A kasambahay salary claim in the Philippines usually starts with a simple but stressful question: “Was the house helper actually paid what the law requires?” The answer depends not only on what the employer and kasambahay remember, but also on contracts, payslips, wage orders, payment proof, deductions, rest-day agreements, and DOLE procedure. This guide explains how kasambahay salary claims work, what records employers are required to keep, what legal rights a domestic worker has, and how both sides can prepare for a fair computation.

What is a kasambahay salary claim?

A kasambahay is a domestic worker engaged in household work within an employment relationship. RA 10361, known as the Domestic Workers Act or Batas Kasambahay, covers general househelp, yayas, cooks, gardeners, laundry persons, and similar household workers who perform domestic work regularly and occupationally. It does not cover people who perform household work only occasionally or sporadically. (Supreme Court E-Library)

A salary claim may involve:

unpaid monthly wages;
payment below the applicable regional kasambahay minimum wage;
unpaid 13th month pay;
unlawful deductions for loans, damage, advances, food, lodging, or agency costs;
withheld final pay;
unpaid equivalent pay for a waived weekly rest day;
unpaid salary after termination;
indemnity for unjust dismissal;
unpaid statutory benefits or contribution issues involving SSS, PhilHealth, and Pag-IBIG.

A salary claim is not always just “sweldo na hindi binigay.” In many real cases, the dispute is about proof: Was the payment made? What period did it cover? Were deductions authorized in writing? Was the worker paid the correct regional rate for the correct months?

Who is covered by the Batas Kasambahay?

RA 10361 applies to domestic workers employed and working within the Philippines. The law defines domestic work as work performed in or for a household, and defines a kasambahay as a person engaged in domestic work within an employment relationship, including general househelp, yaya, cook, gardener, or laundry person. (Supreme Court E-Library)

Common covered workers include:

Worker	Usually covered as kasambahay?	Practical note
Yaya or nanny	Yes	Even if treated “like family,” the law still requires wages, payslips, rest periods, and benefits.
Stay-in house helper	Yes	Free meals and lodging do not replace the required cash wage.
Stay-out house helper	Yes	Live-out arrangement does not remove kasambahay rights.
Cook for the household	Yes	Covered if household work is regular and occupational.
Gardener or laundry person	Yes	Covered if engaged for household work, not as an independent occasional service provider.
Family driver	Usually no under RA 10361	The Supreme Court in Atienza v. Saluta, G.R. No. 233413, held that family drivers are not covered by the Kasambahay Law and are governed by relevant Civil Code provisions instead. (Supreme Court E-Library)
Store helper, tindera, office aide, restaurant helper	Usually no	If assigned to a business or commercial activity, ordinary labor standards and applicable minimum wage rules may apply instead.

The label used by the household is not controlling. A person called “helper” may actually be a tindera if she works in the family sari-sari store. A “driver” may be a company driver if controlled and paid by a business. The facts matter: who hired the person, who controlled the work, where the work was performed, and what the actual duties were.

Legal basis for kasambahay salary rights

The main law is Republic Act No. 10361 of 2013, the Domestic Workers Act. It replaced the old Labor Code provisions on househelpers and created a separate rights framework for kasambahays. (Supreme Court E-Library)

Minimum wage is regional and changes over time

RA 10361 originally set baseline monthly minimum wages, but it also directed the Regional Tripartite and Productivity Wage Boards to periodically review and adjust kasambahay minimum wage rates. This is why the correct rate depends on the region, province or city, and exact period of employment. (Supreme Court E-Library)

As of June 2026, examples of current or recently updated kasambahay wage rates include:

