This article explains, in practical and legal terms, the rights of household service workers (“kasambahay”) in the Philippines—particularly on resignation, working time and rest, and the prohibition against restricting a worker’s liberty. It synthesizes the Domestic Workers Act (commonly called the Batas Kasambahay, Republic Act No. 10361) and related labor and criminal-law principles. It is general information, not a substitute for tailored legal advice.

1) Who is covered

A kasambahay is a person engaged in domestic work within an employer’s household. Typical roles include general househelp, cook, gardener, laundry person, nursemaid/yaya, or driver assigned primarily to household errands. Coverage is regardless of how the worker was hired (directly, through referral, or via a licensed agency). Not covered are those who only do sporadic or intermittent chores and workers providing services on an independent, business-to-customer basis (e.g., a cleaning service team that serves multiple clients).

Minimum age: Below 15 is prohibited. Ages 15–17 may work under special protections (no hazardous work, limited hours, guaranteed schooling, and parental/guardian consent).

2) Fundamental rights every kasambahay has

A written employment contract (in a language understood by both parties), stating duties, wage, rest day, leave, board & lodging arrangements (if any), and termination terms.
Payment of wages in cash, on time, with an itemized pay slip. No debt bondage.
Social benefits registration and contributions (SSS, PhilHealth, Pag-IBIG), and 13th-month pay.
Humane treatment and privacy: freedom from abuse, harassment, and degrading conditions; privacy in personal effects and communications.
Standard rest periods: at least 8 consecutive hours of rest within every 24 hours and one (1) rest day of at least 24 consecutive hours each week.
Service Incentive Leave: at least 5 days with pay after one year of service (unused leave generally not convertible to cash, but may be carried over by agreement).
Access to education and training, especially for 15–17-year-old workers.
Certificate of Employment upon separation, on request.

3) Resignation: how the kasambahay may end employment

3.1 Resignation with just cause (immediate)

A kasambahay may resign immediately if the employer commits serious breaches, such as:

Physical, sexual, or verbal abuse; inhuman or unsafe working conditions
Commission of a crime or offense against the worker or a family member
Nonpayment or repeated late payment of wages; unlawful deductions
Coercion to commit illegal acts
Other grave, analogous acts that render continued employment intolerable

What to do: Provide a short written notice invoking the specific cause; secure personal belongings and identification documents; request computation of final pay (wages due, pro-rated benefits, and any earned but unused paid leave). Immediate departure is legally defensible when the cause is real and substantial.

3.2 Resignation without just cause (no dispute)

If leaving for personal reasons (e.g., relocation, family matters, a new job) and there is no wrongdoing by the employer:

Give at least five (5) days’ written notice stating the intended last working day.
Help with orderly turnover (keys, tools, living quarters, ongoing tasks).
Request your final pay and Certificate of Employment.

Note on “damages” or “reimbursement”: In ordinary household employment, a kasambahay who resigns without just cause generally owes no penalty, but either party could claim actual, provable damages (e.g., for property loss) under civil law. Agreements that impose excessive penalties or liquidated damages are disfavored and can be struck down.

3.3 Final pay and documents

Final pay should cover: last wages up to separation date; proportionate 13th-month pay; any unused, earned paid leave (if the contract or practice treats it as payable); and any reimbursements due to the worker.
Turnover is not a condition to withhold lawful wages; disputes over property must be resolved separately.
Provide (or demand) a Certificate of Employment showing dates and nature of work.

4) Working hours, rest, and pay: what is “legal” at home

4.1 Rest within the day and weekly rest

Every 24-hour period must include at least 8 straight hours of sleep/rest.
The worker is entitled to one full weekly rest day (24 consecutive hours). The specific day should be mutually agreed, respecting the worker’s religious practices when possible.
Substitution or accumulation of rest days must be by agreement. Denying a weekly rest day without compensation and consent can justify a grievance or resignation for cause.

4.2 “Hours worked” in a household

General labor principles apply:

Time actually spent working is compensable.
On-call/standby becomes compensable if the worker is required to remain on the premises or so near that they cannot use the time freely (e.g., must immediately respond at any hour).
Waiting time controlled by the employer—where the worker cannot effectively use the time for personal purposes—counts as work.

Because kasambahay arrangements vary (live-in vs. live-out, scope of duties, family size), it is good practice to:

Define a daily work window (e.g., 6:00 a.m.–7:00 p.m.) with meal and rest breaks.
Log actual tasks that fall outside the window and agree on how these are treated (comp time or additional pay), consistent with law and the contract.

4.3 Overtime, night work, and special days

The Domestic Workers Act sets minimum rest standards. Whether premium pay rules for overtime, night shift differential, and holiday pay apply depends on the contract and applicable regulations. Best practice is to explicitly provide in the contract how these are handled (e.g., agreed premium rates, compensatory rest), while ensuring the worker’s 8-hour daily rest and weekly rest are preserved.

4.4 Wages and deductions

Wages must be paid in cash, at least once a month, together with an itemized pay slip.
No deductions except those authorized by law or freely consented to in writing by the worker, and never to defeat minimum wage and statutory benefits.
Board and lodging: If provided, the arrangement must be humane and safe. Any cost-sharing or deduction must be voluntary, reasonable, and written, and must not push take-home pay below legal minima.

