be provided with 
adequate and timely social and economic services, as well as statutory mechanisms 
and instruments that shall defend their rights and promote benefits that assure their 
dignified existence and economic upliftment; 


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Acknowledging the fact that the domestic working sector is predominantly 
composed of women and children, the State shall protect them by ensuring safe and 
healthful working conditions and by taking particular account of their maternal and 
peculiar functions, and such facilities and opportunities that will enhance their 
welfare and enable them to realize their full potential in the service of the nation. 
The State further recognizes that household helpers of minority age have 
special inalienable rights and privileges that should be espoused and protected, 
particularly in the area of education, self-determination and self-improvement. 
As such, the State shall promote gender-sensitive measures in the 
formulation, implementation and proper dissemination of policies and programs 
affecting the household helper industry; 
SEC. 3. 
Definition of terns. - As used in this Act, the following terms shall 
mean: 
a.) "Kasambahay" or "household helper"- shall refer to any person employed 
full-time in the homeowner's or employer's home performing tasks ascribed 
as normal household chores within a specific household for which he or she 
is being paid by the employer. 
The term includes the maids, cooks, 
houseboys, family drivers and "yayas" who provide daily service to a single, 
specific household on a live-in basis; 
b.) "&*taMg-~c~~~mbnhnl/" 
or "Household helper of minority age" - Children 
fifteen (15) years old up to below eighteen (18) years of age employed under 
a valid employment contract, with the express written consent of either the 
parent or the legal guardian, as kasambahay, in any non-hazardous work and 
shall be afforded the same protection and benefits accorded to adult 
kasambahay. In no instance shall household helpers below fifteen (15) years 
of age be employed as kasambahay; 


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c.) ”Homeowner” or ”employer” - shall refer to any person who engages the 
service of kasambahay and is identified to be the head of the family of a 
particular household for which the kasambahay is rendering service. It may 
also refer to any other member of the household designated by the head of 
the family to manage the general housekeeping functions for the family; 
d.) ”Household” - shall refer to the immediate members of the family and/or 
occupants of the house for whom the service of the kasambahay is intended; 
e.) ”Residence” - shall refer to the various residences being kept by the 
homeowner or employer, either as primary or secondary place of domicile; 
f.) ”Working hours” - shall refer to the period of time within which the 
kasambahay is required to be on call to perform any and all tasks that may be 
designated, regardless of whether there are actual tasks being undertaken; 
g.) ”Deployment expenses” - shall cover the expenses that are directly attendant 
to the transfer of the kasambahay from the place of origin to the place of work, 
including transportation costs, finder’s fees or agency fees if said kasambahay 
was sourced through third parties. 
Advances or loans made by the 
ltasambahay are not included in the definition of deployment expenses; 
h.) ”Finder’s Fees” - Amount charged by a third party to the homeowner or 
employer as payment for the sourcing of the household helper or 
kasambahny, which shall be for the account of the employer; 
i,) “Hazardous work, undertaking, activity or condition” - shall refer to any 
activity or circumstance where the kasambahay is exposed to any risk which 
constitutes an imminent danger to his or her life, safety, health and morals, 
such as, but not limited to: 
(1) any activity which exposes the knsnmbahay to physical, emotional or 
sexuaI activity; 


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(2) any activity which involves manual handling or transport of heavy 
loads; 
(3) any work in an unhealthy environment which exposes the kasambakay 
to hazardous substances, agents, processes or to temperatures, noise 
levels or vibrations damaging to health; 
(4) any work which requires the kasambakay to render services for 
excessively long periods of time or during late nights; 
(5) all forms of slavery or similar practices such as the sale and trafficking 
of kasambahay, forced or compulsory labor, debt bondage and serfdom; 
(6) use, procurement or endorsement of the kasambakay for prostitution or 
pornography; 
(7) use, procurement or endorsement of the kasambakay for the 
commission of any offense or crime, particularly for the production 
and trafficking of narcotic drugs, precursors and substances as defined 
in the Comprehensive Dangerous Drugs Act; 
(8) any other type of work or activity which, by its nature or circumstance 
in which it is carried out, is likely to jeopardize the health, safety or 
morals of the kasambakay; and 
(9) any other analogous type of work activity as may hereafter be defined 
as hazardous by the Department of Labor and Employment. 
j.) "Gender-sensitivity" - refers to the recognized inequalities and differences 
between men and women in society and a commitment to address issues 
concerning the respective interest of both genders. 
ARTICLE 2 
TERMS AND CONDITIONS FOR EMPLOYMENT 