Area	Current kasambahay minimum wage example	Effective date / source
National Capital Region	₱7,800 per month	Effective February 7, 2026 under Wage Order No. NCR-DW-06. (Wages and Productivity Commission)
CALABARZON	₱6,750 per month	Effective March 7, 2025 under Wage Order No. RB-IVA-DW-05. (Wages and Productivity Commission)
Davao Region	₱6,500 per month	Effective March 13, 2026 after the regional wage order was affirmed by NWPC. (Wages and Productivity Commission)
Zamboanga Peninsula	₱6,000 for chartered cities and first-class municipalities; ₱5,500 for other municipalities in Sulu Province	Effective May 20, 2026 under Wage Order No. RIX-DW-06. (Wages and Productivity Commission)

For an actual claim, do not use only today’s rate. If the kasambahay worked from 2022 to 2026, the computation should be broken down by the wage orders in effect during each period.

Wages must be paid directly, on time, and at least monthly

RA 10361 requires wages to be paid on time, directly to the domestic worker, in cash, and at least once a month. The employer cannot use promissory notes, vouchers, coupons, tokens, tickets, chits, or similar substitutes for the required cash wage. Deductions are not allowed unless mandated by law or allowed by the kasambahay through written consent. (Supreme Court E-Library)

In practice, bank transfer or e-wallet screenshots may help prove that money moved, but they should still be matched with a payslip or written acknowledgment showing:

the pay period covered;
gross amount due;
actual amount paid;
deductions, if any;
reason for deductions;
date of payment;
signature or acknowledgment of the kasambahay.

Food, lodging, and medical assistance are not salary substitutes

A stay-in kasambahay is entitled to basic necessities, including at least three adequate meals a day and humane sleeping arrangements that ensure safety. The employer must also provide appropriate rest and assistance in case of illness or injury sustained during service, without loss of benefits. These are duties of the employer; they are not a replacement for the legal cash wage. (Supreme Court E-Library)

A common mistake is saying, “Libre naman pagkain at tirahan, kaya mababa ang sweldo.” That is not how the law works. Board and lodging are part of the employer’s obligations, not an automatic deduction from salary.

Payslips are required and must be kept for three years

One of the most important employer record rules is in Section 26 of RA 10361: the employer must provide the kasambahay a copy of the payslip every payday, showing the amount paid in cash and all deductions made, if any. The employer must keep copies of the payslips for three years. (Supreme Court E-Library)

This three-year record rule is practical because ordinary money claims arising from employer-employee relations are generally subject to a three-year prescriptive period under Article 306 of the Labor Code, counted from the time the cause of action accrued. (Supreme Court E-Library)

Employer records that matter in a salary claim

In a kasambahay salary dispute, the following records often decide the case:

Record	Why it matters
Written employment contract	Shows agreed duties, wage, rest day, deductions, loan terms, and period of employment.
Payslips	Required by law; shows actual payment and deductions.
Signed payment acknowledgments	Helpful when payment was made in cash.
Bank, remittance, or e-wallet proof	Supports payment, but should identify the pay period.
Written deduction authorization	Important for loans, advances, or other deductions.
Loan agreement	Helps distinguish a lawful loan deduction from debt bondage or forced deduction.
Rest-day agreement	Shows schedule of weekly rest day and any waiver in exchange for equivalent pay.
SSS, PhilHealth, and Pag-IBIG records	Supports compliance with social benefit obligations.
Barangay registration record	RA 10361 requires employers to register domestic workers in the barangay registry where the employer resides. (Supreme Court E-Library)
Termination notice, resignation message, or final pay computation	Helps determine whether final wages or 15-day indemnity may be due.
Certificate of employment	Upon severance, the employer must issue this within five days from request. (Supreme Court E-Library)

Employers should avoid relying on memory alone. A handwritten notebook can help, but it is stronger if every entry is signed or acknowledged by the kasambahay and matches the payslip.

What happens if the employer has no payslips or payroll records?

The absence of records does not automatically mean the kasambahay wins every peso claimed, but it creates a serious problem for the employer.

