How to Report and Terminate a Kasambahay for Abuse or Smoking Violations Under the Batas Kasambahay (Philippines)

Scope & audience. This article is for household employers in the Philippines who need to (a) report a kasambahay (domestic worker) for abuse (e.g., hurting a child, elder, or another household member) or (b) discipline/terminate a kasambahay for smoking-related violations (e.g., breaking a “no-smoking” house rule). It synthesizes the Batas Kasambahay (Republic Act No. 10361) and its IRR, plus related Philippine rules and best practices. It’s practical guidance—not legal advice. When safety or criminal conduct is involved, contact authorities immediately.

1) Legal foundation (what the law covers)

Who is a “kasambahay”? Any person engaged in domestic work in a household on a live-in or live-out, full-time or part-time basis (yaya, cook, driver assigned to the household, laundry help, gardener, etc.).
Key sources: Republic Act No. 10361 (Batas Kasambahay) and its Implementing Rules and Regulations (IRR).
Core idea: Kasambahays have rights (wages, rest, decent work conditions, benefits), and employers have legitimate interests (safety, trust, privacy, order). The law allows termination for just causes (serious misconduct, willful disobedience, gross/habitual neglect, fraud/breach of trust, crimes against the employer/household, and violation of the employment contract/house rules).

Why this matters here:

Abuse by the kasambahay (e.g., hurting a child/elder, threatening family members) is both a crime and a just cause for immediate separation after proper documentation.
Smoking violations are typically handled as breach of lawful house rules/contract; repeated or serious breaches can justify termination.

2) Pre-incident essentials you should already have in place

These are your best defenses and your roadmap when problems arise.

Written employment contract (DOLE standard form or better).
- Include job scope, schedule, wage, benefits (SSS, PhilHealth, Pag-IBIG), 13th month, rest days, meals/board, and explicit house rules.
- State that no smoking (or “smoke only in designated area”) is a condition of employment; repeat offenses may lead to termination.
Written house rules (clear, reasonable, lawful).
- Examples: “No smoking anywhere on the premises,” “No visitors without permission,” “No leaving the minor unattended,” “Never use corporal punishment.”
- Explain in a language/dialect the kasambahay understands, give a copy, and (ideally) have them sign acknowledgment. Post a copy in the home.
Registration & contributions.
- Register the kasambahay with the barangay (as applicable) and ensure SSS, PhilHealth, Pag-IBIG enrollment and remittances are current.
Recordkeeping.
- Keep copies of IDs, signed contract/house rules, payslips, and a simple incident logbook.

3) If you suspect abuse by the kasambahay (urgent safety protocol)

Abuse = a safety and criminal concern (e.g., physical harm to a child/elder, threats, sexual misconduct, neglect endangering health/safety).

Ensure immediate safety.
- Remove the victim from harm and do not leave minors/elders alone with the kasambahay.
- If danger is ongoing or imminent, call the police (PNP) and request the Women and Children Protection Desk (WCPD); seek DSWD assistance for child/elder protection.
Preserve evidence properly.
- Take time-stamped photos of injuries/damage, secure medical reports, list witnesses, and write a dated narrative of what happened.
- Avoid illegal audio recording (Philippine Anti-Wiretapping Law). Video from home CCTV without audio is generally safer; do not tamper with it.
Report the offense.
- File a police blotter (WCPD for minors/women; standard desk otherwise).
- For minors/children, this may also implicate special child-protection laws—prompt reporting helps authorities act fast.
Separate from employment (administrative action).
- Because abuse is a crime and a just cause, you can move to immediate separation once you’ve secured safety and started reporting.
- Still do the paperwork (see Section 5) to document the cause and the steps taken.

4) If the issue is smoking violations

Context: Tobacco laws target public places; your home is private. However, your house rules and employment contract control—you may impose a total ban or designated-area-only rule for health, fire safety, or children’s welfare.

Best-practice discipline ladder (progressive discipline):

First violation → Verbal coaching
- Re-explain the rule (and why), record the date/time/place in your logbook.
Second violation → Written warning
- State the facts (date/time, where they smoked), the rule violated, prior coaching, and that repetition may lead to termination.
Third or serious violation → Notice to Explain (NTE)
- Start the due process steps (Section 5). If smoking created serious safety risk (near gas tank, around oxygen-dependent elder, inside a nursery, etc.), you may treat it as grave misconduct and skip straight to termination after NTE.