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SEC. 4. Employment contract. - (a) All household working arrangements or 
agreements shall be covered by a written employment contract, in a language or 
dialect understood by both employer and the kasambahay, duly signed by both of 
them. Each of the contracting party shall be provided with a complete set of the 
duly signed and notarized employment contract, which shall include the following: 
1) period of employment which shall not exceed one (1) year for the 
initial contract and thereafter, be annually renewable; 
2) monthly compensation and mode of payment; 
3) Salary increase and other benefits based upon internal and mutual 
agreement between the employer and the kasambahay. 
4) computation of Social Security Systems (SSS) and Philippine Health 
Insurance Corporation (Philhealth) contributions; 
5) duties and responsibilities; 
6) working hours, days-off and allowable leave benefits; 
7) accommodation arrangements including living quarters, food and 
medical provision; 
(b) In the case of employment of Batang-kasambahay, said contract of employment 
shall be signed on his or her behalf either by the parent or the legal guardian, with 
the express consent of the minor. 
(c) All Insambahay sourced through employment agencies shall be governed by 
the provisions of applicable laws, rules and regulations. 
SEC. 5. Pre-requisitesfor employment. - The following shaIl be the documentary 
requisites for the employment of Itusambahay: 
(1) NBI clearance attesting to the favorable and good moral standing of 
the applicant, which shall be for the account of the employer; 


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(2) Medical certificate attesting to the physical fitness of the kasambahuy, to 
be secured from a licensed physician and shall be borne by the 
employer; 
(3) Letter of referral either from the previous employer or from any 
reputable person; 
(4) Authorization signed by either the parent or the legal guardian in case 
the applicant is a batnng-kmambakay. 
SEC. 6. Minimum wage. - (a) Subparagraphs (I), (2) and (3) of Article 143 of 
Presidential Decree No., 442, otherwise known as the ”Labor Code of the 
Philippines,” as amended, are hereby further amended to read as follows: 
”Art. 143. Minimum wage. - A KASAMBAHAY [Househelpersl shall be paid 
the following minimum wage rates: 
(1) TWO THOUSAND FIVE HUNDRED PESOS (Php 2,500.00) [Eight 
hundred pesos (PS00.00)’~ a month for KASAMBAHAY [Househelpers in 
Manila, Quezon, Pasay and Caloocan cities and the municipalities of 
Makati, San Juan, Mandaluyong, Muntinlupa, Navotas, Malabon, 
Parafiaque, Las Piiias, Pasig and Marikina in Rizal Province] WORKING 
IN THE NATIONAL CAPITAL REGION (NCR); 
(2) ONE THOUSAND SEVEN HUNDRED PESOS (Php 1,700.00) [Six 
hundred fifty pesos (P650.00)] a month for those WORKING in other 
chartered cities and first class municipalities; and 
(3) ONE THOUSAND FIVE HUNDRED PESOS (Php 1,500.00) [Five hundred 
fifty pesos (P550.00)] a month for those WORKING in other 
municipalities.” 
(b) The Regional Tripartite Wages and Productivity Boards (RTWPBs) may 
determine and adjust from time to time, the appropriate minimum wage rates of 
lcasarn bakay. 


