Kasambahay Rights and Benefits: Wages, Rest Days, Leave, 13th Month and Termination

Q: Is a family driver considered a kasambahay under Philippine law?

No. The Supreme Court held in Atienza v. Saluta that a family driver is not covered by RA 10361's illustrative list of domestic worker roles. A driver's rights on termination are instead governed by the Civil Code, which provides a narrower remedy than the Domestic Workers Act does.

A kasambahay is not covered by the Labor Code most Philippine workplace guides describe — but that does not mean a household employee has no rights. Since 2013, general househelp, nannies, cooks, gardeners and laundry workers have had their own dedicated statute, Republic Act No. 10361, the Domestic Workers Act or Batas Kasambahay, which sets a separate wage floor, its own rest-day and leave rules, and its own termination process.

Many households still treat a kasambahay’s pay, days off and eventual separation as informal matters worked out by agreement. Under RA 10361, they are not. The law fixes minimum standards that a verbal understanding between employer and household worker cannot lawfully go below.

This guide explains who counts as a kasambahay under the law, what wages, rest periods, leave, 13th month pay and social insurance coverage they are entitled to, how a kasambahay employment relationship may lawfully end, and what both sides should do when something goes wrong.

Direct Answer

Kasambahay (domestic workers) in the Philippines are covered by Republic Act No. 10361, not the general Labor Code. RA 10361 entitles a kasambahay to a regional minimum wage set by the Regional Tripartite Wages and Productivity Board, at least 8 hours of daily rest, at least 24 consecutive hours of weekly rest, a 5-day annual service incentive leave after one year of service, 13th month pay, SSS/PhilHealth/Pag-IBIG coverage after one month of service, and board, lodging and basic medical assistance from the employer.^[1]

Termination follows its own rules: either party may end an indefinite-term engagement on 5 days’ written notice, but ending the relationship without just cause and without notice exposes the employer to an indemnity equal to 15 days’ wages, while a kasambahay who leaves without just cause forfeits any unpaid wages up to 15 days.^[1]

Key Takeaways

Kasambahay are governed by RA 10361 (Batas Kasambahay), a separate law from the Labor Code, with its own wage-setting, leave and termination rules.^[1]
Minimum wage for kasambahay is fixed per region by the Regional Tripartite Wages and Productivity Board (RTWPB) and is periodically adjusted — it is not the same peso figure as the private-sector minimum wage.^[2][3]
A kasambahay is entitled to at least 8 hours of daily rest and at least 24 consecutive hours of rest each week, by agreement as to schedule.^[1]
After one year of service, a kasambahay earns a 5-day annual service incentive leave with pay — but unlike the private-sector SIL, it is non-cumulative and cannot be converted to cash.^[1]
13th month pay, SSS, PhilHealth and Pag-IBIG coverage are mandatory once a kasambahay completes one month of service, with the employer generally shouldering the premiums.^[1]
Wages must be paid in cash, directly to the kasambahay, at least once a month — vouchers, promissory notes and unauthorized deductions are unlawful.^[1]
A family driver is not a kasambahay under the law and is instead governed by the Civil Code, according to the Supreme Court.^[4]
Violating RA 10361’s mandatory provisions carries a fine of between ₱10,000 and ₱40,000 per violation.^[1]

Legal Basis

Authority	Classification	Rule Supported	Effect
Republic Act No. 10361 (Batas Kasambahay)	Statute	Establishes wages, rest periods, leave, 13th month pay, social insurance coverage and termination rules for domestic workers	Binding law
RA 10361, Section 24	Statute provision	Regional Tripartite Wages and Productivity Boards fix and periodically adjust the kasambahay minimum wage	Binding law
Wage Order No. NCR-DW-06 (RTWPB-NCR)	Regional wage order	Sets the NCR kasambahay minimum wage at ₱7,800/month, effective February 1, 2026	Binding regional wage rate
Wage Order No. RBV-DW-04 (RTWPB-V)	Regional wage order	Sets the Bicol Region kasambahay minimum wage at ₱6,000/month	Binding regional wage rate
Atienza v. Saluta, G.R. No. 233413, June 17, 2019	Supreme Court jurisprudence	A family driver falls outside Batas Kasambahay coverage and is instead governed by the Civil Code	Controlling jurisprudence on scope of coverage

Who Is a Kasambahay Under the Law?

