Philippine Labor Law Glossary
Definition: Kasambahay is a person engaged in domestic work within an employment relationship — performing general household tasks such as cooking, cleaning, laundry, childcare or eldercare in or for a household — whose employment is expressly covered and protected by Republic Act No. 10361, the Domestic Workers Act or Batas Kasambahay.
Sa Filipino · Filipino Explanation
Ano ang kasambahay?
Ang kasambahay ay taong nakikibahagi sa domestic work sa loob ng isang employment relationship — tulad ng pagluluto, paglilinis, paglalaba, pag-aalaga ng bata o matanda sa loob o para sa isang sambahayan — na tahasang saklaw at protektado ng Republic Act No. 10361, ang Domestic Workers Act o Batas Kasambahay.
May tiyak na saklaw at eksklusyon ang RA 10361, kaya mahalagang tingnan kung pasok ang aktuwal na trabaho sa depinisyon ng domestic work.
Who Is Covered — and Who Is Excluded
RA 10361 defines a domestic worker or kasambahay as any person engaged in domestic work within an employment relationship, whether live-in or live-out, including but not limited to general househelpers, yayas, cooks, gardeners and laundry workers, but excluding service providers, family drivers and any other person who performs domestic work only occasionally or sporadically and not on an occupational basis.
A family driver is generally treated as a separate category and is not covered as a kasambahay under this law. Children placed in foster care who receive a subsidy or education allowance in exchange for occasional household help are likewise excluded, since the arrangement is not an employment relationship for domestic work.
Minimum Wage by Area Classification
Section 24 of RA 10361 set statutory monthly minimum wage floors for kasambahay at the time the law took effect, differentiated by area classification. These floors are reviewed and may be increased by the appropriate Regional Tripartite Wages and Productivity Board (RTWPB) through a wage order, similar to how regional minimum wages are adjusted for other workers.
| Area classification | Statutory floor set by RA 10361, Section 24 | Notes |
|---|---|---|
| National Capital Region (NCR) | ₱2,500 per month | Superseded by RTWPB-NCR wage orders; the current NCR kasambahay minimum wage is ₱7,800 per month under Wage Order No. NCR-DW-06, effective February 7, 2026. |
| Chartered cities and first-class municipalities | ₱2,000 per month | Subject to increase by the applicable Regional Tripartite Wages and Productivity Board. |
| Other municipalities | ₱1,500 per month | Subject to increase by the applicable Regional Tripartite Wages and Productivity Board. |
Because RTWPBs issue updated wage orders region by region, the applicable current rate should always be confirmed against the latest wage order for the specific region where the kasambahay is employed, rather than relying only on the 2013 statutory floor.
Mandatory SSS, PhilHealth and Pag-IBIG Coverage
Section 30 of RA 10361 requires the employer to register a kasambahay who has rendered at least one month of service with the Social Security System (SSS), PhilHealth and the Home Development Mutual Fund (Pag-IBIG), and to remit the corresponding premiums and contributions. Where the kasambahay’s monthly wage falls at or below the threshold set by the applicable SSS, PhilHealth and Pag-IBIG rules, the employer generally shoulders the full contribution; above that threshold, the contribution is shared between employer and kasambahay in accordance with the applicable schedule.
Thirteenth-Month Pay and Other Wage Rules
Section 25 of RA 10361 entitles a kasambahay to thirteenth-month pay under the same general rule that applies to other employees. Wages must be paid in cash, at least once a month, directly to the kasambahay, and the law prohibits withholding wages except as allowed by law. Section 26 requires the employer to keep and, on request, show a copy of the pay record reflecting the wages paid.
Daily Rest, Weekly Rest Day and Service Incentive Leave
Section 20 entitles a kasambahay to an aggregate daily rest period of at least eight hours in a 24-hour period. Section 21 entitles a kasambahay to at least twenty-four consecutive hours of rest in a week, which the employer and kasambahay may agree to schedule, subject to the employer’s operational requirements.
