Kasambahay Rights in the Philippines: Salary, Rest Days and Benefits

Quick answers

Who counts as a kasambahay — and is a family driver one?

Section 4(d) of RA 10361 defines a kasambahay as any person engaged in domestic work within an employment relationship — general househelp, nursemaid or yaya, cook, gardener or laundry person, among others. The Act does not cover anyone who performs domestic work only occasionally or sporadically and not on an occupational basis, children under a foster family arrangement, or service providers. The implementing rules also exclude family drivers.

That exclusion has real consequences. RA 10361 repealed the old “Employment of Househelpers” chapter of the Labor Code, and because family drivers were then excluded from RA 10361 as well, the Supreme Court held in Atienza v. Saluta (G.R. No. 233413, 17 June 2019) that a family driver is governed by the Civil Code provisions on household service instead. If you drive for a household, the answers on this page mostly will not apply to you.

What is the minimum salary, and how must it be paid?

Kasambahay minimum wages are set by region through wage orders issued by the Regional Tripartite Wages and Productivity Boards, so the figure depends on where you work. In the National Capital Region, Wage Order No. NCR-DW-06 raised the kasambahay monthly minimum wage to P7,800, effective 7 February 2026, with no exemptions allowed. Rates in other regions are lower and are revised on their own schedules — check the current wage order for your region through the National Wages and Productivity Commission before computing anything.

How it is paid is not negotiable. Under Section 25 your salary must be paid in cash, directly to you, at least once a month — never by promissory note, voucher, coupon, token, ticket, chit or any object other than cash. Section 26 entitles you to a pay slip every pay day showing the amount paid and all deductions made, which the employer must keep for three years. Section 27 bars your employer from interfering with how you spend your pay or compelling you to buy from any particular person, and Section 28 prohibits withholding your wages, directly or indirectly.

Do I need a written contract?

Yes. Section 11 requires an employment contract executed before the start of service, in a language or dialect understood by both of you. It must cover your duties and responsibilities, the period of employment, compensation, authorised deductions, hours of work and proportionate additional payment, rest days and allowable leaves, board, lodging and medical attention, any agreement on deployment expenses, any loan agreement, and how the employment may be terminated. DOLE publishes a free model contract, the Kontrata sa Paglilingkod sa Tahanan. The contract is executed in three copies, one of which goes to you, with a copy also furnished to the barangay.

Your employer must also register you in the Registry of Domestic Workers in the barangay where the household is located (Section 17).

How much rest am I entitled to?

• Daily rest: an aggregate rest period of eight hours per day (Section 20).
• Weekly rest: at least 24 consecutive hours of rest in a week (Section 21). The schedule is agreed in writing, and your employer must respect your religious preference in setting it.
• Service incentive leave: after at least one year of service, five days of annual leave with pay (Section 29). Unlike ordinary employees, a kasambahay’s SIL is not cumulative and not convertible to cash.

The implementing rules allow you and your employer to agree to offset a rest day against an absence, to waive a rest day in exchange for equivalent additional pay, or to accumulate rest days up to five days. DOLE Labor Advisory No. 10, series of 2018 confirms that a kasambahay who meets the conditions is also entitled to solo parent leave under RA 8972, the special leave benefit for women under the Magna Carta of Women, and VAWC leave under RA 9262.

Do I get 13th month pay, SSS, PhilHealth and Pag-IBIG?

Yes to all four. Section 25 entitles a kasambahay to 13th month pay, computed as one twelfth of total basic salary earned in the calendar year and payable not later than 24 December, in cash.

Section 30 provides that a kasambahay who has rendered at least one month of service is covered by the SSS, PhilHealth and Pag-IBIG, and is entitled to all the benefits under those laws. The cost split is the part households most often get wrong:

• If your monthly salary is below P5,000, the employer shoulders the entire premium or contribution for all three funds.
• If your salary is P5,000 or more, you pay the proportionate employee share; the employer still pays the employer share and remits both.
• Any additional or upgraded Pag-IBIG contribution taken to secure loan privileges is borne by you.

SSS coverage of domestic workers is separately compulsory under Republic Act No. 11199. See what SSS covers, PhilHealth and the Pag-IBIG Fund.

