A practical, doctrine-based guide for property owners, families, HR practitioners, and caretakers themselves.

Executive Summary

No written contract ≠ no rights. Philippine law protects workers and domestic helpers based on actual work performed, not the existence of a written contract.
Status determines the rulebook. “Caretakers” fall into three common buckets, each with distinct rights:
1. Domestic workers (kasambahay): household helpers, child/elder caregivers, drivers, gardeners in a private home → governed mainly by R.A. 10361 (Batas Kasambahay) plus social laws.
2. Employees in non-household settings: building caretakers, condo/site caretakers, security/janitorial staff directly hired by a firm or by a contractor → governed by the Labor Code and related issuances.
3. Land caretakers/farm “tagapag-alaga”: may be ordinary employees or, if elements are met, agricultural tenants/lessees under agrarian laws; some become tolerated occupants with no tenancy rights.
Key entitlements survive the lack of paperwork: minimum wage (if applicable), 13th-month pay, social insurance (SSS/PhilHealth/Pag-IBIG), service incentive leave (or the kasambahay counterpart), safe work, due process in termination, and recourse through DOLE/NLRC/Family Courts (as context requires).
Housing/food provided ≠ wage substitute unless strict legal tests on “facilities” are met and the worker consents in writing.
Long stay does not create ownership. Occupation by tolerance can be terminated; however, employment or tenancy rights may still exist depending on facts.

I. Sources of Rights (even without a written contract)

1987 Constitution – security of tenure, social justice, full protection to labor.
Labor Code & Implementing Rules – wages, hours, benefits, termination due process, contractor/subcontractor rules, and money-claims prescription.
R.A. 10361 (Batas Kasambahay) – mandatory contract (if none, statutory minimum terms apply), minimum benefits, rest periods, privacy, access to communication, SSS/PhilHealth/Pag-IBIG coverage, and standard causes for termination.
R.A. 11058 (OSH Law) & IRR – general duty to ensure safe and healthy workplaces (household service workers are typically outside OSH coverage, but safety duties still arise under civil law and kasambahay standards).
Social Legislation – SSS, PhilHealth, Pag-IBIG: coverage and contributions are mandatory once an employment relationship exists.
Civil Code – rules on facilities vs. supplements, obligations and contracts, damages, and special doctrines on builders/possessors in good faith; also relevant in claims about on-site quarters and improvements.
Agrarian laws (e.g., CARL/leasehold) – may apply to farm caretakers if tenancy elements (consent, agricultural land, personal cultivation, sharing or fixed rent) are proven.
Kasambahay-specific and Labor DOLE Circulars/DOs – wage setting, domestic worker standards, payslips/records.

II. Who is a “Caretaker”? Three Common Statuses

A) Household Caretaker (Kasambahay)

Examples: live-in nanny, elderly caregiver, family driver, gardener, houseman.

Employment exists even if the arrangement is oral or informal.
Rights (core set):
- Written contract is required by law; if absent, the law supplies the minimum terms (wages, rest, benefits).
- Minimum wage for kasambahay (by region), 13th-month pay, SSS/PhilHealth/Pag-IBIG (employer registers and pays employer share), five (5) days of service leave with pay after one year, pay slips/records, humane sleeping quarters, free board and lodging (cannot be used to underpay wages unless validly treated as “facilities” with written consent).
- Rest: at least 8 consecutive hours daily and 24 consecutive hours weekly; access to communication; respect for privacy.
- Deductions: strictly limited; no offset for losses without due process and clear fault; no deposits as a condition of employment.
- Termination: specific just causes (serious misconduct, gross neglect, etc.) and authorized causes (e.g., employer’s change of residence where the kasambahay cannot accompany); notice rules apply. Unjust dismissal → potential back wages/damages.
- Remedies: DOLE Single-Entry Approach (SEnA) for conciliation, filing of complaints with DOLE/NLRC, barangay mediation (context-dependent), and, where violence is involved, protection orders under VAWC laws.

B) Non-Household, Non-Agricultural Caretaker (Labor Code Employee)

Examples: building caretaker, site caretaker, condominium common-area caretaker, office premises “maintenance/caretaker”.

Employment test: control by employer, payment of wages (cash or in kind), and performance of work for another for compensation. No written contract is needed to establish employment.
Rights (core set):
- Minimum wage (regional), 13th-month pay, overtime (beyond 8 hours), night shift differential, holiday premium/holiday pay, service incentive leave (5 days), SSS/PhilHealth/Pag-IBIG.
- Security of tenure: after 6 months of continuous work doing tasks necessary or desirable to the business, the caretaker is typically regularized unless legitimately project/seasonal.
- Contracting/“Endo” shields: if hired through a contractor, rights remain; labor-only contracting exposes principals to solidary liability.
- Facilities vs. supplements: on-site quarters or meals are supplements (employer’s burden) unless proven facilities (customary, voluntary, with written employee consent and DOLE valuation).
- Termination due process: two-notice rule (charge and decision) + hearing; authorized causes require notice to DOLE and separation pay as the law provides.
- Remedies: SEnA, DOLE inspections, NLRC money claims/illegal dismissal, payroll audit shifting the burden to employer if records are missing.