The Supreme Court has repeatedly held in labor cases that, for ordinary monetary claims such as salary differentials and 13th month pay, the employer has the burden to prove payment because payrolls, personnel files, remittances, and similar records are usually in the employer’s custody and control. In Asentista v. Jupp & Company, Inc., the Court explained that once the employee sets out the claim with particularity, the employer must prove payment through employment records. (Supreme Court E-Library)

In Minsola v. New City Builders, Inc., the Court also explained an important distinction: the employer generally bears the burden to prove payment of normal wage and benefit claims, but the worker must first prove entitlement to claims such as overtime, holiday work, or rest-day work because those are not always incurred in the normal course of employment. (Supreme Court E-Library)

Applied to kasambahay claims:

If the issue is regular monthly salary, the employer should produce payslips, signed receipts, or transfer records.
If the issue is 13th month pay, the employer should show the computation and proof of payment.
If the issue is an unlawful deduction, the employer should show written consent or a legal basis.
If the issue is extra payment for a waived rest day, the kasambahay should identify the dates or pattern, while the employer should show the written rest-day agreement and payment records.
If the issue is underpayment, both sides should compare actual pay against the applicable regional wage order for each period.

The practical lesson is simple: no payslip, no clear proof. For employers, poor records can turn a defensible position into a weak case. For kasambahays, a clear timeline and saved messages can make a claim easier to understand and compute.

Common salary claim scenarios

“My employer says I was paid, but I never received a payslip.”

The law requires payslips. A kasambahay can still prove non-payment through messages, witness statements, bank records, and a written computation. The employer, however, should be ready to prove actual payment with records showing the period, amount, and acknowledgment.

“The employer deducted broken items from my salary.”

RA 10361 prohibits deposits for loss or damage. Deductions from wages generally require a lawful basis or written consent. Forced, unexplained, or automatic deductions for broken appliances, plates, phones, furniture, or household items are common red flags. (Supreme Court E-Library)

“The kasambahay left suddenly. Can the employer withhold salary?”

RA 10361 says it is unlawful for an employer to withhold wages. However, if the domestic worker leaves without justifiable reason, unpaid salary for a period not exceeding 15 days may be forfeited. This rule should be applied carefully, with a clear final pay computation and supporting facts. (Supreme Court E-Library)

“The kasambahay was dismissed without valid reason.”

If the kasambahay is unjustly dismissed before the end of a fixed contract, the law provides payment of compensation already earned plus the equivalent of 15 days’ work as indemnity. If the contract has no definite term, either side may generally end the relationship by giving five days’ notice before the intended termination. (Supreme Court E-Library)

“The employer is a foreigner or lives abroad.”

If the household is in the Philippines and the kasambahay worked in the Philippines, RA 10361 still governs the domestic employment relationship. A foreign employer who is abroad may need an authorized representative for conferences, settlements, or document signing. If a Special Power of Attorney or affidavit is executed abroad for use in the Philippines, authentication or apostille requirements may apply depending on where the document was executed and where it will be used. The DFA’s Apostille information page lists Special Powers of Attorney and affidavits among documents commonly processed for authentication-related purposes. (Apostille Services)

How to compute a kasambahay salary claim

A useful computation starts with a timeline.

Identify the employment period. Write the start date and end date. If still employed, write “ongoing.”
Identify the workplace location. The applicable wage order depends on the region and sometimes the city, municipality, or province.
List the legal minimum wage for each period. If a wage increase took effect during employment, split the computation. For example, an NCR kasambahay claim covering January to March 2026 should separate the period before and after February 7, 2026, when the NCR rate became ₱7,800.
List the actual amount paid. Use payslips, signed receipts, bank transfers, GCash records, remittance slips, or written acknowledgments.
Compute salary differential. Salary differential means: legal wage due minus actual wage paid.
Compute 13th month pay. A kasambahay is entitled to 13th month pay. The usual computation is total basic salary earned during the calendar year divided by 12. RA 10361 expressly recognizes the kasambahay’s entitlement to 13th month pay. (Supreme Court E-Library)
Review deductions. Separate lawful deductions from unsupported deductions. A deduction shown only as “utang,” “damage,” or “advance” without documents is often disputed.
Add final pay items. Include unpaid salary up to the last day worked, unpaid 13th month proportion, and any applicable 15-day indemnity for unjust dismissal.
Attach proof. A computation without documents may still start the discussion, but a computation with records is much stronger.