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(c) Provided, that the employers shall review the employment contracts of their 
KASAMBAHAY [househelpers] every after second (2nd) renewal of the contract 
[three (3) years] with the end in view of improving the terms and conditions thereof. 
(d) Pvovided, further, that those KASAMBAHAY [househelpers] who are 
receiving at least One thousand pesos (1,000.00) shall be covered by the Social 
Security System (SSS) and be entitled to all the benefits provided thereunder. 
SEC. 7. Payment of wages. - (a) Payment of wages shall be made directly to 
the lasambahay in cash, at least once every two (2) weeks or twice a month at 
intervals not exceeding sixteen (16) days. No employer shall make payment with 
less frequency than once a month. 
(b) The employer, unless authorized in writing by the kasambnhay, shall make 
no deductions from his or her wages other than those authorized by law. 
SEC. 8. Payment of thirteenth (13*h) month pay. - (a) All kasambahay shall be 
entitled to a thirteenth (13h) month pay equivalent to one (1) month’s basic salary 
which shall be paid not later than the 16th of December of every year. 
(b) Those who have served less than (12) months in a year shall, likewise, be 
entitled to this monetary benefit in proportion to the number of days worked. 
SEC. 9. Termination pay - payment by way of indemnity, afforded by the 
employer to the kasambahay upon termination of service of the latter, equivalent to at 
least one (1) month salary. 
SEC. 10. Membership in the Social Security System (SSS). - (a) All 
Itasnmbahay, regardless of age and compensation levels, shall be covered by the Social 
Security System (5%) and be entitled to all the benefits provided under Republic Act 


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No. 8282, as amended. The employers of said kasambakay shall pay for the 
employer's share of the SSS contributions without deducting the same from the 
monthly compensation of the Itasambakay. 
(b) For this purpose, the SSS is hereby mandated to implement an outreach 
program that will facilitate remittance of SSS contributions by either the employer or 
the kasarnbakay. Said outreach program should be conceptualized and initiated 
within a period of one (1) year from the date of effectivity of this Act. 
SEC. 11. Membership in the Philippine HeaZth Insurance Corporation 
(PhiZheaZth). - All kasnmbakay, regardless of age or compensation levels, shall be 
covered under the Philippine Health Insurance Corporation (Philhealth), and be 
entitled to all the benefits provided under the law. The employer of the kasambahay 
shall pay for the employer's share of the aforementioned benefit, without deducting 
the same from the monthly compensation of the kasambahay. 
SEC. 12. NomzaZ hours of work. - Cognizant to the peculiarities of the 
relationship between the employer and the kasambakay, the normal hours of work 
shall be ten (10) hours a day, exclusive of one (1) hour breaks for each regular meal 
of the day. 
SEC. 13. Regular WOT ing days. - No ltasambahay shall render wo: < in excess 
of six (6) days per week. It shall be the duty of every employer to provide his or her 
ltasambahay a rest period of at least one (1) day a week. The rest day of the 
kasambahay shall be stipulated in the employment contract; however, the same may 
be changed for another day of the week upon mutual agreement of the employer 
and the kasambahay. 


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SEC. 14. Vacation leave benefit. - All kusambahny shall be entitled to a 
fourteen (14) day vacation leave with pay over and above their rest days. Said can 
only be availed of after the period six (6) months from the commencement of the 
employment contract and every year thereafter, and may be cumulative from year to 
year. 
SEC. 15. - Maternity leave benefits. 
All female lasambahay who have 
rendered service for at least six (6) months shall be entitled to maternity leave 
benefits pursuant to the provision of Article 133 of the Labor Code and Section 14-A 
of R.A. 8282 or the Social Security Act of 1997. 
SEC. 16. - Paternity leave benefits. - A11 married male kasnmbahay who have 
rendered service for at least three (3) months shall be entitled to paternity leave 
benefits of seven (7) days with pay when their legitimate spouses deliver a child or 
suffer miscarriage, pursuant to the provisions of R.A. 8187 or the Paternity Leave 
Act. of 1996. 
SEC. 17. Deployinent expenses, -The employer shall be accountable for all the 
deployment expenses of the kcmambahay including transportation cost, finder's fee 
andlor agency fees. 
SEC. 18. Salary increase an@or otheu benefits. - Salary increase and/or other 
benefits may be granted by the employer based upon internal and mutual 
agreement by both parties pursuant to existing laws, rules and regulations 
SEC. 19. Termination of empZoyey-kasambahay relationship. - (a) The 
employer may, prior to the expiration of the contract period, terminate the services 


