MINIMUM WAGE FOR RESORT CARETAKERS IN THE PHILIPPINES
A legal brief as of 22 April 2025
1 | Why “Resort Caretaker” Needs Special Attention
A “resort caretaker” is a hybrid role: part groundskeeper, part household helper, part hotel worker, often living on‑site and doing everything from basic maintenance to guest assistance. The task list looks like hospitality work, but the living‑in arrangement resembles a kasambahay (domestic worker). Because Philippine wage rules are highly sector‑ and region‑specific, the first step is to identify which framework applies.
| Scenario | Governing pay regime | Key statutes / issuances |
|---|---|---|
| The caretaker is hired directly by a resort operator (a business establishment) to maintain facilities, greet guests, do minor repairs, etc. | Private‑sector minimum wage for non‑agricultural workers in the region where the resort is located. | Art. 99–124, Labor Code; R.A. 6727 (Wage Rationalization Act); latest Regional Wage Orders. |
| The caretaker is contracted by a family that owns a private rest‑house or small homestay and lives on the premises much like a house helper. | Kasambahay Law fixed minimum wage. | R.A. 10361, DOLE Department Order (D.O.) No. 7‑17. |
| The caretaker is supplied by an agency. | End‑user resort’s regional wage + service agreement; agency must follow D.O. 174‑17. | Art. 106–109, Labor Code; D.O. 174‑17. |
Tip: Labeling a caretaker as “kasambahay” will not shield an employer that actually runs a commercial lodging business; substance beats title (NLRC and CA rulings on “industry test” vs. “household test”).
2 | Statutory & Regulatory Framework
- 1987 Constitution, Art. XIII, §3 – mandates a living wage.
- Labor Code, Book III, Ch. II – sets the floor but delegates setting of exact peso amounts to the National Wages and Productivity Commission (NWPC) and the Regional Tripartite Wages and Productivity Boards (RTWPBs).
- R.A. 6727 (1989) – created the regional wage‑fixing system.
- RTWPB wage orders – issued per region, usually every 1–2 years; they specify:
- separate non‑agricultural/hospitality and agricultural rates;
- smaller‑firm tiers (e.g., resorts with ≤10 workers); and
- creditable board‑and‑lodging deductions (max ₱30/day or 50 % of its fair value, whichever is lower, per long‑standing DOLE rules).
- R.A. 10361 (Kasambahay Law, 2013) – if applicable, sets national floors (today: ₱3 500/mo NCR; ₱3 000/mo chartered cities/1st‑class municipalities; ₱2 500/mo others) plus social‑security coverage without worker share for PhilHealth and Pag‑IBIG during the first year of employment.
- R.A. 11360 (2019) – requires all service charges collected by hotels/resorts to be 100 % distributed to rank‑and‑file, including caretakers.
- D.O. 183‑17 & R.A. 11058 – spell out safety standards for tourism workers; non‑compliance can trigger wage‑underpayment findings through OSH inspections.
3 | Current Regional Minimum‑Wage Snapshot (Selected Tourist Hubs)
| Region (Wage Order No.) | Effective date | Non‑agricultural Daily Rate | Small Establishment Tier | Sampling of Popular Resort Areas |
|---|---|---|---|---|
| NCR – WO‑ RB‑NCR‑24 | 01 Jan 2025 | ₱645 | none | Manila Bay, Cavite‑Tagaytay ridge resorts |
| IV‑B (MIMAROPA) – WO‑ RB‑IVB‑12 | 16 Dec 2024 | ₱430 | ₱400 (≤10 workers) | Puerto Galera, Coron, El Nido |
| VI (Western Visayas) – WO‑ RB‑VI‑29 | 29 Jun 2024 | ₱450 | ₱420 | Boracay, Sicogon |
| VII (Central Visayas) – WO‑ RB‑VII‑24 | 14 Nov 2024 | ₱468 | ₱438 | Cebu, Bohol, Siquijor |
| XI (Davao) – WO‑ RB‑XI‑22 | 01 Apr 2025 | ₱480 | ₱458 | Samal Island, Mati |
(Figures are illustrative baselines; each region may have 2–4 wage classes—live‑aboard caretakers usually fall under “non‑agricultural, outside retail/service sector” unless the wage order states otherwise.)