Where to file a kasambahay salary complaint

RA 10361 provides that labor-related disputes must be elevated to the DOLE Regional Office having jurisdiction over the workplace. The DOLE Regional Office must exhaust conciliation and mediation efforts before a decision is rendered. Ordinary crimes or offenses under the Revised Penal Code or special penal laws must be filed with the regular courts. (Supreme Court E-Library)

In practice, many salary complaints begin through SEnA, or the Single Entry Approach. SEnA is a conciliation-mediation mechanism for labor issues. The DOLE ARMS/e-SEnA portal states that Requests for Assistance may be filed by an aggrieved worker, including a kasambahay, and describes SEnA as a speedy, impartial, inexpensive, and accessible settlement procedure with a 30-day mandatory conciliation-mediation period. (Sena Webb App)

Step-by-step filing process

Prepare a written timeline. Include dates of hiring, salary agreed, salary actually paid, deductions, rest days, and date of separation if applicable.
Prepare a computation. Use monthly periods. Separate salary differentials, 13th month pay, deductions, and final pay.
Gather documents. Prepare copies or photos of ID, contract, payslips, payment proof, messages, remittance slips, wage computation, and employer details.
File a Request for Assistance. This may be done onsite at the appropriate DOLE Regional, Provincial, or Field Office, or online through the DOLE ARMS/e-SEnA system. (Sena Webb App)
Attend the conference. A Single Entry Assistance Desk Officer or authorized officer will help both sides discuss the claim. Bring the computation and records.
Review any settlement carefully. A fair settlement should state the exact amount, covered period, claims included, payment date, and method of payment.
If settlement fails, follow the proper referral or adjudication path. Because RA 10361 specifically places labor-related kasambahay disputes with the DOLE Regional Office, the next step depends on how DOLE classifies the unresolved issue and what claims remain.

Documents, offices, and practical timelines

Item	Practical details
Main law	RA 10361, Domestic Workers Act or Batas Kasambahay.
Wage source	Regional Tripartite and Productivity Wage Board wage orders, usually accessed through NWPC regional pages.
Initial dispute office	DOLE Regional, Provincial, or Field Office with jurisdiction over the workplace.
Online filing	DOLE ARMS/e-SEnA portal for Request for Assistance.
Conciliation period	SEnA generally uses a 30-day mandatory conciliation-mediation period. (Sena Webb App)
Barangay role	Registration of domestic workers in the barangay registry where the employer resides; barangay officials may also be involved in urgent safety situations.
Abuse or exploitation	DSWD or city/municipal social welfare officer, barangay, and appropriate law enforcement may be involved for rescue and protection. RA 10361 provides for rescue and rehabilitation of abused domestic workers. (Supreme Court E-Library)
Criminal acts	Physical violence, threats, coercion, theft, trafficking, or other crimes are handled under the Revised Penal Code or special penal laws in the proper forum.
Records retention	Employer must keep payslip copies for three years.
Common bottleneck	Missing payslips, unclear employment dates, no written contract, no proof of deductions, and using the wrong regional wage rate.

Common mistakes employers make

Paying in cash without any signed receipt or payslip.
Treating food, lodging, toiletries, or “family treatment” as salary.
Failing to update salary after a new regional wage order.
Deducting for broken items without written basis and due explanation.
Keeping no record of loans or advances.
Not registering the kasambahay in the barangay registry.
Assuming a stay-out helper has fewer legal rights.
Hiring through an agency but not keeping a contract.
Asking the kasambahay to sign a general waiver without a clear computation.
Ignoring SSS, PhilHealth, and Pag-IBIG coverage after one month of service.