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of the Itasambahay; provided, that the he or she provides the Itasambahay at least 
fifteen (15) days notice of dismissal and a termination pay and 13th month pay in 
addition to that of the fifteen (15) day compensation already earned. 
(b) The employer may disregard the fifteen (15) day notice and immediately 
cause the termination of the service of the kasambahay; provided that the employer 
pays the salary due him or her and remunerates the kasarnbahay termination pay 
equivalent to one (1) month's salary. 
(c) The Itasambahay may, prior to the expiration of contract, put an end to the 
employer-Itasambahay relationship, by putting the employer on notice at least one (1) 
month in advance. 
(d) The kasambahay, may unilaterally terminate the relationship without 
serving any notice on the employer for any of the following just causes: 
1. Serious insult by the employer or any of his or her immediate household 
on the honor and person of the kasambahay; 
2. Inhuman and unbearable treatment accorded to the lcasarnbahay by the 
employer or any of his or her immediate household; 
3. Commission of a crime or offense by the employer or any of his or her 
immediate household against the Itasnrnbahay; 
4. Other causes analogous to any of the foregoing. 
(e) All kasambahay who have been terminated from work may, demand 
immediate payment of the terminal pay, 13th month pay, unused leave credits in 
addition to the remaining earned salary upon leaving the employer: Provided, 
however, that this provision shall not apply if the termination was based on just 
causes. 
ARTICLE 3 
RIGHTS AND PRIVELEGES OF HOUSEHOLD HELPERS 


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SEC. 20. Standard of treatment. - The employer, as well as the immediate 
members of the household shall, at all times, treat the kasarnbahay in a just and 
humane manner. In no instance shall abusive language, physical violence or any 
other act which debases, degrades or demeans the intrinsic worth and dignity of the 
lcasarnbalzay as a human being be used upon the latter. 
SEC. 21. Extent of duty. - The kasambahay shall not be required by his or her 
employer to perform any task or work outside of the usual work area for the service 
or benefit of another household without the Itasambakay's express consent and 
payment of appropriate compensation. 
SEC.22. Prohibition on labor sub-con&acting. - The employer shall not sub- 
contract the services of the kasarnbahay to any other third party or household, unless 
such activity falls within the purview of the undertaking and operation of a 
legitimate employment agency. 
SEC. 23. Prohibition on charging recruitment and/or finder's fees to the 
kasambahay. - Regardless of whether the ltasambahay was sourced either through an 
employment agency or a third party, the kasambahay shall not be charged in full or in 
part, of the recruitment fees or finder's fees by an employment agency or third 
party. 
SEC. 24. Basic necessities. - (a) In a manner befitting the means of a 
responsible head of the family, the employer shall provide for the basic necessities of 
the kasambnhay, which shall include: 
1) food for at least three (3) meals per day; 


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2) shelter and provision for humane sleeping arrangement that ensure 
privacy and safety of the kasarnbahay; 
3) Medical assistance and expenses incurred for work-related illnesses or 
injuries sustained by the Insambahay shall be shouldered by the employer; 
otherwise, the employer shall bear fifty percent (50%) of the expenses for 
non-work-related illnesses, while the kasambakny shall bear the other half. 
The employer, however, shall advance the kasambahay’s share, at the time 
the medical expenses are incurred, and shall be reimbursed out of 
deductions from the Itasambahay’s monthly compensation which shall, at 
no time, be greater than fifty percent (50%) of the latter’s monthly 
compensation. 
(b) In no instance shall the employer be allowed to withdraw or hold in 
abeyance the provision of these basic necessities as a form of punishment or 
disciplinary action to the kasambnhay. 
SEC. 25. Guarantee to kasambahay privacy. - The employer shall respect the 
privacy of the kasarnbahay during the course of the latter’s rest periods. 
The 
kasambahay’s right to privacy shall extend to any and all forms of personal 
communications, including letters or correspondence issued or received by the 
Icasambahay or coursed through the private telephone of the household. 
SEC. 26. Access to outside communication. - The employer shall allow the 
kasnmbnhay access to outside communication, either through letters or private 
telephone of the household, especially in cases of personal or family emergencies. 
The employer shall, likewise, guarantee kasambahay’s access to the private telephone 
of the household for the purpose of communicating with the latter’s family at least 


