I. Overview: Why Registration Is Mandatory

In the Philippines, kasambahay (domestic workers) are legally recognized workers entitled to social protection. Employers are not merely encouraged but legally required to ensure their kasambahay are properly covered by:

SSS (Social Security System)
PhilHealth
Pag-IBIG Fund (HDMF)

This obligation is anchored primarily in Republic Act No. 10361 (Domestic Workers Act or “Batas Kasambahay”), supported by the charters/rules of SSS, PhilHealth, and Pag-IBIG, as well as labor standards enforcement mechanisms.

Registration and remittance are not “benefits” granted at employer discretion—they are part of minimum labor standards and social legislation intended to prevent exclusion of household workers from basic protection.

II. Who Is a “Kasambahay” Covered by the Law

A kasambahay generally includes any person engaged in domestic work within an employer’s household, such as:

General househelp
Yaya / nanny / caregiver for children
Cook
Gardener
Laundry person
Driver if primarily performing household-related duties (depending on work arrangement and how the role is treated in practice)

Coverage typically applies whether the kasambahay is live-in or live-out, full-time or part-time, as long as there is an employer-employee relationship (control over work, payment of wages, and engagement to perform domestic services).

III. Core Duty of the Employer: Registration and Remittance

A. Registration

Employers must ensure that their kasambahay is properly registered with:

SSS (member coverage)
PhilHealth
Pag-IBIG

Practically, this may involve:

Helping the kasambahay obtain or confirm membership numbers
Enrolling the kasambahay under the appropriate membership category
Registering the employer as an employer/remitting entity where required

Even if the kasambahay already has existing numbers (e.g., from prior employment), the employer still must ensure active coverage and correct remittance.

B. Monthly Remittance

Registration alone is not enough. The employer must also remit the required contributions on time based on the kasambahay’s monthly compensation and the applicable contribution tables/rules of each agency.

IV. Contribution Sharing: Who Pays What

The domestic worker law sets a protective rule: the employer shoulders contributions at least up to a baseline, while allowing statutory sharing depending on wage thresholds and agency rules.

A. General Principle Under the Kasambahay Framework

If the kasambahay’s wage is below a threshold set by law, the employer generally bears the contributions.
If the wage is at or above that threshold, cost-sharing may apply consistent with the agency’s contribution scheme—however, the employer remains responsible for remitting both employer and employee shares (the employee share may be deducted from wages only when lawful).

Key compliance point: Even where the employee has a lawful share, the employer must not “skip payment.” The employer remits the total required amount; deduction from wages (if allowed) must be transparent and properly documented.

B. Deduction Rules (When Allowed)

Where employee sharing is permitted:

Deductions must be lawful, correct in amount, and clearly reflected in payroll/pay slips or written acknowledgments.
Employers should avoid informal arrangements that obscure deductions, as this can be treated as underpayment or non-remittance.

V. Minimum Standards That Interlock With Contributions

Mandatory registration is part of a broader set of kasambahay rights. Understanding these helps prevent violations that often accompany non-registration.

A. Written Employment Contract

A written contract is strongly required under the kasambahay regime and typically should include:

Duties and scope of work
Work schedule / rest periods
Wage rate and payment period
Benefits and entitlements (including SSS/PhilHealth/Pag-IBIG coverage)
Termination grounds and procedures
Living arrangements (if live-in)

A contract provides evidence of the employment relationship and helps avoid disputes on wage level (which affects contribution computations).

B. Minimum Wage and Other Monetary Entitlements

Wage standards vary based on location and rules; however, regardless of wage level:

Contributions must be handled correctly under the kasambahay framework and agency rules.
Underpayment can lead to under-remittance and compounding liabilities.

C. 13th Month Pay and Leaves

Kasambahay are generally entitled to:

13th month pay
Service incentive leave (subject to conditions)
Daily rest periods and weekly rest day rules

These do not replace mandatory contributions; they exist alongside them.

VI. How the Benefits Work (Why Coverage Matters)

A. SSS

SSS coverage gives kasambahay access to benefits such as:

Sickness benefit
Maternity benefit (subject to qualifying conditions)
Disability benefits
Retirement pension
Death and funeral benefits
Loans (subject to eligibility)

Failure to remit can lead to gaps that affect benefit eligibility and can expose the employer to liability.