Common mistakes kasambahays make

Waiting too long before raising salary issues.
Not saving messages about salary, deductions, rest days, or termination.
Not taking photos of payslips or receipts before returning them.
Signing “received in full” documents without checking the computation.
Mixing salary claims with unrelated personal disputes, making the issue harder to resolve.
Claiming every day as unpaid without identifying the period and basis.
Forgetting to include 13th month pay and final pay in the computation.
Not identifying the correct employer when several family members gave instructions.

Frequently Asked Questions

Can a kasambahay file a complaint for unpaid salary?

Yes. Labor-related kasambahay disputes are brought to the DOLE Regional Office with jurisdiction over the workplace, and DOLE must exhaust conciliation and mediation efforts before a decision is rendered. (Supreme Court E-Library)

Is a written contract required for a kasambahay?

Yes. RA 10361 requires an employment contract before the start of service, in a language or dialect understood by both employer and kasambahay. The contract should include duties, period of employment, compensation, authorized deductions, hours of work, rest days, board and lodging, loan terms, termination, and other lawful conditions. (Supreme Court E-Library)

What if there is no contract?

The kasambahay can still prove employment through messages, witnesses, payment records, photos, barangay records, remittance records, or admissions by the employer. Lack of a contract is a compliance problem, but it does not automatically erase the employment relationship.

Are employers required to issue payslips to kasambahays?

Yes. The employer must provide a payslip every payday showing the cash amount paid and deductions made, if any. The employer must keep payslip copies for three years. (Supreme Court E-Library)

Can an employer deduct food and lodging from kasambahay salary?

Food and lodging are basic necessities the employer must provide, especially for stay-in arrangements. They should not be used to reduce the required cash wage below the applicable minimum wage.

Can the employer deduct loans from salary?

Only lawful, documented deductions should be made. The safest practice is to have a written loan agreement or written authorization showing the amount, date, repayment schedule, and acknowledgment of the kasambahay. Deductions without written basis are commonly disputed.

Is 13th month pay required for kasambahays?

Yes. RA 10361 states that domestic workers are entitled to 13th month pay as provided by law. (Supreme Court E-Library)

Can a kasambahay claim salary from an agency?

If the kasambahay was hired through a Private Employment Agency, RA 10361 provides that the agency is jointly and severally liable with the employer for wages, wage-related benefits, and other benefits due to the domestic worker. (Supreme Court E-Library)

What if the kasambahay was made to work in a family business?

A kasambahay should not be assigned to commercial, industrial, or agricultural work at a wage lower than what applies to those workers. If the worker is actually working in a store, office, farm, restaurant, or other business, the correct classification and wage rules should be examined carefully. (Supreme Court E-Library)

How long does a salary claim take?

The SEnA stage generally aims to resolve labor issues within a 30-day conciliation-mediation period. If the case does not settle, the timeline depends on the next DOLE process, the complexity of the computation, the availability of records, and whether related civil or criminal issues are involved. (Sena Webb App)

Key Takeaways

A kasambahay salary claim is governed mainly by RA 10361, regional wage orders, and DOLE dispute procedures.
The correct salary depends on the region and the wage order in effect during each specific period.
Wages must be paid directly, on time, and at least monthly.
Payslips are mandatory, and employers must keep copies for three years.
Food and lodging do not replace the required cash wage.
Employers should keep contracts, payslips, signed receipts, deduction authorizations, and benefit records.
In ordinary wage and benefit claims, employers usually carry the burden of proving payment because payroll records are in their custody.
Kasambahays should still prepare a clear timeline, computation, and proof of employment.
Labor-related kasambahay disputes are handled through the DOLE Regional Office, usually starting with SEnA conciliation-mediation.
Abuse, violence, trafficking, theft, coercion, and similar acts may involve separate civil or criminal remedies outside the salary computation.