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once a week; provided, that the cost incurred in making long distance or overseas 
telephone calls shall be for the account of the kasambahay. 
SEC. 27. Pvokibition on bonded labor. - No kasambahay shall be allowed to 
use his or her services as collateral €or any loan or advances he or she made or will 
promise to the employer. Likewise, no employer shall be allowed to bind the 
kasambaliay to his or her continued employment as a form of payment for any loan or 
advances that the kasambakay may have made with him or her. Should a kasambahay 
with an outstanding loan or advance decides to unilaterally terminate the contract of 
employment, payment for the said loan or advance shall immediately be made, 
unless otherwise agreed upon, under terms and conditions specified in a duly- 
executed promissory note between the parties. 
SEC. 28. Access to lawful fhird-pavfy mediation. - (a) Upon employment, the 
employer shall provide the knsambakay with the names, addresses and telephone 
numbers of the designated liaison officials of the following: 
1) the Department of Labor and Employment (DOLE) and the Regional 
Office having jurisdiction over the area of employment of the 
kasam bahay; 
2) the Barangay Office of the knsnrnbahay’s place of work; 
3) Duly-registered non-government organizations (NGOs) accredited to 
mediate in employee-employer disputes involving kasambahay and 
their employers. 
(b) The employer shall further guarantee the kasambahay’s access to all means 
of communication to be able to contact any of the above institutions. 


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SEC. 29. 
Inter-agency networking. - The Department of Labor and 
Employment (DOLE) shall provide for and lead the inter-agency networking system 
among the different departments and instrumentalities of government, should the 
same be required in the continuing efforts to protect the interests, rights and 
privileges of kasambahay. 
ARTICLE 4 
SPECIAL RIGHTS AND PRIVILEGES OF THE BATANG KASAMBAHAY 
SEC. 30. Allowable employment of batang-kasambahay. - Children fifteen 
(15) years old up to below eighteen (18) years of age may be employed as knsambahay 
under a valid employment contract, with the express written consent of either the 
parent or the legal guardian, in any non-hazardous work and shall be afforded the 
same protection and benefits accorded to adult kasambahay. In no instance shall 
household helpers below fifteen (15) years of age be employed as kasnrnbakay. 
SEC.31. Children of kasambahay - Unless expressly employed as knsarnbnkay 
under a duly executed contract, children of kasambahay living with their parent/s at 
the employer's residence or those whose sustenance for education is provided for by 
his or her parent/s' employer, shall not be considered as knsambiahny themselves. 
SEC. 32. 
Normal hours of work for batang-kasambahay - No batnng- 
kasnrnbnhay shall be allowed to render work for more than eight (8) hours a day, five 
(5) days per week, exclusive of one (1) hour breaks for each regular meal of the day. 


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SEC. 33. Prohibition on night work - No batang-kasambahay shall be allowed 
to render work between ten o'clock in the evening and six o'clock in the morning of 
the following day. 
SEC. 34. Prohibition on work to be undertaken - No batnng-kasambakny shall 
be allowed to render work beyond their physical and mental capabilities. 
SEC. 35. Prohibition on hazardous work, activities, conditions and/or 
undertakings. - No batang-ltasnmbakay shall be employed in any hazardous work, 
activity, condition or undertaking, and neither shall he or she be exposed to 
hazardous working conditions. 
SEC. 36. Minimum wage. - All batang-kasambakay shall be paid the same 
minimum wage rate mandated in this Batas Kasarnbahay. 
SEC. 37. Right ofthe batang-kasambahay to wages earned. - (a) Any and all 
wages, remuneration and compensation earned by the batang-kasambakay during the 
period of employment shall be paid by the employer directly to him or her. 
(b) No parent, guardian or relative shall be allowed to borrow against the 
compensation of the bntang-ltasambakay without the express written consent of the 
latter. Neither shall the batang-kasambakay be made to render work in payment of a 
loan or liability incurred by a parent, guardian or relative. 
SEC.38. Emergency services. - The Department of Social Welfare and 
Development (DSWD) shall, within a period of one (1) year from the date of 
effectivity of this Act, institute a program designed specifically to provide 