C) Land/Farm Caretaker

Examples: family living on a rural property to watch over land; farmhand tending crops/livestock; “tagapag-alaga” of idle agricultural land.

Three possible legal identities:
1. Ordinary employee (Labor Code) paid wages for caretaking tasks.
2. Agricultural tenant/lessee (agrarian) if elements are met: consent of landowner, agricultural land, personal cultivation, and sharing/fixed rent → results in security of tenure and regulated rentals; ejectment only for statutory causes.
3. Tolerated occupant or caretaker by tolerance (no tenancy; allowed to stay to watch the land) → no agrarian rights arise; possession by tolerance can be ended on demand and enforced via unlawful detainer.
Indicators of tenancy vs. mere caretaking: receipt of share of harvest or fixed rental; evidence of personal cultivation; landowner’s consent to a farming arrangement; participation in agricultural decisions. Absent these, tribunals often find no tenancy.

III. “No Contract” Scenarios: What Automatically Kicks In

Statutory minimums: regional minimum wage (or kasambahay wage floor), 13th-month, 5-day SIL (or kasambahay leave), coverage in SSS/PhilHealth/Pag-IBIG.
Working time: hours beyond 8 are generally overtime (non-household) unless legitimately exempt; on-call time is compensable if required to remain on premises and unable to use time freely.
Record-keeping failures: if the employer has no time and payroll records, credible worker testimony and reasonable estimates can support awards; doubts are resolved in favor of labor.
Facilities deductions: invalid without written consent and DOLE valuation; board/lodging typically cannot reduce cash wage below the minimum for kasambahay.
Social insurance: employers must register the worker and remit contributions; failure can lead to employer liability and does not defeat the worker’s claim to benefits (subject to agency rules).
Due process in dismissal: even without a contract, cause + procedure is mandatory; otherwise, risk of illegal or ineffectual termination, back wages, separation pay (where appropriate), and/or nominal damages.

IV. Pay, Perquisites, and the “Caretaker’s Quarters”

Free lodging is common but does not automatically count as wages. To lawfully treat lodging/food as part of wages:
- The items must be for the employee’s benefit, customarily furnished, voluntarily accepted in writing, with a fair and reasonable value, and not exceed allowed percentages.
- For kasambahay, board and lodging are usually employer’s obligation and cannot undercut the statutory cash wage floor.
Utilities/tools/uniforms/PPE: generally employer’s account unless a lawful allocation exists.
Advances/loans: deductions must follow legal limits and require written authorization.

V. Termination and Security of Tenure

Kasambahay: Just causes (serious misconduct, willful disobedience, gross neglect, etc.) allow immediate termination after due process; authorized causes (e.g., employer relocation where helper cannot accompany, employer’s death, redundancy of position) require proper notice and, where applicable, separation pay under the kasambahay rules.
Labor Code employees:
- Just causes (misconduct, neglect, fraud, etc.) → two-notice rule + hearing.
- Authorized causes (redundancy, retrenchment, closure, disease) → 30-day notice to worker and DOLE + separation pay as prescribed.
Land caretakers: outcome depends on status. Tenants/lessees have statutory protection; mere caretakers by tolerance can be required to vacate after demand, but still may seek labor money claims if they were also employees.

VI. Remedies, Forums, and Prescriptive Periods

Conciliation (SEnA/DOLE): first stop for most wage/benefit disputes.
NLRC/DOLE Regional Offices: money claims (3 years from accrual); illegal dismissal (commonly treated as 4 years as an injury to rights), noting evolving jurisprudence.
Courts: ejectment for tolerated occupants; damages for torts; protection orders where violence or threats are present.
Agrarian adjudication: if tenancy is alleged, cases may fall within DARAB or agrarian courts’ jurisdiction.
Agency benefits: SSS sickness/maternity/disability/retirement; PhilHealth coverage; Pag-IBIG savings/loans—employer remittance failures don’t forfeit the worker’s fundamental coverage claims (administrative penalties may attach to the employer).

VII. Evidence Checklist (for cases without written contracts)

For the caretaker/worker:

IDs, text messages/chats, photos in uniform/on site, gate logs, barangay certifications, neighbors’/co-workers’ affidavits, remittance slips, payroll screenshots, supervisor instructions, any record showing schedule or tasks.
Proof of employer control: instructions, curfews, approvals, sanctions, performance evaluations, assignment rosters.
Proof of benefits owed: regional wage orders, holiday work, night shifts, continuous service beyond 6 months (for regularization).