RA 10361 defines a “domestic worker” or “kasambahay” as any person engaged in domestic work within an employment relationship, such as — but not limited to — general househelp, a nursemaid or “yaya,” a cook, a gardener, or a laundry person.^[1] The law excludes anyone who performs domestic work only occasionally or sporadically, and not on an occupational basis — for example, someone hired for a single event or a one-time cleaning job is not a kasambahay for purposes of the Act.^[1]

Notably, the illustrative list in Section 4(d) does not include a family driver. The Supreme Court confirmed in Atienza v. Saluta that a person hired specifically to drive a household’s private vehicle is not a kasambahay under RA 10361 — the old Labor Code provisions on household service having been expressly repealed, a family driver’s rights on termination are instead governed by the Civil Code, which provides a more limited remedy than Batas Kasambahay does.^[4] This distinction matters in practice: a household that also employs a driver should not assume the same wage floor, rest-day rules or termination process automatically apply to that role.

Kasambahay employed to work in commercial or business establishments, rather than a household, are not covered by RA 10361 either — the Act applies specifically to domestic work performed for a household. Someone doing the same tasks (cooking, cleaning) as staff of a business is instead a regular Labor Code employee of that business.

Wages and Minimum Pay Rates

Unlike the private-sector minimum wage, which Wage Orders express as a daily rate, RA 10361 fixes the kasambahay minimum wage as a monthly rate, and it is set region by region by the same Regional Tripartite Wages and Productivity Boards (RTWPBs) that set private-sector wages.^[1][2] When RA 10361 took effect in 2013, it set baseline monthly rates of ₱2,500 for NCR, ₱2,000 for chartered cities and first-class municipalities, and ₱1,500 for other municipalities — but the law itself directs the RTWPBs to review and adjust these figures periodically, and by 2026 most regions have issued several rounds of kasambahay-specific wage orders well above those 2013 baseline figures.^[1]

Two concrete, current examples: in the National Capital Region, Wage Order No. NCR-DW-06 raised the kasambahay minimum wage to ₱7,800 a month, effective February 1, 2026, an increase of ₱800 from the prior ₱7,000 rate.^[2] In the Bicol Region, Wage Order No. RBV-DW-04 set the kasambahay minimum wage at ₱6,000 a month.^[3] Rates differ by region and are revised on their own schedule, so a household employer or kasambahay who wants the exact current rate for a specific province or city should check the applicable RTWPB wage order rather than rely on a single nationwide figure — the same caution that applies to LaborCode.ph’s broader minimum wage guide for private-sector rates.

Wages must be paid in cash, directly to the kasambahay, at least once a month.^[1] Payment through promissory notes, vouchers, coupons, tokens or any other form that is not legal tender is unlawful, and an employer may not interfere with how a kasambahay chooses to spend or dispose of their own wages.^[1] Withholding wages, or any part of them, for any reason not authorized by law or the kasambahay’s own written consent, is likewise unlawful.^[1]

Rest Periods and the Weekly Rest Day

RA 10361 gives a kasambahay two separate, mandatory rest entitlements. First, an aggregate daily rest period of 8 hours — time the kasambahay is not required to be on call or performing tasks.^[1] Second, at least 24 consecutive hours of rest in a week.^[1] The specific weekly rest day is set by agreement between employer and kasambahay, with the law directing that the worker’s religious preferences be considered when scheduling it.^[1]

These rest-period rules exist independently of the wage and leave provisions discussed below — an employer cannot substitute extra pay for the weekly rest day as a matter of course, because the entitlement is to actual rest time, not merely to premium compensation for working through it.

Leave Benefits and 13th Month Pay

A kasambahay who has rendered at least one year of service is entitled to an annual service incentive leave of 5 days with pay.^[1] This mirrors the 5-day figure private-sector employees typically receive under Article 95 of the Labor Code, but the mechanics differ in one important respect: RA 10361 expressly makes the kasambahay’s leave non-cumulative and non-convertible to cash if unused.^[1] That is a stricter rule than the private-sector Service Incentive Leave, which is generally convertible to its cash equivalent at year-end if unused — see LaborCode.ph’s guide to Service Incentive Leave for the private-sector version of the same 5-day figure.

13th month pay is mandatory for kasambahay under RA 10361, in the same manner already required of employers generally under Presidential Decree No. 851.^[1] There is no separate, reduced 13th-month formula for household workers — the usual one-twelfth-of-total-basic-salary-earned-within-the-calendar-year computation applies, and it must be paid on or before December 24 like any other employee’s 13th month pay.

