1) Core Legal Framework

Domestic workers in the Philippines—commonly called kasambahay—are primarily protected by:

Republic Act No. 10361 (the Domestic Workers Act / Batas Kasambahay), and its Implementing Rules and Regulations (IRR) issued by the Department of Labor and Employment (DOLE).
Social protection laws and agency rules covering:
- SSS (Social Security System),
- PhilHealth,
- Pag-IBIG Fund (HDMF),
- and related benefit programs (maternity, sickness, disability, etc.).
Presidential Decree No. 851 (13th month pay) and relevant labor standards concepts, as applied to kasambahay through RA 10361 and its IRR.

RA 10361 establishes minimum standards for working and living conditions, pay, benefits, dignity, and access to remedies—recognizing that kasambahay work typically happens in private households where ordinary workplace safeguards are harder to enforce.

2) Who Is Covered as “Kasambahay”

A kasambahay is a person engaged in domestic work within an employer’s household. This generally includes, depending on actual duties and household setting:

General househelp
Yaya / nanny / caregiver for children
Cook
Laundry person
Gardener (household)
Family driver (when engaged for household service)
Any person regularly performing household chores/services for the family

Key point: Coverage depends on the nature of the work (household/domestic service) and the employment relationship, not the job title.

Who is commonly not treated as a kasambahay under the same rules:

Persons providing purely casual/occasional service without an employer-employee relationship (fact-specific).
Workers employed by a business (even if tasks are similar), because they may fall under ordinary labor rules for establishments.
Independent contractors running a service business (again, fact-specific).

When in doubt, agencies and courts look at indicators of employment: who controls work details, who pays wages, the regularity of service, and whether the worker is economically dependent on the employer.

3) Mandatory Written Employment Contract (Not Optional)

RA 10361 requires a written employment contract. It should be in a language/dialect understood by the kasambahay and must reflect the true arrangement (not just what an employer wants “on paper”).

Best practice and commonly required contents include:

Identity and address of employer and kasambahay
Job description and place(s) of work
Period of employment (fixed-term or indefinite), start date
Wage rate and frequency of payment
Rest days, daily rest periods, and working time arrangements
Benefits (SSS, PhilHealth, Pag-IBIG; 13th month pay; leave)
Lodging, food, and other conditions if live-in
Authorized deductions (if any) and rules for advances/loans
Grounds and procedure for termination/resignation
Any lawful household rules (privacy, visitors, use of devices) that are reasonable and non-abusive

Contract reality check: Even with a written contract, illegal or below-minimum terms are void and replaced by the legal minimum standards.

4) Mandatory Employment Standards and Benefits

This section focuses on what is “mandatory”—meaning an employer cannot lawfully refuse it (though parties can agree to better terms).

A. Minimum Wage (Floor, Not a Ceiling)

Kasambahay are entitled to at least the applicable minimum wage for domestic workers. The law set statutory floors, and wage boards/issuances may later adjust them.

Because minimum rates can be updated by DOLE/regional wage boards over time, treat any posted amount as subject to the latest official issuance for the location of work.

Practical rule: The relevant area is usually where the household is located (e.g., NCR vs. non-NCR).

B. Payment Rules: Frequency, Form, Proof

Minimum standards include:

Payment at least once a month (many households choose semi-monthly).
Wages should be paid in cash (or a method that still gives the worker full control and access; arrangements should not be used to delay or manipulate pay).
The kasambahay should receive a pay slip or written statement reflecting:
- wage earned,
- deductions (if any),
- contributions (if any),
- and net pay.

Prohibition on withholding wages: Employers cannot “hold” salary as a security deposit or as leverage to prevent the kasambahay from leaving.

C. Lawful Deductions (Limited)

Deductions are tightly regulated. Generally:

Mandatory contributions may be deducted only as allowed (see SSS/PhilHealth/Pag-IBIG rules below).
Other deductions must be lawful, reasonable, and properly documented.
Deductions that function as penalties or coercion are not allowed.
Deductions for losses/breakages are not automatically valid; they typically require proof of responsibility and must not become abusive “chargebacks.”