B. PhilHealth

PhilHealth membership supports access to health coverage benefits and reduces out-of-pocket costs for medical services. Coverage depends on membership status and contributions.

C. Pag-IBIG

Pag-IBIG provides:

Savings (membership contributions)
Eligibility for housing loans (subject to requirements)
Short-term loans (e.g., multi-purpose loans), when qualified

VII. Compliance Mechanics: Employer Responsibility Is Non-Delegable

Even if a kasambahay says they will “handle their own contributions,” the employer’s legal duty generally remains. Employers cannot avoid liability by informal waivers or agreements that defeat minimum labor standards.

Important implications:

A “waiver” signed by a kasambahay is typically ineffective if it reduces statutory protections.
“Cash in lieu of contributions” arrangements are risky and can be treated as non-compliance, especially if no actual remittances were made.

VIII. Records and Documentation: Best Evidence in Disputes

Employers should maintain records such as:

Employment contract
Proof of membership registration (numbers, forms)
Contribution payment receipts/acknowledgments
Payroll records showing wages and lawful deductions
Proof of 13th month pay and other benefits

Proper documentation is not only good practice—it becomes crucial if a complaint is filed before labor authorities or during mediation.

IX. Consequences of Non-Registration or Non-Remittance

Non-compliance can trigger administrative, civil, and potentially criminal exposure depending on the nature of the violation and the agency involved.

A. Labor Enforcement and Complaints

Kasambahay-related disputes may be brought for:

Non-payment/underpayment of wages
Non-remittance of mandated contributions
Illegal deductions
Contract violations and unlawful termination
Other labor standards violations

Authorities may order:

Payment of unpaid contributions
Payment of wage differentials and benefits due
Other appropriate relief

B. Agency-Specific Penalties

Each agency generally has enforcement mechanisms such as:

Assessment of arrears
Penalties and interest for late/non-payment
Employer account enforcement actions
Possible prosecution for willful non-remittance or misrepresentation in appropriate cases

Because contributions are statutory, arrears can accumulate quickly, especially when violations persist over time.

X. Common Scenarios and Legal Treatment

Scenario 1: “Part-time kasambahay (few days a week)”

If an employer-employee relationship exists, mandatory coverage can still attach. Contribution computation and membership categorization may depend on actual wages and agency rules, but the employer’s duty to ensure coverage remains.

Scenario 2: “Kasambahay already has SSS/PhilHealth/Pag-IBIG from past work”

Existing membership does not remove the employer obligation. The employer must still ensure the worker is properly reported/covered and contributions are remitted for the current employment.

Scenario 3: “Kasambahay asked not to be registered”

This does not generally excuse the employer. Minimum labor standards and social legislation protections cannot typically be waived to the worker’s disadvantage.

Scenario 4: “Employer paid cash equivalent instead”

Cash substitution is not the same as remittance. If remittances were not made, the employer may still be liable for unpaid contributions and penalties.

XI. Practical Compliance Steps (Legally Sound Approach)

Execute a written kasambahay contract stating wage rate, pay schedule, and statutory benefits.
Confirm the kasambahay’s membership numbers (SSS, PhilHealth, Pag-IBIG). If none, assist in obtaining them.
Register as employer/remitter as needed by each agency.
Compute contributions correctly based on actual monthly wage and applicable rules.
Remit on time and keep proof of payment.
Provide transparent payslips or written wage acknowledgments showing lawful deductions (if any).
Regularly reconcile wages paid vs contributions remitted to avoid inadvertent under-remittance.

XII. Interplay With Termination and Separation

When employment ends, compliance issues often surface. Employers should:

Ensure final pay is computed correctly (including any unpaid wages/benefits)
Keep contribution records available
Avoid offsetting or withholding wages to “cover” employer liabilities unless clearly lawful

Improper withholding can lead to separate wage claims.

XIII. Key Legal Takeaways

Registration and contribution remittance to SSS, PhilHealth, and Pag-IBIG for kasambahay is mandatory.
The obligation is part of minimum labor standards and is not defeated by informal agreements or waivers.
Employers should treat compliance as both a legal duty and a risk-management practice: proper contracts, correct computation, timely remittance, and good records are the strongest safeguards against disputes and penalties.