For the owner/employer:

Written employment contract/parenting plan equivalent for kasambahay; payslips; time records; SSS/PhilHealth/Pag-IBIG enrollments; house rules; inventory of issued tools/PPE; proof of facilities consent (if any).
For land, proof that the caretaker does not cultivate/share harvest; documents showing tolerance only (authority letters, caretaker passes, keys, guard logs).

VIII. Special Issues & Edge Cases

Elderly/Person-with-Disability care in a private home remains kasambahay, not medical employment, unless provided by a licensed home-care agency (then Labor Code/DOLE rules on enterprises apply).
Security guards as “caretakers” are usually employees of a security agency; wage floors and benefits follow the specialized wage orders and DOs; principal bears solidary liability for unpaid wages under certain conditions.
Religious/community caretakers (sacristans, caretakers of chapels/temples) can still be employees if the control test is met.
On-site families (spouse/kids also living on premises): family members who do not render services are not employees; avoid mislabeling to bypass coverage.
Constructive dismissal: repeated illegal deductions, forced unpaid overtime, or demotion/hostile conditions that make continued work untenable may amount to constructive dismissal.
Data/privacy in live-in setups: employers should avoid surveillance in private sleeping areas; retention of personal IDs is generally not allowed as “security”.

IX. Practical Templates (language you can adapt)

Minimum-terms acknowledgement (for existing oral arrangements):

“Pending execution of a full contract, the parties confirm that the worker is engaged as [kasambahay/building caretaker] starting [date] at [worksite/home address], with a basic wage of ₱[amount]/[day/month], 13th-month pay, [SSS/PhilHealth/Pag-IBIG] enrollment by [date], rest of at least 8 hours daily and 24 hours weekly, and five (5) days paid service leave per year after one (1) year of service. Board/lodging are employer’s account and will not reduce the cash wage.”

Facilities consent (if truly intended and lawful):

“The employee voluntarily requests and consents that the fair value of [specific facilities] be credited as part of wages at ₱[amount] monthly, subject to DOLE valuation and in no case reducing take-home pay below the statutory cash minimum. This consent may be revoked in writing at any time.”

Due-process notice (charge letter):

“You are hereby charged with [specific infraction] on [date], contrary to [rule/policy]. You are given 5 working days to submit a written explanation and may appear at a conference on [date/time].”

X. Quick Rights Matrix (no written contract)

Issue	Kasambahay (Household)	Non-Household Caretaker (Labor Code)	Land Caretaker
Contract required?	Yes, but absence doesn’t waive rights	Not required to prove employment	Not required; status depends on facts
Wage floor	Kasambahay regional floor	Regional min. wage	If employee: regional min.; if tenant: not a wage case
13th-month pay	Yes	Yes	Employees: Yes; Tenants: N/A
Leave	5-day paid leave after 1 year	5-day SIL	Employees: SIL; Tenants: Agrarian benefits instead
SSS/PhilHealth/Pag-IBIG	Mandatory (employer registers)	Mandatory	Employees: Mandatory; Tenants: N/A
Housing/food as wage credit	Generally no (unless lawful “facilities” with consent)	Possible but strict conditions	N/A (tenancy)
Termination process	Kasambahay causes + notice	Just/authorized cause + due process	Tenants: agrarian causes only; tolerated occupants: demand + ejectment
Forum	DOLE/NLRC; barangay (context); courts for ejectment/VAWC	DOLE/NLRC	DARAB/agrarian courts or regular courts (ejectment)

XI. Action Steps (both sides)

For caretakers

Document your start date, tasks, schedule, and pay (photos, chats, logs).
Enroll/verify SSS/PhilHealth/Pag-IBIG; keep receipts or screenshots.
If underpaid or terminated, file SEnA at DOLE promptly; track prescription (3 years for money claims).
If living on site, clarify status of quarters in writing (not rent-to-own; not wage deduction unless valid).
If farm-based, assess whether tenancy elements exist.

For owners/employers

Execute a written contract now; the law will fill gaps against you if you don’t.
Issue payslips; keep time records and policies; register worker in SSS/PhilHealth/Pag-IBIG.
Treat food/lodging as supplements unless you have proper facilities consent.
Follow due process and statutory notice for termination; consider valid separation pay.
For landholdings, avoid inadvertently creating tenancy (no sharing of harvest if you intend mere caretaking; put tolerance terms in writing and limit agricultural tasks).

XII. Bottom Line

Even without a written contract, long-term caretakers in the Philippines have enforceable rights anchored in the Constitution, Labor Code, Batas Kasambahay, agrarian statutes, and social legislation. The actual relationship and control—not the paperwork—define the rule set. For durable peace of mind: paper the arrangement now, pay and register correctly, and align living-on-site practices with lawful standards.