A common protective principle in kasambahay regulation is to prevent deductions that effectively push the worker below the minimum wage or create debt bondage.

D. Rest Periods and Humane Living Conditions (Especially for Live-in Workers)

Mandatory standards include:

Daily rest period (commonly framed as a continuous rest period, especially for live-in workers).
Weekly rest day: at least 24 consecutive hours of rest per week.
- If work is required on the rest day, there should be an agreed arrangement consistent with the law and fair compensation practices.
Humane sleeping arrangements and basic dignity:
- safe, decent, and private resting space (appropriate to the household setting),
- access to basic necessities (food, water, sanitation),
- freedom from degrading treatment.

E. Service Incentive Leave (Annual Leave)

Kasambahay are entitled to paid leave under the kasambahay framework (commonly recognized as a minimum number of paid days per year, subject to eligibility conditions such as length of service).

Contracts can provide more leave than the minimum. Any unused leave treatment (conversion to cash or carry-over) depends on the governing rules and the agreement—provided the minimum standard is respected.

F. 13th Month Pay

Kasambahay are entitled to 13th month pay, generally computed as:

1/12 of the total basic salary earned within the calendar year, for those who have worked for at least the minimum qualifying period under the rules (commonly at least one month of service).

Important practical points:

“Basic salary” typically excludes purely discretionary benefits unless treated as part of wage by practice/contract.
It is usually due on or before December 24, but household practice may vary as long as it complies with applicable rules.

G. Mandatory Social Protection: SSS, PhilHealth, Pag-IBIG

Coverage is mandatory. Employers must ensure the kasambahay is registered and that contributions are properly remitted.

SSS

Registration and regular remittance are required.
Contributions support benefits such as sickness, maternity, disability, retirement, and death/funeral benefits (subject to qualifying conditions).

PhilHealth

Enrollment and contributions are required so the kasambahay can access health coverage under PhilHealth rules.

Pag-IBIG Fund (HDMF)

Mandatory coverage applies, supporting savings and housing-related benefits, subject to qualifying rules.

Who pays what? A central kasambahay protection rule is that low-paid kasambahay should not be burdened by contributions beyond what the rules allow. In many implementations, employers shoulder full contributions below a stated wage threshold, and cost-sharing applies above it. Because thresholds and contribution schedules can change by agency issuance, always verify the current contribution table and the kasambahay-specific sharing rule with SSS/PhilHealth/Pag-IBIG.

Non-remittance risk: If an employer deducts the worker’s share (where lawful) but fails to remit, it can expose the employer to liabilities and penalties under agency rules.

5) Other Rights Often Overlooked (But Still Enforceable)

A. Right to Dignity and Freedom from Abuse

Kasambahay have the right to humane treatment and protection from:

physical violence,
verbal abuse and humiliation,
sexual harassment or assault,
threats, intimidation, or coercion.

Abuse is not just a labor issue—it may be criminal and may trigger protective remedies.

B. Right to Privacy and Communication

Rules and household policies must be reasonable. Employers should not:

confiscate passports/IDs and personal documents,
prevent the kasambahay from communicating with family (except reasonable rules on time and work needs),
arbitrarily search personal belongings without cause.

C. Right to Education and Training (Where Applicable)

Kasambahay are generally protected in their ability to pursue education or training consistent with household realities, especially for younger workers of schooling age, subject to lawful arrangements.

D. Prohibition on Recruitment/Placement Fees Charged to the Kasambahay

Where an agency is involved, placement-related costs are commonly regulated so that the kasambahay is not unlawfully charged fees that should be borne by the employer. Agencies must also comply with licensing and standards.

6) Special Rules for Working Minors and Young Workers

Domestic work involving minors is heavily regulated. Core principles include:

A minimum age requirement for employment.
Stricter limits for 15–17 year-olds (if allowed at all under specific conditions), including:
- prohibition from hazardous work,
- limits on working time,
- protection of schooling and development,
- and additional oversight requirements.

