Benefits for Non-Live-In Household Domestic Workers (“Stay-Out Kasambahays”) in the Philippines
A practitioner-oriented legal overview under Republic Act No. 10361 (the “Batas Kasambahay”) and related issuances
1. Governing Sources of Law
| Hierarchy | Principal Texts | Key Points for Non-Live-In Workers |
|---|---|---|
| Constitution | 1987 Const., Art. XIII “Labor” | State policy to “protect labor” and ensure humane working conditions. |
| Statute | RA 10361 (signed 18 Jan 2013; effectivity 04 Jun 2013) | Establishes a bill of rights for all household domestic workers (live-in or live-out). |
| Implementing Rules | DOLE Department Order (DO) No. 7-2014 | Flesh out procedures on wage setting, contracts, SSS/PhilHealth/Pag-IBIG enrollment, etc. |
| Special Laws | PD 851 (13th-Month Pay), RA 7655 (Service Incentive Leave), RA 8282 (SSS), RA 11210 (Expanded Maternity Leave)*, RA 7875 (PhilHealth), RA 9679 (Pag-IBIG) | Apply to kasambahays unless expressly excluded. |
| Regional Wage Orders | Issued by Regional Tripartite Wages & Productivity Boards (RTWPBs) | Fix minimum daily/monthly pay. There is no distinction in the wage floor for live-in vs. live-out; all kasambahays within a region share the same rate. |
| Local Ordinances / Barangay Regulations | e.g., Manila City Ord. 8243 on kasambahay IDs | May impose registration or ID rules but cannot diminish statutory benefits. |
* SSS maternity benefits cover female kasambahays who satisfy contribution conditions; live-out status is irrelevant.
2. Who Is the “Non-Live-In” Kasambahay?
RA 10361, § 4(a) defines a domestic worker as “any person engaged in domestic work within an employment relationship”.
A non-live-in (stay-out) kasambahay:
- Performs domestic chores (cleaning, cooking, laundry, gardening, driving for the household, child or elder care, etc.) but does not reside in the employer’s premises; and
- Physically leaves the household at the end of the agreed working day and provides for his/her own board, lodging, and clothing.
All benefits under the Act attach regardless of live-in or live-out status, except those intrinsically tied to residence (e.g., provision of sleeping quarters, free meals).
3. Mandatory Employment Contract
Before deployment, the parties must execute a written Kasambahay Employment Contract in vernacular or a language understood by both. Salient clauses:
- Duties & work schedule (specific hours for stay-out arrangement)
- Wage rate & payment schedule (cash; at least twice a month)
- Rest days (24-hour weekly rest, preferably Sunday)
- Separation terms & probationary period (max 6 months)
- SSS, PhilHealth, Pag-IBIG enrollment obligations
Copy filed with the barangay and the RTWPB (for wage monitoring).
4. Wage-Related Benefits
| Benefit | Statutory Basis | Notes for Non-Live-In Workers |
|---|---|---|
| Minimum Monthly Wage | RA 10361 § 24; Regional Wage Orders | Example starting floor (2013): ₱2,500 (NCR). Rates have since increased via successive wage orders; employer must track current RTWPB issuance. |
| Mode of Payment | RA 10361 § 26 | Cash or through bank transfer; in the latter, employer shoulders fees. No deductions for food or lodging may be made because stay-out workers supply their own. |
| Payslip & Record Book | DO 7-2014 Rule VI | Employer must issue a payslip every pay day and keep a payroll log for 3 years. |
| 13th-Month Pay | PD 851 (amended by RA 10361 § 32) | Full month’s basic pay / 12, regardless of nature of residence; payable not later than 24 December. |
| Overtime Premium | Art. 87, Labor Code (suppletory) | Work beyond 8 hours/day merits +25 % pay; night-shift differential (+10 %) if between 10 p.m.–6 a.m. |
| Holiday Pay | RA 10361 § 29 | Regular holiday worked: 200 % daily rate; unworked: 100 % (live-out still entitled). |
| Service Incentive Leave | RA 10361 § 20 | 5 paid leave days after 1 continuous year; convertible to cash if unused. |
5. Hours of Work & Rest
- Normal Hours – max 8 hours/day (RA 10361 § 18).
- Daily Rest – At least 8 consecutive hours between shifts. For stay-out, this aligns with going home.
- Weekly Rest – 24 consecutive hours; if the kasambahay consents to work, premium of at least +50 %.
- Flexitime – Parties may agree on broken shifts to accommodate school runs, etc., provided total daily work ≤ 8 hours unless overtime is paid.
6. Social Protection & Statutory Contributions
| Program | Contribution Split (2025 rates) | Live-Out Nuance |
|---|---|---|
| SSS | Employer: 8.5 % -- 9 % Employee: 4 % -- 4.5 % |
If wage < ₱5,000/mo, the employer pays both shares (§ 30). |
| PhilHealth | 50 % – 50 % of 4 % premium (ceiling ₱80,000) | Same rule on ₱5,000 threshold. |
| Pag-IBIG Fund | Employer: 2 %; Employee: 1–2 % | Mandatory since 2019. |
| Employees’ Compensation | Employer-only, bundled in SSS collection | Covers work-related disability or death. |
Enrollment must be completed within 30 days from start of service. The employer advances the full monthly premium then recovers the worker share through lawful deductions spread over the month.