Board, Lodging and Basic Necessities

Beyond cash wages, RA 10361 obligates a household employer to provide the kasambahay’s basic necessities: at least three adequate meals a day, and humane sleeping arrangements that ensure the worker’s safety.^[1] The employer must also extend appropriate assistance in case of illness or injury sustained during service, without loss of benefits.^[1] These in-kind necessities are provided on top of, not instead of, the minimum cash wage — an employer cannot deduct the value of meals or lodging from the kasambahay’s wage to bring take-home pay below the legal minimum unless the kasambahay has given informed, written consent to a specific, reasonable deduction.

Kasambahay vs Regular Private-Sector Employees

Feature	Kasambahay (RA 10361)	Regular Private-Sector Employee (Labor Code)
Governing law	Republic Act No. 10361 (Batas Kasambahay)	Labor Code of the Philippines (PD 442)
Minimum wage unit	Fixed as a monthly rate by the RTWPB	Fixed as a daily rate by the RTWPB
Weekly rest day	At least 24 consecutive hours, schedule set by agreement	At least 24 consecutive hours after six consecutive working days
Service Incentive Leave	5 days after 1 year; non-cumulative, non-convertible to cash	5 days after 1 year; generally convertible to cash if unused
13th month pay	Mandatory, same computation as PD 851	Mandatory under PD 851
Social insurance	SSS/PhilHealth/Pag-IBIG after 1 month of service; employer generally shoulders premiums	SSS/PhilHealth/Pag-IBIG from date of hiring; premiums shared per statutory schedule
Termination notice (indefinite engagement)	5 days’ notice by either party	30 days’ notice for employee resignation; twin-notice due process for employer-initiated dismissal
Dispute forum	Barangay, DOLE Regional/Field Office, or the courts, depending on the claim	DOLE SEnA, then NLRC or DOLE Regional Director depending on the claim

Employment Contract, Pre-Employment Requirements and Barangay Registration

RA 10361 requires a written employment contract before a kasambahay begins work, covering duties and responsibilities, the period of employment, compensation, authorized deductions, hours of work and applicable additional-pay rates, rest days and leave entitlements, board and lodging arrangements, and the terms of termination.^[1] Before signing, an employer may require the prospective kasambahay to present a medical or health certificate from a local government health officer, a barangay and police clearance, an NBI clearance, and a duly authenticated birth certificate or another document showing age, such as a voter’s ID, baptismal record, or passport.^[1]

Once employed, the law requires the employer to register the kasambahay with the barangay where the employer resides, through the barangay’s Registry of Domestic Workers.^[1] This registration is separate from — and does not substitute for — the SSS, PhilHealth and Pag-IBIG enrollment discussed below. An employer must also issue a certificate of employment within 5 days of a kasambahay’s request, stating at minimum the nature and duration of the service rendered.^[1] LaborCode.ph’s general guide to the Certificate of Employment covers the parallel private-sector rule, including what a compliant certificate must and must not contain.

A kasambahay who has rendered at least one month of service must be covered by the Social Security System, PhilHealth, and the Home Development Mutual Fund (Pag-IBIG).^[1] As a general rule, the employer shoulders the full premium for these programs on the kasambahay’s behalf.^[1] The one exception in the law: if the kasambahay is receiving a monthly wage of ₱5,000 or more, the kasambahay pays the proportionate employee share of the premiums, consistent with how those programs are funded for other workers at that income level.^[1] An employer who deducts a kasambahay’s share but fails to remit it to SSS, PhilHealth or Pag-IBIG faces the same exposure any employer faces for non-remittance — separate from any liability under RA 10361 itself.

Termination: Grounds, Notice and Indemnity

RA 10361 gives both the kasambahay and the household employer defined grounds to end the employment relationship, plus a notice-and-indemnity structure that applies when a relationship without a fixed term is ended.

Grounds a kasambahay may invoke to end the employment

Under Section 33, a kasambahay may terminate the employment relationship before the expiration of the contract for any of the following:^[1]

Verbal or emotional abuse of the kasambahay by the employer or any member of the household.
Inhuman treatment, including physical abuse of the kasambahay by the employer or a household member.
Commission of a crime or offense against the kasambahay by the employer or a household member.
Violation by the employer of the terms and conditions of the employment contract and other standards set by law.
Any disease prejudicial to the health of the kasambahay, the employer, or household members.
Other causes analogous to the foregoing.