Violations can trigger both labor enforcement and criminal/child protection actions.

7) Termination, Resignation, and Final Pay

Kasambahay employment ends through:

completion of a fixed term (if valid),
mutual agreement,
resignation by the kasambahay,
termination by the employer for lawful cause.

A. Lawful Grounds (Just Causes)

Rules typically recognize lawful grounds such as:

serious misconduct or willful disobedience,
gross/habitual neglect,
fraud or breach of trust,
commission of a crime against the employer/household,
and other serious breaches of the contract.

Likewise, kasambahay may terminate employment for serious causes such as abuse, inhuman treatment, or serious contract violations.

B. Final Pay and Documents

Upon separation, the kasambahay should receive:

unpaid wages up to the last day worked,
proportionate 13th month pay (if applicable),
payment of accrued benefits required by law/contract,
and return of personal documents and belongings.

Many arrangements also provide a certificate of employment or equivalent proof of service, which is often important for future work.

C. Unjust Termination and Indemnities

RA 10361 contains protective concepts for unjust termination (termination without lawful cause), which may include required indemnities or payments depending on who terminated and under what circumstances. The exact computation and entitlement may depend on:

the reason for termination,
whether due process was observed,
and how the IRR and applicable case rulings interpret the situation.

Because outcomes can be fact-specific, documentation (contract, payslips, messages, witnesses) matters.

8) How to File a Complaint (Step-by-Step)

There are different “tracks” depending on whether the issue is (a) labor standards/money claims, (b) social protection non-remittance, or (c) abuse/criminal conduct. You can pursue more than one track if appropriate.

Step 1: Identify the Nature of the Complaint

A. Labor standards / money claims

unpaid or underpaid wages,
non-payment of 13th month,
denial of rest day/leave,
illegal deductions/withholding of wages,
lack of contract or payslips,
failure to enroll/remit mandated benefits (as an employment obligation).

B. Social protection-specific issues

employer failed to register or remit SSS/PhilHealth/Pag-IBIG,
employer deducted contributions but did not remit.

C. Abuse, harassment, or threats

physical harm,
sexual harassment/assault,
forced labor, confinement, trafficking indicators,
child labor violations.

Step 2: Preserve Evidence (Do This Early)

Helpful evidence includes:

written contract (or any written agreement),
payslips, handwritten payroll lists, receipts,
bank transfer records (if any),
screenshots of messages (instructions, threats, wage discussions),
photographs (e.g., injuries or unsafe conditions) where safe and lawful,
witness names and contact details,
SSS/PhilHealth/Pag-IBIG membership numbers and contribution records (if accessible),
a simple timeline: start date, wage agreements, unpaid periods, incidents.

Even if there is no written contract, you can still prove employment through consistent evidence (texts, neighbors’ testimony, household patterns, etc.).

Step 3: Choose the Correct Forum

Track A: DOLE (Labor Standards and Employment Complaints)

DOLE is the primary labor authority for kasambahay concerns. Common path:

Single Entry Approach (SEnA) – mandatory conciliation-mediation in many employment disputes
- You file a request for assistance.
- DOLE schedules conferences to settle the dispute quickly.
- Many unpaid wage/benefit issues resolve here through voluntary payment agreements.
If not settled, DOLE may:
- refer the case to the appropriate adjudicatory body (depending on the nature of the claim), and/or
- proceed with labor standards enforcement mechanisms available under law and DOLE rules.

What to include in your SEnA request / complaint:

Names and addresses (employer household location is important)
Start date of employment, job description
Wage rate agreed, how it was paid, and what is unpaid
Benefits not provided (13th month, leave, rest day issues, SSS/PhilHealth/Pag-IBIG registration/remittance)
Amount claimed (estimate if exact computation is hard)
Supporting documents

Venue: DOLE field/regional office with jurisdiction over the place of work, or DOLE’s official online filing channels where available.