Tip: If your original contract didn’t mention a no-smoking condition, you can amend the house rules (reasonable, written, explained in a language understood) and ask the kasambahay to acknowledge in writing.

5) Due-process-style steps for termination (paper trail that protects you)

While the Batas Kasambahay is more flexible than the Labor Code’s “two-notice rule,” following a simple, fair process is strongly recommended—it reduces disputes and shows good faith:

Notice to Explain (NTE).
- A short letter that:
  - States the acts complained of (who/what/when/where).
  - Cites the rule/contract clause or just cause (e.g., abuse = crime/misconduct; smoking = breach of house rules/endangering safety).
  - Gives reasonable time to respond (e.g., 24–48 hours) in writing or in a short meeting.
  - Advises that discipline up to termination may result.
Opportunity to be heard.
- Hold a brief, calm discussion (with a neutral adult/witness present) or accept a written explanation. Take notes.
Notice of Decision (NOD).
- Summarize the findings, rule violated, and the penalty (termination effective [date/time]).
- For abuse/criminal acts, you may set immediate effectivity after safety/reporting steps.
Clearance & final pay (same or next day if practicable).
- Pay all wages due up to last day, pro-rated 13th month, and any benefits due under law/contract.
- No illegal deductions. Deductions for damage/loss require clear fault, reasonableness, and (ideally) written admission or a judgment—when in doubt, don’t deduct; pursue civil/criminal remedies instead.
- Issue a Certificate of Employment (COE) upon request (dates and nature of work; reason for separation may be kept factual/neutral).
Turnover logistics.
- Retrieve keys/IDs/access cards, settle board/lodging issues, and allow the kasambahay to collect personal effects. If tensions are high, ask a barangay tanod or relative to be present.
Update records.
- Record the separation date; complete SSS/PhilHealth/Pag-IBIG updates and last remittances.
- If your barangay keeps a kasambahay registry, inform them of the separation.

6) Grounds you can safely rely on (plain-English checklist)

Abuse / criminal act against a household member → Just cause.
Serious misconduct or willful disobedience (e.g., defying “no-smoking” rule after warnings; smoking in hazardous areas).
Gross or habitual neglect of duties (e.g., leaving a toddler unattended).
Fraud or willful breach of trust (e.g., theft).
Violation of the employment contract or lawful house rules (e.g., repeated smoking breaches).

When is prior notice needed? For minor violations, follow the NTE → hearing → NOD sequence. For grave violations (abuse/crime/endangerment), you may make separation immediate after securing safety and starting a report—but still serve written NOD and settle pay.

7) Final pay & numbers (quick guide)

Wages earned up to the last day (including any night differential/rest-day premium actually worked, if applicable).
13th month pay pro-rated (total basic pay earned in the calendar year ÷ 12).
Leave benefits. Kasambahays are entitled to service incentive leave under RA 10361/IRR (check your contract/DOLE advice on commutation). If your policy converts unused leave to cash, pay it out.
Benefits remittances (SSS, PhilHealth, Pag-IBIG) through the last month of work.
No deposits/withholding. The law prohibits requiring deposits or unlawfully holding wages/ATMs/IDs.

If an employer ends employment without just cause, the kasambahay may be entitled under RA 10361/IRR to compensation (often expressed as a number of days’ pay) in addition to earned wages/benefits. When in doubt, consult DOLE for the current rule and computation.

8) Sample templates you can adapt (fill in brackets)

A) Notice to Explain (NTE)

[Date]

[Kasambahay Name]
[Address/Room]

Subject: NOTICE TO EXPLAIN – [Abuse / Smoking Violation / Misconduct]

Dear [Name],

This refers to the incident(s) on [date(s), time(s), place(s)] where you allegedly [state facts plainly; e.g., “smoked in the kitchen near the LPG range” / “hit/physically hurt [child’s name/initials]”].

These acts appear to violate:
• Our employment contract, Clause [x], and/or
• House Rule [no.], and/or
• Just cause under the Batas Kasambahay (serious misconduct / violation of lawful rules / commission of an offense).

Please submit a written explanation by [time/date, e.g., within 24 hours of receipt] and/or meet with us at [time/date/place]. You may bring a person of your choice.

Failure to respond may lead to a decision based on available records. Penalties may include termination.