Section 29 grants a kasambahay who has rendered at least one year of service an annual service incentive leave of five days with pay. This leave is generally treated as non-cumulative and non-convertible to cash, unless a more favorable arrangement is agreed upon.
The Kasambahay Employment Contract
Section 11 requires a written employment contract before the kasambahay’s employment begins, stating the duties and responsibilities, the period of employment, the compensation, authorized deductions, hours and days of work, rest periods, leave entitlements, board and lodging arrangements, medical assistance, and other terms and conditions mutually agreed upon by the parties. Employers of kasambahay are also generally expected to register the employment relationship with the barangay where the household is located.
Under Section 6, an employer who provides board and lodging must furnish humane sleeping arrangements and at least three adequate daily meals, and must extend appropriate assistance in case of illness or injury sustained during service, without loss of the kasambahay’s other benefits.
Termination Rules
Sections 32 to 34 govern termination of the kasambahay’s employment. Where the employment period is not fixed, either party may terminate the relationship by serving five days’ prior written notice. A kasambahay may terminate the employment even without notice for reasons that include verbal or emotional abuse, physical abuse, being required to work under inhuman conditions, commission of a crime against the kasambahay or the kasambahay’s family, and violation by the employer of the terms of the contract or other labor-law provisions.
An employer may terminate a kasambahay’s employment for just causes that include misconduct or willful disobedience, gross or habitual neglect of duty, fraud or willful breach of trust, commission of a crime against the employer or the employer’s family, and other causes analogous to these. Where termination is without just cause, the law generally entitles the kasambahay to the wages already earned plus an indemnity equivalent to fifteen days’ wages.
Legal Basis
| Authority | Rule supported | Official source |
|---|---|---|
| RA 10361, Section 24 | Sets the statutory monthly minimum wage floors for kasambahay by area classification. | Official Gazette |
| RA 10361, Section 30 | Requires mandatory SSS, PhilHealth and Pag-IBIG coverage after one month of service. | Official Gazette |
| Wage Order No. NCR-DW-06 | Sets the current NCR kasambahay minimum wage at ₱7,800 per month, effective February 7, 2026. | National Wages and Productivity Commission |
Practical Example
Hypothetical example: A live-in kasambahay begins work for a household in Quezon City, within NCR, in March 2026. Under RA 10361 and the applicable wage order, the household employer must pay at least the current NCR kasambahay minimum wage of ₱7,800 per month, register the kasambahay with SSS, PhilHealth and Pag-IBIG after one month of service, provide at least twenty-four consecutive hours of weekly rest, and pay thirteenth-month pay at year-end. If the employer instead pays a flat allowance below the applicable wage-order rate and never registers the kasambahay for social coverage, the household is very likely violating Sections 24, 25 and 30 of the law.
Common Misunderstandings
Misunderstanding: Kasambahays are not entitled to SSS, PhilHealth or Pag-IBIG because household work is informal.
Correct approach: Section 30 makes registration and contribution mandatory for the employer once the kasambahay has rendered at least one month of service, regardless of how informal the household arrangement may seem.
Misunderstanding: A household employer may end a kasambahay’s employment at any time without cause or notice because it is not a business relationship.
Correct approach: Sections 32 to 34 still require a lawful ground or the applicable notice period, and unjust termination can expose the employer to wage and indemnity liability.
Sources and Legal Citations
- Republic Act No. 10361, the Domestic Workers Act (Batas Kasambahay), Official Gazette full text.
- Wage Order No. NCR-DW-06 (Regional Tripartite Wages and Productivity Board-NCR), effective February 7, 2026, National Wages and Productivity Commission.
- Department of Labor and Employment, news release on the NCR kasambahay wage increase, DOLE.
Disclaimer
This glossary entry is for general educational and legal-information purposes and is not legal advice. Kasambahay wage rates, benefits and termination outcomes depend on the applicable wage order, the actual employment arrangement, the contract, and the specific facts involved.