Can my employer charge me for food and lodging, or deduct for a broken plate?

Board and lodging are the employer’s obligation, not a cost to be charged against your pay. Section 6 requires the employer to provide at least three adequate meals a day, humane sleeping arrangements that ensure safety, and basic medical attendance — and these may not be withdrawn or held in abeyance as punishment or disciplinary action. The minimum wage in Section 24 is a cash figure, and Section 25 requires it to be paid in cash.

Deposits are flatly unlawful. Section 14 makes it unlawful to require a domestic worker to make deposits from which deductions will be made for loss or damage to tools, materials, furniture and equipment in the household. Where a deduction for loss or damage is made at all, the implementing rules require your written consent plus clearly established responsibility, an opportunity to be heard, an amount that is fair and does not exceed the actual loss, and a deduction not exceeding 20 percent of your monthly wage. Deductions for loans or debts are capped at 20 percent of your monthly wage, and no deductions at all may be made from a working child’s wage.

What about debt bondage and agency placement fees?

Debt bondage is prohibited outright by Section 15: it is unlawful for the employer or anyone acting for the employer to place a domestic worker under debt bondage — that is, to require service as security or payment for a debt where the length and nature of the service is not clearly defined, or where the value of your work is not reasonably applied to the debt.

Section 13 provides that no share in the recruitment or finder’s fee may be charged against the domestic worker by a private employment agency or any third party. Hiring costs are borne by the employer. If an agency is deducting a placement fee from your salary, that is unlawful on its face.

Can I resign, and what happens to my pay if I do?

Termination rules under Section 32 are specific and cut both ways:

• If the employer dismisses you without just cause, you are entitled to the compensation you have already earned plus an indemnity equal to 15 days’ work.
• If you leave without justifiable reason, unpaid salary due to you up to the equivalent of 15 days’ work is forfeited, and if you leave within six months of employment the employer may additionally recover deployment expenses.
• Where the engagement has no fixed term, either side may end it on five days’ prior notice.

Section 33 gives you grounds to leave immediately: verbal or emotional abuse by the employer or any household member, inhuman treatment including physical abuse, a crime or offence committed against you, violation by the employer of the contract or of legal standards, and any disease prejudicial to your health. Section 34 gives the employer grounds including misconduct or wilful disobedience, gross or habitual neglect, fraud or wilful breach of trust, and a crime against the employer or a household member. Pregnancy and marriage are not valid grounds for dismissal. On separation the employer must issue a certificate of employment within five days of your request (Section 35).

What are the rules for young household workers?

Section 16 makes it unlawful to employ anyone below 15 years of age as a domestic worker. A working child aged 15 to below 18 is entitled to the minimum wage and all benefits under the Act, must not work more than eight hours a day and in no case beyond 40 hours a week, must not be made to work between 10:00 p.m. and 6:00 a.m., and must not perform hazardous work. An employer convicted of an offence against a working child faces a penalty one degree higher and is barred from hiring a kasambahay.

Where do I complain, and what if I am being abused?

Labor-related disputes go to the DOLE Regional Office with jurisdiction over the workplace and must undergo mandatory conciliation-mediation before any decision (Section 37). In practice you file a Request for Assistance at any DOLE field, provincial or regional office under the Single Entry Approach, which runs for 30 days; unresolved issues are decided by the DOLE Regional Office, with appeal to the Office of the Secretary of Labor. Ordinary crimes go to the regular courts, not to DOLE.

If you are being abused or exploited, Section 31 provides that you are to be immediately rescued by a municipal or city social welfare officer. The abuse may be reported by you or by anyone who knows of it. The DOLE hotline is 1349. Violations of the Act carry a fine of not less than P10,000 and not more than P40,000 (Section 40), separate from any criminal liability for the underlying act. See the directory of Philippine labor agencies.

Related guides

Related: if you employ a kasambahay yourself, the compliance side is covered on the employer page. For household caregivers with TESDA certification, note that Republic Act No. 11965, the Caregivers’ Welfare Act, may also apply. Or return to all roles.

This page explains general rules under Republic Act No. 10361 and related DOLE issuances. It is legal information, not legal advice, and regional wage rates change by wage order. See our Legal Disclaimer and Source and Citation Policy.