Sincerely,
[Employer Name]

B) Notice of Decision (NOD) – Termination

[Date]

[Kasambahay Name]
[Address/Room]

Subject: NOTICE OF DECISION – TERMINATION OF EMPLOYMENT

Dear [Name],

After considering your explanation (or lack thereof) and the evidence on record regarding the incident(s) on [date(s)], we find that you [state factual findings]. This constitutes [serious misconduct / violation of house rules / commission of an offense] under the Batas Kasambahay and our contract/house rules.

Your employment is TERMINATED effective [date/time]. Please proceed to settle clearance today. We will release your final pay (wages through [last day], pro-rated 13th month, and any other due benefits) upon clearance. You may request a Certificate of Employment.

Sincerely,
[Employer Name]

C) House Rule – Smoke-Free Home (sample wording)

1) This is a smoke-free household. Smoking, vaping, or lighting any tobacco/nicotine device is prohibited anywhere on the premises (house, garage, yard, service quarters), except [designated outdoor area if any].
2) First offense: coaching; second: written warning; third: Notice to Explain and possible termination. Any smoking near fire hazards (LPG, oxygen, nursery) is treated as serious misconduct.
3) This rule forms part of the employment contract.
(Received and understood by:) __________________ Date: ______

9) Barangay & conciliation, DOLE, and the courts—where each fits

Barangay (Katarungang Pambarangay): For non-criminal disputes (e.g., disagreements over pay, documents, property), the barangay can mediate.
Police / WCPD and DSWD: For criminal acts or cases involving children/elders—file a blotter/complaint and seek protection/assessment.
DOLE: For questions on kasambahay rights, wage/benefit compliance, and to request assistance/clarification.
Courts/Prosecutor: For criminal prosecution (abuse, theft, etc.) or civil claims for damages/restitution.

10) Practical risk-management tips (do’s & don’ts)

Do:

Keep everything in writing (house rules, warnings, NTE/NOD, receipt of final pay).
Use neutral, factual language in documents.
Have a third person present during sensitive meetings/turnover.
Secure the household (change codes/locks if needed) after separation.

Don’t:

Don’t resort to self-help violence or public shaming.
Don’t illegally record audio; and don’t post CCTV clips online.
Don’t withhold pay/IDs/personal items.
Don’t sign documents you don’t understand; when unsure, ask DOLE or a lawyer.

11) Quick checklists

A) Abuse case (immediate)

Ensure victim’s safety and medical care
Call PNP (WCPD) / inform DSWD as appropriate
Preserve evidence (no illegal audio)
File blotter/complaint
Serve NOD (termination) once safe; document basis
Release final pay; turnover; update benefits

B) Smoking violations (progressive)

Confirm rule exists in contract/house rules and was explained
1st: coaching → logbook entry
2nd: written warning
3rd/serious: NTE → hearing → NOD (termination if warranted)
Final pay & turnover; update records

12) Frequently asked questions

Q1: Must I follow the exact “two-notice” rule (like in the Labor Code)? Not strictly required in the same way for kasambahays, but doing an NTE → hearing → NOD is the safest, fairest path—and strongly recommended.

Q2: Can I terminate immediately for abuse? Yes—safety first. Abuse/criminal conduct is a just cause. Secure safety, report promptly, and issue written termination as soon as practicable.

Q3: Is one smoking incident enough to fire someone? It depends on severity and your written rules. Serious risk (e.g., smoking near LPG or a NICU-like setup for an infant) can be grave misconduct; otherwise use progressive discipline and document repeated non-compliance.

Q4: Do I owe separation pay? Batas Kasambahay does not generally require separation pay for just-cause termination. If the employer ends employment without just cause, the law provides for monetary consequences (often expressed as a fixed number of days’ pay) on top of earned wages—verify the current rule with DOLE.

Q5: Can I deduct for damage (e.g., burnt mattress from smoking)? Only if the damage is clearly the kasambahay’s fault and the deduction is lawful, reasonable, and documented. When in doubt, don’t deduct—pursue claims separately.

13) One-page action plan (keep this handy)

Emergency? Secure safety → call PNP/WCPD/DSWD (abuse/child/elder).
Document (photos, medical notes, witness statements, incident log).
Paperwork: NTE → hearing → NOD (immediate for grave cases).
Settle: final pay, 13th month (pro-rated), COE, turnover.
Update: SSS/PhilHealth/Pag-IBIG; barangay registry if applicable.
File/report crimes; consider barangay conciliation for non-criminal issues.
Review & improve your contract/house rules.

Final note

Every case is fact-specific. When in doubt—especially where criminal liability, large deductions, or sensitive evidence are involved—consult DOLE or a lawyer.