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emergency services to batnng-knsnmbahay in need of custody, shelter, healing or legal, 
medical, psychological and rehabilitative services. 
SEC. 39. Rescue of abused batang-kasambahay - (a) The Department of 
Social Welfare and Development (DSWD) shall, upon the recommendation of the 
Department of Labor and Employment (DOLE), effect the repaeiation of batang- 
ltasnmbahay who either voluntarily seek government protection against abuse and 
exploitation or upon report or discovery of the same. The rescued bntang-kasambahay 
shall be supervised and escorted by a social worker back to his or her parent, 
guardian or relative. The cost of returning the kasambahay home shall be borne by 
the party who recruited or deployed the batang-kasambahny, or in its absence, the 
DSWD. 
The DOLE shall formulate the rules and regulations governing the 
emergency repatriation of the batang-kasambahay 
SEC. 40. Custody and re-placement of the batang-kasambahay. - Should a 
batang-kasambahny refuse to be returned to the custody of his or her parents or legal 
guardian against the recommendation of the Department of Social Welfare and 
Development (DSWD), the batang-kasarnbahay may be placed under the custody and 
care of the DSWD or that of the duly recognized and accredited non-government 
organization, or be placed in a suitable household for employment. 
ARTICLE 6 
SPECIAL PROVISIONS FOR KASAMBAHAY EDUCATION 
SEC. 41. Opportunity for self-improwernent. - The employer shall not deny 
the lasambahay access to pursue his or her education should the latter decide to avail 
of it. All expenses relative thereto, shall be for the account of the kasambahay. 


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As appropriate, the employer shall adjust the kasambahay’s working schedule 
in accordance with his or her class arrangement. In no case shall the kasnmbahay’s 
compensation be altered on account of his or her educational pursuit. 
SEC. 42. Access to education and training. - (a) No bntang-kasambahay shall 
be deprived of formal or non-formal education, therefore, the employer shall allow 
him or her access to primary, secondary or vocational education. Said employer 
may advance all or part of the expenses incidental to the kasambahay’s educational 
pursuit and the employer shall be reimbursed out of deduction from the 
knsambahay’s monthly compensation, which shall in no time, be greater than thirty 
percent (30%) of the latter’s monthly compensation. 
(b) As appropriate, the employer shall adjust the work schedule in 
accordance with the batnng-kasarnbahn2/‘s class schedule. In no case shall the batung- 
kasnmbalzay’s compensation be altered on account of his or her educational pursuit. 
SEC. 43. Employer initiatives for skills development. - Should the employer 
decide to improve the inherent skills of the kasambahay through external training, the 
employer shall bear the cost and expenses of said training. The time spent by the 
Itasambahay during the conduct of the said training, including the time in going to 
and coming from the training shall be counted as part of the knsambahay’s hour of 
work. 
ARTICLE 8 
MISCELLANEOUS PROVISIONS 
SEC. 44. Implementing Rules and Regulations. - The Department of Labor 
and Employment (DOLE) in coordination with the Department of Social Welfare 


and Development (DSWD) and such other government agencies charged with the 
implementation of the provisions of this Act shall, within a period of one (1) year 
from the date of its effectivity, promulgate the necessary implementing rules and 
regulations. 
SEC. 45. Araw ng mgn Kasambahay. - The date upon which the President 
shall approve this Bafas Kasarnbahay will be designated as the “Ara7v ng mga 
Kasambahay,” a special non-working holiday, with pay, for all the kasarnbahay and 
shall, thereafter be commemorated annually. 
SEC. 46. Nondiminution clause. - (a) Nothing in this Act shall be construed 
to cause the diminution or substitution of any benefits and privileges currently 
enjoyed by the kasarnbahay. 
(b) All existing arrangements between employer and hsarnbahay shall 
conform to the minimum standards set by this Batas Kasambahay within a period of 
sixty (60) days upon effectivity of this Act. 
SEC. 47. Penal Provisions. - Violation of any of the provision of this Act shall 
be punishable with a fine of not less than ten thousand pesos (Php 10,000.00) but not 
more than forty thousand pesos (Php 40,000.00), or imprisonment of not less than six 
(6) months but not more than three (6) years, or both, upon the discretion of the 
court. 
SEC. 48. 
Repealing Clause. - A11 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. 


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SEC. 49. Sepuvubility 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. 50. Effectivity Clause. - This Batas Kasambahay shall take effect after 
fifteen (15) days following the completion of its publication in the Ufzcial Gazette or 
in at least three (3) newspapers of general circulation. 
Approved,