4 | Computing a Caretaker’s Pay Packet
Basic Wage
Daily rate × (actual days worked)
or Monthly: Daily × 26.Lawful Deductions
- Board & lodging (max 50 % of fair value, only with written consent).
- SSS (4.5 % employee share), PhilHealth, Pag‑IBIG.
Add‑ons
- Overtime Premium – +25 % on ordinary days; +30 % if exceeding 8 hrs during rest day/holiday.
- Night‑Shift Differential – +10 % for work between 10 p.m. and 6 a.m.
- Service Charges under R.A. 11360.
- 13th‑Month Pay – 1/12 of total basic earned, to be released on or before 24 Dec.
- Service Incentive Leave – 5 paid days after 1 year.
Example (Boracay, April 2025)
Daily wage: ₱450
Live‑in board‑and‑lodging credit: ₱900/mo (₱30×30)
Monthly pay‑out:
``` Basic (₱450×26) ₱11 700 Less B&L credit (900) Add averaged service tips 900Gross before SSS/etc. ₱11 700
5 | Enforcement & Remedies
- DOLE Regional Field Office – inspection and compliance orders; may use Labor Inspector’s Report to compute wage differentials under Art. 128(b).
- Single‑Entry Approach (SEnA) – mandatory 30‑day conciliation before formal case.
- NLRC – money claims ≤₱5 000 with reinstatement; ordinary labor arbitration for bigger claims.
- Bureau of Working Conditions – policy queries; can issue opinions on whether a caretaker is covered by Kasambahay Law or Wage Orders.
- Criminal aspect – deliberate non‑payment beyond 2 months can constitute illegal withholding of wages (Art. 302, Labor Code, as renumbered).
6 | Common Compliance Pitfalls
- Misclassification – labeling a caretaker “security‑in‑charge” then paying security‑guard rates but skipping license‑to‑exercise‑profession (LEP) and holiday pay.
- No written board‑and‑lodging agreement – makes any deduction invalid.
- Ignoring new wage orders – RTWPBs often release two‑tranche increases; caretakers must receive the second tranche on schedule.
- Service‑charge hoarding – management retaining any portion is now unlawful under R.A. 11360.
- Paid‑by‑result gimmicks – e.g., paying per “room cleaned” to skirt overtime. Piece‑rate is allowed but the resulting pay must still meet the daily minimum.
7 | Take‑Away Checklist for Resort Operators
| ✅ | Item |
|---|---|
| ▢ | Verify the latest wage order for your region and tier (size‑based cut‑offs vary). |
| ▢ | Write a Caretaker Employment Agreement distinguishing basic wage, in‑kind benefits, and service‑charge sharing. |
| ▢ | Register the worker with SSS, PhilHealth, Pag‑IBIG within 30 days. |
| ▢ | Post the wage order in a conspicuous area, per Art. 124(c) Labor Code. |
| ▢ | Keep daily time records even for live‑in staff—non‑exempt from overtime rules. |
| ▢ | Recompute each time a wage order’s second tranche takes effect. |
| ▢ | Release 13th‑month pay on or before 24 December. |
8 | Final Notes
- Philippine minimum‑wage law sets only the floor. Resorts competing for talent in destinations like Siargao or El Nido routinely pay above the statutory minimum plus incentives (profit‑sharing, SCUBA certification, etc.).
- Wage orders are quasi‑judicial issuances published in a newspaper of general circulation and the Official Gazette; always consult the full text or DOLE advisories for exact amounts, phased schedules, and coverage nuances.
- This brief reflects the state of the law as of 22 April 2025. New wage orders or amendments to the Kasambahay Law could change figures overnight. When in doubt, secure a written opinion from the DOLE Regional Director or the NWPC.