I. Introduction

Domestic workers, known in the Philippines as kasambahay, play a vital role in Filipino households. Recognizing their vulnerability to exploitation and abuse, the Philippine government has enacted laws that safeguard their rights—most notably Republic Act No. 10361, also known as the “Batas Kasambahay” or the Domestic Workers Act. One of the most common labor issues faced by kasambahay involves unpaid wages and illegal deductions, which directly violate the law’s core protections.

This article examines the legal framework governing these issues, the rights of kasambahay concerning their pay, the limits of lawful deductions, and the available remedies when employers fail to comply.

II. Legal Framework

The principal law governing the employment of kasambahay is Republic Act No. 10361 (RA 10361), implemented through Department of Labor and Employment (DOLE) Department Order No. 7, Series of 2012. These are further supported by provisions of the Labor Code of the Philippines, Civil Code, and related regulations.

The law establishes minimum labor standards specific to domestic workers and prescribes penalties for employers who fail to comply with these requirements.

III. Wage Rights of Kasambahay

A. Minimum Wage Standards

Under RA 10361, kasambahay are entitled to a minimum monthly wage, depending on the location of employment:

₱2,500 per month in the National Capital Region (NCR)
₱2,000 per month in chartered cities and first-class municipalities
₱1,500 per month in other municipalities

These rates may be updated by the Regional Tripartite Wages and Productivity Boards (RTWPBs), so employers must stay informed about applicable wage orders.

B. Payment Schedule and Method

Wages must be:

Paid once a month or every two weeks at the latest;
Given directly to the kasambahay in cash, unless the worker voluntarily consents to another mode (e.g., bank transfer);
Accompanied by a payslip or record detailing the computation of wages, deductions, and other payments.

Failure to pay wages in full or on time constitutes a violation of labor standards and may subject the employer to administrative or criminal sanctions.

IV. Prohibited and Legal Deductions

A. Prohibited Deductions

Section 22 of RA 10361 explicitly prohibits employers from making any deduction from a kasambahay’s wages other than those authorized by law. The following deductions are illegal:

For loss or damage to household property, unless the kasambahay has been proven at fault after due process;
For food, lodging, or basic necessities, since these are part of the employer’s obligations;
For personal expenses of the employer’s household, such as utilities or supplies;
As punishment or disciplinary measure, which is a form of economic abuse.

Any attempt to offset unpaid wages with such deductions is void and punishable under the law.

B. Authorized Deductions

Legal deductions may only include:

SSS, PhilHealth, and Pag-IBIG contributions, provided the kasambahay earns ₱5,000 or more per month (the employer shoulders all contributions if below ₱5,000);
Tax withholdings, if applicable;
Deductions authorized in writing by the kasambahay for valid purposes (e.g., cooperative contributions or loans).

Employers who make deductions outside these categories may face penalties and restitution orders.

V. Remedies for Unpaid Wages and Illegal Deductions

A. Filing a Complaint with the Department of Labor and Employment (DOLE)

Kasambahay who experience non-payment or illegal deductions may file a complaint at the nearest DOLE Field Office. The DOLE’s Single Entry Approach (SEnA) facilitates speedy, free, and informal resolution through mediation.

If the dispute is not settled, DOLE may issue compliance orders or endorse the case to the National Labor Relations Commission (NLRC) for adjudication.

B. Civil and Criminal Actions

Under RA 10361, Section 32, any employer who fails to pay the correct wages or makes illegal deductions may be held criminally liable, punishable by fines ranging from ₱10,000 to ₱40,000, in addition to payment of back wages and damages.

Kasambahay may also pursue civil actions for recovery of unpaid wages and other monetary claims under the Civil Code.

C. Protection from Retaliation

Employers are prohibited from retaliating against kasambahay who assert their rights—such as by dismissal, harassment, or withholding of documents. DOLE may order reinstatement and impose penalties for such retaliatory acts.

VI. Employer’s Duties and Record-Keeping

Employers must maintain a Kasambahay Employment Contract—written in a language understood by the worker—detailing wages, duties, benefits, and conditions. They must also keep employment records for inspection by labor officers.

Failure to provide documentation may result in presumptions favoring the kasambahay’s claims in case of dispute.

VII. Conclusion

Unpaid wages and illegal deductions represent serious violations of the kasambahay’s fundamental labor rights. The Batas Kasambahay was enacted precisely to ensure that domestic workers—often among the most vulnerable—receive fair treatment, humane conditions, and access to justice.

Kasambahay who experience these violations are empowered to seek redress through DOLE, the NLRC, or the courts. Employers, on the other hand, must uphold their obligations under the law, not only to avoid liability but to affirm the dignity and worth of those who serve their households.

Key Takeaway

In the Philippine legal framework, every peso of a kasambahay’s wage is protected by law. Any deduction or delay not expressly authorized is illegal. Awareness and enforcement of these rights are crucial to ensuring that domestic work—often invisible yet indispensable—is treated with the fairness and respect it deserves.