Grounds an employer may invoke to end the employment

Under Section 34, an employer may terminate the employment of a kasambahay before the expiration of the contract for any of the following:^[1]

Misconduct or willful disobedience by the kasambahay of the employer’s lawful orders in connection with the worker’s duties.
Gross or habitual neglect, or inefficiency, by the kasambahay in the performance of duties.
Fraud or willful breach of the trust reposed in the kasambahay by the employer.
Commission of a crime or offense by the kasambahay against the employer or any member of the employer’s household.
Violation by the kasambahay of the terms and conditions of the employment contract and other standards set by law.
Any disease prejudicial to the health of the kasambahay, the employer, or household members.
Other causes analogous to the foregoing.

Notice period and indemnity for engagements with no fixed term

Where the employment relationship has no fixed term, either the employer or the kasambahay may end the working relationship by giving notice 5 days before the intended termination date.^[1] If the employer ends the relationship without a just cause under Section 34 and without observing this notice, the kasambahay is entitled to an indemnity equal to 15 days’ wages.^[1] Conversely, if the kasambahay leaves the employer’s service without a justifiable reason under Section 33, any unpaid salary due for a period not exceeding 15 days is forfeited.^[1]

Nothing in RA 10361 requires either side to go through the twin-notice procedure that applies to just-cause dismissals of regular Labor Code employees; the household-employment relationship follows the simpler notice-and-cause structure described above instead.

Prohibited Acts and Employer Violations

RA 10361 identifies several specific acts as unlawful, separate from the wage, rest and leave rules already discussed:^[1]

Requiring a deposit from the kasambahay as a guarantee against loss of or damage to tools, equipment or property.
Placing a kasambahay under debt bondage — using an actual or supposed debt to compel service.
Employing a person below 15 years of age as a kasambahay; employment of workers who are minors but above that age remains subject to the child-labor safeguards under RA 7610, discussed in LaborCode.ph’s Child Labor Law guide.
Interfering with the kasambahay’s freedom to dispose of their own wages as they see fit.
Withholding wages, directly or indirectly, for reasons not authorized by law.

Any person found guilty of violating a provision of RA 10361 that the law declares unlawful faces a fine of not less than ₱10,000 but not more than ₱40,000.^[1] This penalty is separate from, and does not preclude, a civil claim by the kasambahay for unpaid wages, benefits or indemnity.

Supreme Court Cases on Kasambahay Coverage

Atienza v. Saluta

G.R. No. 233413, June 17, 2019. A household hired a personal driver who was paid a fixed monthly amount. After a vehicle accident required the driver to renew his license, he failed to report back to work; he claimed he had been verbally dismissed, while the household head claimed he had abandoned the job. The Court of Appeals had ruled in the driver’s favor, but the Supreme Court reversed. It held that the driver, having failed to present clear and positive evidence of an actual dismissal, could not simply rely on bare assertions — the burden of proving an employer-employee relationship and an actual termination rests on the person claiming to have been dismissed. More significantly for kasambahay purposes, the Court confirmed that a family driver is not covered by RA 10361: because the old Labor Code household-service provisions were expressly repealed by the Domestic Workers Act, and the Domestic Workers Act’s illustrative list of covered roles does not include a driver, a family driver’s rights on termination are instead governed by Articles 1689, 1697 and 1699 of the Civil Code, which provide a more limited remedy — compensation already earned, plus indemnity equivalent to 15 days’ pay for unjust dismissal.^[4]

Practical lesson: Not every household worker is a kasambahay under RA 10361. A family driver’s rights on dismissal are narrower than a kasambahay’s, and a household that wants a driver protected the same way its kasambahay are protected must say so expressly in the driver’s own employment contract — the statute will not do it automatically.

