Kasambahay Law: Wages, Benefits, and Rights of Domestic Workers
Complete guide to RA 10361 (Batas Kasambahay) covering minimum wages, mandatory benefits, rest periods, and termination rights for domestic workers in the Philippines.
Republic Act 10361, also known as the Domestic Workers Act or Batas Kasambahay, was signed into law in 2013 to protect the rights and welfare of household workers in the Philippines. It covers a wide range of domestic workers including household helpers, yayas (childcare providers), cooks, gardeners, laundrywomen, and family drivers. If you work inside a private household performing tasks for the family, this law most likely applies to you. One important rule: you must be at least 15 years old to work as a kasambahay, and if you are under 18, your employer cannot assign you any hazardous work.
Minimum wage for kasambahay
Domestic workers have their own minimum wage rates, separate from the general minimum wage that applies to commercial and industrial workers. These rates are set by the Regional Tripartite Wages and Productivity Boards. As of Wage Order NCR-DW-06 (effective February 7, 2026), the minimum monthly wage for kasambahay in the National Capital Region is PHP 7,800. In chartered cities and first-class municipalities outside NCR, the minimum typically ranges from PHP 5,000 to PHP 6,500, while other municipalities may have lower floors. Your employer cannot pay you less than the applicable regional minimum, regardless of what your contract says.
Mandatory government benefits
Under the Kasambahay Law, your employer is required to register you with three government agencies: SSS (Social Security System), PhilHealth, and Pag-IBIG (HDMF). This is not optional. If your monthly salary is below PHP 5,000, your employer must pay the full premium for all three programs. If your salary is PHP 5,000 or above, the cost is shared between you and your employer according to the standard contribution schedules. These benefits give you access to sickness and maternity benefits, health insurance coverage, housing loans, and a retirement fund. If your employer refuses to register you, that is a violation of the law.
Rest periods and working hours
The law guarantees you a total of at least 8 hours of daily rest. This means that even though you live in your employer's household, you are not expected to be on call around the clock. You are also entitled to at least 24 consecutive hours of weekly rest, which should be agreed upon by you and your employer. If your employer asks you to work during your rest day, you have the right to refuse or to negotiate additional compensation. These rest periods exist to protect your health and well-being.
Leave, 13th month pay, and other entitlements
After completing one year of service, you are entitled to 5 days of annual service incentive leave (SIL) with pay. You are also entitled to 13th month pay, computed proportionally based on how many months you worked during the calendar year. On top of your cash wage, your employer must provide board, lodging, and medical attendance free of charge. These are required by law and cannot be deducted from your salary. If your employer tries to reduce your wage by charging you for food or a room, that is not allowed under RA 10361.
Written employment contract
The Kasambahay Law requires a written employment contract between you and your employer. The contract must be in a language you understand and should include your duties, working hours, compensation, rest days, and other terms of employment. Both you and your employer should keep a copy. The contract must also be registered with the local barangay. A written contract protects both sides by making expectations clear from the start, and it serves as evidence if a dispute arises later.
Termination rules
Either you or your employer may end the employment relationship, but there are rules to follow. Termination must be for a just or authorized cause, and written notice is required. Just causes for the employer include serious misconduct, willful disobedience, habitual neglect of duties, or commission of a crime against the employer or household members. You, as the kasambahay, may also terminate for reasons such as cruelty, verbal or physical abuse, inhumane treatment, or violation of the employment contract. If you are terminated without just cause, you may be entitled to compensation.
Check your contract with PlainDoc
Whether you are a yaya, cook, driver, or household helper, your employment contract should reflect all the protections guaranteed by RA 10361. Upload your contract to PlainDoc and our AI will check your wages against current regional minimums, verify that mandatory benefits are included, and flag any clauses that may violate the Kasambahay Law. It takes less than a minute to know where you stand.