Track B: Barangay (Katarungang Pambarangay) — When Applicable

Some disputes between individuals in the same locality may go through barangay conciliation. This can be relevant for:

certain money disputes,
interpersonal conflicts tied to the employment relationship.

However, because kasambahay disputes involve labor standards and specialized rights, many complainants go directly to DOLE/SEnA, and barangay processes may be less effective for enforcing statutory benefits.

Track C: SSS / PhilHealth / Pag-IBIG (Non-Registration or Non-Remittance)

If the problem is specifically:

not being registered, or
contributions were not remitted (especially if deductions were made),

you can file a complaint directly with:

SSS (for SSS contribution issues),
PhilHealth (for health coverage issues),
Pag-IBIG Fund (for HDMF contribution issues),

while also pursuing DOLE action if the non-remittance is part of broader employment violations.

What you typically need:

employer name and address,
kasambahay employment details,
proof of deductions (if any),
and any membership information.

Track D: Criminal / Protection Actions (Abuse, Trafficking, Child Labor)

If there is violence, coercion, sexual abuse, confinement, or trafficking indicators, prioritize safety and protection:

Report to law enforcement (emergency services where needed).
Seek assistance from barangay VAW desk (for gender-based violence concerns) and/or DSWD for protective services.
File criminal complaints through the appropriate authorities (police/prosecutor), depending on the act (physical injuries, threats, sexual harassment/assault, trafficking, child abuse, etc.).

This track can run alongside DOLE and agency complaints.

Step 4: What Happens After Filing (Typical Flow)

In DOLE/SEnA conciliation:

Both parties are called for conferences.
A settlement may include:
- lump-sum payment,
- installment plan with deadlines,
- commitment to register/remit benefits,
- issuance of payslips/contract compliance going forward.
If settlement fails, the case is endorsed to the appropriate mechanism for enforcement/adjudication, depending on the issue.

Common outcomes sought:

payment of wage differentials and arrears,
payment of 13th month pay and other mandated benefits,
refund of illegal deductions,
correction/registration and remittance of SSS/PhilHealth/Pag-IBIG contributions,
orders to comply with minimum standards (contract, payslips, rest days),
and in serious cases, referral for prosecution or protective action.

Step 5: Time Limits (Prescriptive Periods)

Employment-related claims are subject to prescriptive periods (deadlines) that vary by claim type:

Many money claims under labor standards principles are subject to a limited filing window (often discussed as a few years).
Some causes of action may have different periods depending on whether they are civil, administrative, or criminal.

Because missing deadlines can bar recovery, it is safest to document and file promptly once violations occur.

9) Practical Compliance Checklist (Mandatory Items)

For Employers (Minimum Compliance)

Written employment contract in a language understood by the kasambahay
Pay at least the applicable minimum wage (or higher if agreed)
Pay wages at least monthly; no withholding as “deposit”
Provide payslips or written pay statements
Weekly rest day (24 consecutive hours) and daily rest
Provide mandated leave (minimum standard) and humane living conditions
Pay 13th month pay
Register and remit SSS, PhilHealth, Pag-IBIG (observe correct cost-sharing rules)
No unlawful deductions, no confiscation of documents, no abuse or coercion

For Kasambahay (Rights Awareness)

Keep copies/photos of the contract and payslips
Record wage payments (dates and amounts)
Keep SSS/PhilHealth/Pag-IBIG numbers and contribution proofs if possible
Document rest day/leave arrangements and any violations
Know where the nearest DOLE office is for SEnA requests

10) Key Takeaways

Kasambahay are protected employees under a specialized law: RA 10361.
Mandatory benefits commonly include: minimum wage compliance, regular wage payment with proof, weekly rest day and daily rest, paid leave minimums under the kasambahay framework, 13th month pay, and SSS/PhilHealth/Pag-IBIG coverage and remittance.
Complaints are commonly filed through DOLE’s SEnA for labor issues, through SSS/PhilHealth/Pag-IBIG for contribution problems, and through law enforcement/protection offices for abuse, trafficking, or child labor concerns.