Repatriation Entitlements for Domestic Workers: Does the Employer Cover Domestic Airfare to the Home Province?

Repatriation Entitlements for Domestic Workers: Does the Employer Cover Domestic Airfare to the Home Province?

(Philippine legal context, comprehensive guide)

Executive summary

  • Short answer: In many common situations yes—when a domestic worker (kasambahay) was hired from another province and the employment ends without the worker’s fault, Philippine rules and standard contracts expect the employer to shoulder reasonable return transportation to the worker’s home (which may be airfare, ferry, or bus—whichever is reasonable, safe, and customary for the route).
  • Not always: If the worker resigns without just cause, or is dismissed for just cause, the worker may bear the cost of going home (unless the employment contract says otherwise).
  • Key sources & concepts: Republic Act No. 10361 (Domestic Workers Act or Batas Kasambahay), its implementing rules and regulations (IRR), and long-standing public policy that workers must not be charged recruitment/transport costs. Private Employment Agencies (PEAs) also have specific duties about transport to and from the place of origin.

1) What counts as “repatriation” in the domestic (local) setting?

“Repatriation” is more often used for overseas workers. For kasambahay employed within the Philippines, the practical equivalent is the return transportation to the worker’s place of origin (home province/city) when the employment relationship ends or when compelling reasons require the worker to go home.

Practical definition used by DOLE practice and standard contracts: paying for the reasonable, safe, and direct mode of transport back to the named place of origin in the written employment contract (or, absent that, the worker’s stated permanent residence).


2) The legal framework at a glance

A. Batas Kasambahay (RA 10361) and its IRR

RA 10361 and the IRR set out:

  • Mandatory written employment contract, indicating the place of origin and key terms (wages, rest days, benefits, board and lodging, etc.).
  • Prohibition on charging the kasambahay any recruitment or placement fees.
  • PEA responsibilities (when a PEA is involved), including ensuring the worker’s transport to and from the employer without charging the worker.
  • Minimum standards on health, safety, privacy, humane treatment, and social security (SSS, PhilHealth, Pag-IBIG) enrollment where applicable.

B. Labor-law general principles applied to kasambahay

  • If the employee is terminated without just cause (or the worker resigns with just cause), costs reasonably incident to termination that are necessary to restore the worker to their place of origin should not be shifted to the worker.
  • If the employee is dismissed for just cause (serious misconduct, willful disobedience, etc.) or resigns without just cause/proper notice, the employer is typically not obliged to pay return fares—unless the written contract gives a more favorable term.

3) Who pays the return ticket? Decision matrix

Situation at end of employment Who pays for return to home province? Notes
Employer terminates without just cause (e.g., redundancy, preference change) Employer Standard expectation under RA 10361 policy and IRR; fare should be reasonable and direct (air, sea, or land).
Worker resigns with just cause (e.g., maltreatment, nonpayment, clear breach) Employer Worker should not be penalized for leaving due to the employer’s breach.
Mutual agreement to end By agreement (default: employer) Good practice: employer shoulders; if split-costs are agreed, memorialize in a quitclaim with counsel/DOLE witnessing.
Dismissal for just cause (serious misconduct, etc.) Worker (default) Contract may grant more generous terms; humanitarian assistance is allowed but not mandatory.
Worker resigns without just cause or without proper notice Worker Unless the contract explicitly provides employer-paid return fare.
Force majeure / calamity making the post untenable Employer (practical norm) Especially if the worker must be evacuated or the household relocates.
Transfer of employer’s residence to another island (worker declines reassignment) Employer Ending is employer-initiated in effect; return fare is ordinarily shouldered by employer.

4) What counts as a “reasonable” mode and scope of transport?

  • Mode: The most direct, safe, and available route. For long inter-island routes, airfare is reasonable; for adjacent islands/corridors, ferry + bus may be reasonable. The employer cannot insist on a significantly longer or riskier route just to save money.
  • Ancillary costs: Reasonable terminal fees, checked-baggage allowance suitable for personal effects (avoid unreasonably low limits), and local transfers to the bus/port/airport at origin and destination are typically covered. Excess baggage or side trips are not.
  • Timing: Book within a reasonable time from separation (often aligned with release of final pay).
  • Documentation: Keep receipts/itineraries; indicate in the quitclaim/release that transport was provided as part of final settlement (without waiving statutory rights).

5) When a PEA (Private Employment Agency) is involved

If recruitment was through a licensed PEA:

  • To the job site: The PEA arranges the worker’s transport to the employer; costs charged to employer, never to the worker.
  • Back home: Upon valid termination not the worker’s fault, the PEA (in coordination with the employer) must facilitate return transport at employer’s expense.
  • Bond/guarantee: Some agencies require an employer-funded guarantee to ensure these obligations. Workers should never be asked to post or reimburse such costs.