5) Withholding of freedom is illegal

5.1 What counts as unlawful restriction

The following violate the Batas Kasambahay and may also be crimes under the Revised Penal Code and anti-trafficking and child-protection laws:

Confinement: locking the worker in the house/quarters; preventing them from leaving on rest days.
Seizure of personal documents: passports, IDs, ATM cards, phones, or personal effects.
Isolation and surveillance that deny reasonable private communication with family or authorities.
Threats, intimidation, or violence to force continued service or to collect debts.
Debt bondage: requiring unpaid work to “pay off” placement fees or loans.

These can amount to serious or slight illegal detention, grave coercion, qualified trafficking (especially if movement, coercion, or abuse of vulnerability is involved), and child abuse where minors are concerned.

5.2 Practical safeguards

The contract should confirm the worker’s freedom to leave the premises during weekly rest days and reasonable hours when off duty.
Keys/entry protocols for live-in workers should never be used to trap or confine them.
Employers must never hold the worker’s IDs, passport, ATM, or personal phone.
Reasonable house rules about phone use during active work are permissible, but blanket bans or confiscation are not.

6) Remedies and enforcement

Dialogue first, in writing. Many issues resolve when the worker politely, but clearly, invokes the contract and the law. Keep copies of messages and pay slips.
SEnA (Single-Entry Approach) at DOLE: a low-cost, informal process to mediate wage, benefits, or rest-day disputes.
Labor standards inspection/assistance: DOLE Field Offices can verify compliance with Batas Kasambahay requirements (contract, wage, benefits, leave).
Criminal complaints (if liberty is restricted, there is abuse, or if a minor is involved): file with the barangay, city/municipal prosecutor, or police (including Women and Children Protection Desks).
Protection services: Local Social Welfare and Development Offices can arrange temporary shelter, psychosocial support, and referrals.
Civil actions: Claims for unpaid wages/benefits and damages (e.g., for injuries or abuse) may be pursued in appropriate fora.

Tip: Keep duplicates of your contract, government numbers (SSS, PhilHealth, Pag-IBIG), and pay slips outside the employer’s premises (photo copies or digital scans).

7) Employer compliance checklist

Draft a clear written contract; translate or explain it in a language the worker understands.
Register the worker with SSS, PhilHealth, and Pag-IBIG; remit contributions timely.
Pay wages in cash on schedule with itemized pay slips; release 13th-month pay.
Respect 8-hour daily rest and weekly rest day; keep a simple work log for tasks outside agreed hours.
Do not keep the worker’s IDs, passport, ATM, or phone.
Provide humane board & lodging for live-in workers; ensure safe sleeping quarters and access to sanitary facilities.
Maintain a fair house rules document (phone use during work, visitors, food, curfew tied to safety—not confinement).
On separation, release final pay and Certificate of Employment promptly.

8) Model documents

8.1 Sample resignation letter (without just cause)

Date: ___________

Dear [Employer’s Name],

Please accept this letter as my notice of resignation as your household service worker, effective five (5) days from today, on [last working day, date]. I will complete my assigned tasks and assist in the turnover of duties.

Kindly prepare my final pay, including wages up to my last day, proportionate 13th-month pay, and any earned leave benefits, and issue my Certificate of Employment.

Thank you for the opportunity to work with your household.

Respectfully,
[Worker’s Full Name]
[Address / Contact]

8.2 Sample immediate resignation (with just cause)

Date: ___________

Dear [Employer’s Name],

I am terminating my employment effective immediately for just cause under the Domestic Workers Act due to [state the cause succinctly, e.g., nonpayment of wages for [period] / physical or verbal abuse on [date(s)] / unlawful confiscation of my identification documents]. 

Please release all wages and benefits due to me. I will retrieve my personal belongings today.

Respectfully,
[Worker’s Full Name]

8.3 A short addendum for the employment contract

Include clauses that:

Fix a daily work window, meal breaks, and 8-hour sleep.
Identify the weekly rest day and how substitutions or compensatory rest are agreed.
State how work beyond the window is handled (premium or compensatory rest) in compliance with law.
Affirm no withholding of IDs/phone and freedom of movement during rest periods.
Detail clear wage, contributions, 13th-month, and 5-day paid leave.
Provide a grievance mechanism (who to talk to; mediation option).
Confirm COE and final pay on separation.

9) Quick answers to frequent questions

Can the employer keep my passport or ATM? No. That’s unlawful; demand immediate return.
Can I go out on my rest day? Yes. You are free to leave the premises on your weekly rest day.
I sleep late because of chores—does that violate my rights? If your 8-hour continuous daily rest is routinely broken, that’s non-compliance. Raise it and ask for schedule adjustment.
What if I’m a live-in worker “on call” at night? If you must stay ready to respond and cannot use that time freely, portions of it may be hours worked. Put this in the contract and ensure at least 8 consecutive hours of sleep daily and a weekly rest day.
Do I get 13th-month pay? Yes. Household workers are entitled to 13th-month pay.
I’m 16 and my employer wants me to work past midnight. That is generally prohibited for minors and may trigger liability for the employer.

10) Bottom line

Resignation is always available: immediately for just cause, or with 5-day notice if for personal reasons.
Working time must respect a daily 8-hour continuous rest and a weekly 24-hour rest day, with fair treatment of any work beyond agreed hours.
Withholding freedom—through confinement or seizure of documents—is unlawful and can be criminal.
Clear contracts, humane schedules, and proper pay & benefits keep household employment lawful and dignified for all.