7. Leave-Related & Special Benefits
| Benefit | Eligibility | Remarks for Non-Live-In |
|---|---|---|
| Maternity (RA 11210) | Female member; at least 3 months SSS contributions in 12-month period before semester of delivery | 105 days with pay (additional 15 for single parent). The employer advances the benefit then reimburses from SSS. |
| Paternity (RA 8187) | Married male kasambahay | 7 days with pay for first 4 deliveries of spouse. |
| Solo Parent Leave (RA 11861) | Solo-parent ID + 6 months service | 7-15 days/year based on income level. |
| Leave for Violence Against Women (VAWC) (RA 9262) | Female kasambahay victim | 10 days with pay. |
| Service Incentive Leave | 1 year continuous service | Already discussed above. |
Small household employers rarely encounter the last three leaves; nonetheless they are mandatory because kasambahays are “employees” in contemplation of these laws.
8. Health, Safety & Humane Treatment
Even though stay-out workers do not sleep on-site, employers must ensure:
- Freedom from verbal or physical abuse (RA 10361 § 5).
- No hazardous work beyond ordinary household tasks.
- First-aid kit and safe tools; free health check-ups and vaccines required by DOH (e.g., tetanus, COVID-19, flu where prescribed).
- Right to privacy & communication – may use personal phone during reasonable breaks.
9. Security of Tenure, Termination & Separation Pay
| Scenario | Notice | Monetary Consequences |
|---|---|---|
| Without just cause by employer | 5 days written notice | Separation pay: Monte Carlo formula – the greater of (a) 15-day wage or (b) wages due for the remainder of the contract (RA 10361 § 34). |
| Just causes under § 35 (misconduct, fraud, etc.) | None required; instantaneous dismissal | Unpaid wages + pro-rated 13th-month pay only. |
| Resignation without just cause | 5 days notice | Forfeiture of 15-day wage equivalent. |
| Resignation with just cause (§ 36) | None | Employer must pay unpaid wages + proportionate 13th-month within 24 hours. |
Return of any cash advances may be set-off against final pay only if evidenced by a written IOU.
10. Record-Keeping, Registration & Inspection
- Barangay Registry – Household employers must register every kasambahay (live-out included) with barangay officials.
- Kasambahay ID/Certificate – Issued free by the barangay; used for SSS/PhilHealth/Pag-IBIG enrollment.
- Labor Inspectorate – DOLE may inspect private residences with employer consent or judicial warrant. Non-cooperation is penalized up to ₱40,000 fine.
11. Tax Treatment
- Income Tax – Compensation ≤ ₱250,000/year is exempt under the TRAIN Law (amending NIRC). Most kasambahays fall below this bracket; employer w/holding is usually unnecessary.
- VAT/Input Taxes – Household employers are non-VAT entities; no VAT credit on wages.
12. Comparison with Live-In Kasambahays
| Aspect | Non-Live-In (“Stay-Out”) | Live-In |
|---|---|---|
| Board & lodging | Self-provided; no wage deductions allowed | Employer must supply “humane sleeping quarters” + 3 nutritious meals/day. |
| Daily rest | Outside employer premises | Inside but uninterrupted. |
| Privacy issues | Minimal—worker goes home | Employer must respect personal effects, letters, etc. |
| Curfew / Mobility | Generally free, subject to agreed schedule | May be subject to reasonable house rules. |
Benefits such as minimum wage, 13th-month pay, SSS/PhilHealth/Pag-IBIG, leaves, overtime, holiday pay are identical.
13. Practical Compliance Tips for Household Employers
- Use DOLE’s standard contract template (downloadable) and keep a signed copy in a clear folder.
- Enroll online—all three social agencies now accept virtual onboarding; print confirmation pages for your records.
- Create a simple payslip in Excel or on DOLE’s mobile app; indicate gross wage, employee contribution share, net pay, and running leave credits.
- Calendar weekly rest: if Sunday is inconvenient, agree in writing on another day.
- Update wage when RTWPB announces new order (usually effective 15 days after publication).
- If work occasionally spills past 8 hours (holiday preparations, parties), compute overtime promptly to avoid disputes.
- Insure against accidents via SSS EC; premium is negligible but benefit (₱200/day sickness, disability pension) is critical.
- Document termination: issue a Notice of Termination and secure employee signature acknowledging receipt of final pay.
14. Enforcement & Remedies for the Kasambahay
- DOLE Single-Entry Approach (SEnA) – mandatory 30-day conciliation before formal case.
- Labor Arbiter Jurisdiction (NLRC) – monetary claims > ₱5,000 or with reinstatement prayer.
- Criminal Liability – Non-payment of wages or social contributions may amount to Estafa or Violation of RA 10361 (fine up to ₱40,000).
- Barangay Katarungang Pambarangay – Optional, but wage disputes are generally labor-exclusive.
15. Conclusion
Non-live-in household domestic workers enjoy the full suite of wage, social-security, leave, and protective benefits crafted by the Batas Kasambahay. Their “stay-out” status merely affects logistics—where they sleep and whether the employer must furnish meals—but does not dilute any statutory entitlement. Household employers should therefore treat a stay-out kasambahay’s payroll and social-security obligations exactly as they would an in-house worker, minus deductions for board and lodging.
Compliance mantra: “Same wages, full benefits, fair hours—whether they sleep in your house or in their own.”
(This article summarizes law and administrative issuances current to 1 May 2025. Always verify the latest regional wage orders or DOLE circulars before implementation.)