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BATAS KASAMBAHAY

{RA. 10361}
PART 1. BACKGROUND
Republic Act No. 10361 is an Act Instituting
Policies for the Protection and Welfare of
Domestic Workers, otherwise known as
Domestic Workers Act or Batas Kasambahay.
It was signed by President Benigno S. Aquino III
on 18 January 2013 and the law became
enforceable on 04 June 2013 or fifteen (15)
days after the publication of its Implementing
Rules and Regulations (IRR) on 19 May 2013 in
The Philippine Star and the Manila Times.
Estimates
place
the
number
of
local
kasambahay at 1.9 million.

BATAS KASAMBAHAY
{RA. 10361}
PART 2. The law
1. Who are the kasambahay covered by the law?
All kasambahay engaged in domestic work, whether on a live-in
or live-out arrangement, such as, but not limited to, the
following:
a. general househelp;
b. yaya;
c. cook;
d. gardener;
e. laundry person;
f. working children or domestic workers 15 years and above but
below 18 years of age; or
g. any person who regularly performs domestic work in one
household on an occupational basis (live-out arrangement).

BATAS KASAMBAHAY
{RA. 10361}
PART 1. The law
2. Who are not covered?
The following are not covered by the Batas Kasambahay:
a) Service provider;
b) Family drivers;
c) Children under foster family arrangement; and
d) Any other person who performs work occasionally or
sporadically and not on an occupational basis.
3. What is the employable age for a kasambay?
) Fifteen years old and above

BATAS KASAMBAHAY
{RA. 10361}
PART 2. The law
5. Mode of Hiring?
A Kasambahay can be hired by the employer directly or
indirectly through a licensed PEA.
6. Cost of Hiring?
The employer shall shoulder the cost of hiring of a
kasambahay, wheter he/she is hired through a licensed
PEA.
In no case shall the recruitment or finders fees be charged
against the kasambahay.
7. Deployment expenses?
The employer shall pay the expenses directly used for
his/her transfer from place of origin to the place of work.

BATAS KASAMBAHAY
{RA. 10361}
PART 2. The law
The employer may recover deployment costs from the
kasambahay whenever he/she leaves without justifiable reason
within six (6) months from employment.
8. Employment Contract ( Ive already provided you sample copy)
3 copy
If the kasambahay is below 18 years old, the employment
contract shall be signed by his/her parents or lawful guardian on
his/her behalf.
Upon the request of either party, the Punong Barangay or his/her
designated officer shall read and explain the contents of the
contract to both parties and serve as its witness.
The employer shall have the obligation to furnish a copy of the
employment contract to the kasambahay and to the Office of the
Punong Barangay where the employer resides.

BATAS KASAMBAHAY
{RA. 10361}
Rights of Kasambahay
a) Minimum wage
b) Other mandatory benefits, like: daily and weekly rest
period, dayoff, and 13th month pay;
c) Freedom from employers interference in the disposal of
wages;
d) Coverage under SSS, PhilHealth and Pagibig laws;
e) Standard of treatment; etc.

BATAS KASAMBAHAY
{RA. 10361}
a)
b)
c)
d)

Rights and priviledge of Employer


To require submission of pre-employment documents by
the Kasambahay;
To recover deployment expenses;
To demand replacement;
To terminate employment.

BATAS KASAMBAHAY
{RA. 10361}
a)
b)
c)
d)
e)
f)

Unlawful Acts and Penalties


Employment of children below 15 years of age;
Withholding of wages of the Kasambahay
Interference in the disposal of the wages of the
kasambahay
Requiring deposits for loss or damage
Placing the Kasambahay under debt bondage
Charging another household for temporary performed
tasks

BATAS KASAMBAHAY
{RA. 10361}
a)
b)
c)
d)

Administrative penalties
Php 10,000-1st offense
Php 20,000-2nd offense
Php 30,000-3rd offense
Php 40,000-4th and succeding offense and for violations
committed against working children

Note: the penalties herein shall be without prejudice to the


filling of appropriate civil and/or criminal action by the
aggrieved party.

Thank you