6) Interaction with termination grounds and notice rules

A. Termination by employer

  • With just cause (worker at fault): No statutory duty to pay the ticket; check the contract.
  • Without just cause: Employer pays return transportation and releases final pay (earned wages, any agreed benefits, and pro-rated entitlements) within a reasonable period.

B. Resignation by worker

  • With just cause (e.g., unpaid wages, abuse): Employer covers the trip home.
  • Without just cause: Worker covers their own fare; if proper notice was not given (customarily 5 days in kasambahay practice), the worker may also be liable for damages actually caused by abrupt departure (not penalties), subject to proof.

Good practice: Whatever the cause, document the ending in a brief Notice/Certificate of Termination or Resignation, and settle in writing (Release, Waiver and Quitclaim) witnessed by a barangay official or DOLE desk officer.


7) Special situations

  • Medical emergency / injury during work: Employer arranges immediate medical care. If the worker must return home for recovery and the injury/illness is work-related or the employment ends without the worker’s fault, the employer should shoulder reasonable transport home.
  • Pregnancy/childbirth: If the employment ends lawfully and not due to worker’s fault, the same return transport expectations apply; otherwise, follow the general matrix above.
  • Death of the worker: Humanitarian practice and public policy expect the employer/PEA to coordinate remains’ transport and assist the family (subject to social insurance and contract terms).
  • Minors (15–17): Additional child-protection and anti-trafficking safeguards apply to any inter-provincial transport and living arrangements; comply strictly with parental consent and safe travel protocols.

8) Contract drafting: Make it explicit

To avoid disputes, the employment contract should spell out:

  1. Place of origin (city/municipality, province).
  2. Who pays for (a) initial transport to the job site and (b) return transport under each termination scenario.
  3. Mode (air/sea/land) by default, with a clause allowing a different mode if safer, faster, or more practical.
  4. Ancillary items covered (terminal fees, reasonable baggage, transfers).
  5. Procedure: Notice period, booking lead time, and who holds the ticket or reimbursement method.
  6. PEA participation (if any) and point persons for logistics.

Tip: Use clear, worker-friendly language; no cost-shifting to the worker for recruitment/placement or mandatory transport in cases not attributable to the worker’s fault.


9) Evidence and enforcement

  • Barangay/DOLE conciliation: Travel-fare disputes are commonly resolved through barangay mediation or at a DOLE Single-Entry Approach (SEnA) desk; bring the contract, ID/residence proof, and receipts.
  • Quitclaims: Valid if voluntary, for a reasonable consideration, and the worker understood the release. A quitclaim cannot waive statutory minimum rights (including “no charging of recruitment/placement costs” and the transport cost allocation reflected in law and the IRR).
  • PEA sanctions: Agencies that shift transport costs to workers or fail to facilitate mandated travel can face administrative penalties (suspension, fines, cancellation of license).

10) Practical checklists

For employers

  • □ Use the DOLE-compliant written contract; fill in the place of origin.
  • □ If hiring inter-island, budget for both deployment and return fares in non-fault endings.
  • Do not deduct recruitment/transport costs from wages.
  • □ At separation, book the worker’s direct, safe route home; provide ticket + baggage allowance and keep receipts.
  • □ Execute a settlement (final pay + transport provided) with a witness at the barangay/DOLE.

For workers (kasambahay)

  • □ Keep a copy of the contract and a government ID showing your home province.
  • □ If ending employment due to employer breach, state the just cause in writing and request employer-paid transport.
  • □ Keep receipts if you advance the fare; seek reimbursement under the contract/law.
  • □ For agency hires, contact the PEA to facilitate travel.

11) Bottom line

  • The Philippine default policy—reflected in RA 10361, its IRR, and DOLE practice—is that a kasambahay should not bear the cost of returning home when the employment ends through no fault of the worker.
  • Airfare is covered when it is the reasonable way to reach the home province (especially for long inter-island routes).
  • The written contract should expressly mirror these rules and may grant better-than-minimum terms. When in doubt, assume worker-protective interpretation and use direct, safe transport with proper documentation.

Model clause you can adopt (optional)

Return Transportation. Upon termination of employment for reasons not attributable to the Kasambahay (including termination without just cause or resignation with just cause), the Employer shall shoulder the reasonable cost of direct and safe transportation for the Kasambahay’s return to the Place of Origin indicated above, including terminal fees, reasonable baggage allowance, and necessary local transfers. If termination is for just cause attributable to the Kasambahay or due to resignation without just cause, the Kasambahay shall shoulder said costs, unless otherwise provided herein. The Parties shall cooperate to book travel within five (5) calendar days from final settlement, unless safety, availability, or disaster conditions require otherwise.


This article is intended as a comprehensive guide and does not replace tailored legal advice on a specific case. For disputes, bring your contract and receipts to your barangay or the nearest DOLE office for assistance.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.