Common Problems and Red Flags

No written contract at all. Without a signed contract stating wages, duties, rest days and terms of termination, disputes over what was actually agreed become much harder to resolve.
Wages below the current regional kasambahay minimum. Because rates are set separately from the private-sector minimum wage and updated on their own schedule, a rate that was compliant a few years ago may no longer be.
SSS, PhilHealth or Pag-IBIG deductions that are never remitted. A kasambahay who sees deductions on record but finds no actual contributions posted with the agency should raise this in writing and, if unresolved, report it to the agency directly.
No weekly rest day, or a rest day that is routinely cancelled without the kasambahay’s agreement. A single verbal understanding at hiring does not permit an employer to unilaterally cancel rest days indefinitely afterward.
Confiscation of personal identification documents by the employer, which functions as a form of control the law does not authorize and can be evidence of debt bondage or coercion.
Being required to also perform work for the employer’s business, such as a family store or restaurant, rather than purely household tasks — this can raise questions about whether the true relationship is still “domestic work” under RA 10361 or has shifted into ordinary Labor Code employment for that business.
No certificate of employment issued on request, which can make it difficult for a kasambahay to document work history when applying for a new position.

What to Do Next

If you are a kasambahay

Get the employment terms in writing if you do not already have a signed contract, including wage, rest day, leave and termination terms.
Check the current RTWPB wage order for your region to confirm your wage meets or exceeds the applicable kasambahay minimum.
Keep your own record of hours, rest days and any leave taken, since informal households rarely keep formal timekeeping records.
Confirm your SSS, PhilHealth and Pag-IBIG contributions are actually posted, not just deducted, by checking your records with each agency.
Raise problems with your employer in writing first where it is safe to do so, so there is a record of the request.
Bring unresolved wage, benefit or termination disputes to the barangay or the nearest DOLE Field Office if a direct conversation with the employer does not resolve the issue.

If you are a household employer

Put a written employment contract in place before the kasambahay starts work, covering all the elements RA 10361 requires.
Register the kasambahay with the barangay’s Registry of Domestic Workers.
Confirm the wage you are paying meets or exceeds the current RTWPB wage order for your specific region — not an outdated figure from a prior year.
Enroll the kasambahay in SSS, PhilHealth and Pag-IBIG once one month of service is completed, and remit contributions on schedule.
Keep records of wage payments, rest days granted, and leave availed, even if informally, so both sides have a shared reference if a dispute arises.
Issue a certificate of employment within 5 days of any request.

Employer Compliance Checklist

Written employment contract signed before work begins, covering wages, duties, hours, rest days, leave, board/lodging and termination terms.
Kasambahay registered with the barangay’s Registry of Domestic Workers.
Current regional kasambahay minimum wage confirmed against the latest RTWPB wage order, not an outdated rate.
Wages paid in cash, directly to the kasambahay, at least once a month, with no unauthorized deductions.
At least 8 hours of daily rest and at least 24 consecutive hours of weekly rest actually observed.
5-day annual service incentive leave granted after one year of service.
13th month pay computed and paid on or before December 24.
SSS, PhilHealth and Pag-IBIG registration completed after one month of service, with premiums remitted on schedule.
Adequate meals and safe sleeping arrangements provided as basic necessities.
Certificate of employment issued within 5 days of any request.

Frequently Asked Questions

Is a family driver considered a kasambahay under Philippine law?

No. The Supreme Court held in Atienza v. Saluta that a family driver is not covered by RA 10361’s illustrative list of domestic worker roles. A driver’s rights on termination are instead governed by the Civil Code, which provides a narrower remedy than the Domestic Workers Act does.

What is the minimum wage for a kasambahay in 2026?

It depends on the region, because kasambahay minimum wages are set by each Regional Tripartite Wages and Productivity Board and updated on their own schedule — for example, ₱7,800 a month in the National Capital Region under Wage Order NCR-DW-06, and ₱6,000 a month in the Bicol Region under Wage Order RBV-DW-04. Always check the wage order currently in force for the specific region where the kasambahay works.

Can a kasambahay convert unused service incentive leave to cash?

No. Unlike the private-sector Service Incentive Leave under the Labor Code, RA 10361 expressly makes a kasambahay’s 5-day annual leave non-cumulative and non-convertible to cash if it goes unused.

Does a kasambahay need to be enrolled in SSS, PhilHealth and Pag-IBIG?

Yes, once the kasambahay has rendered at least one month of service. The employer generally pays the full premium, except that a kasambahay earning ₱5,000 or more a month pays the proportionate employee share, the same way other covered workers at that income level do.

How much notice must an employer give before ending a kasambahay’s employment?

For an employment relationship with no fixed term, either party must give 5 days’ notice before ending it. If the employer ends the relationship without just cause and without that notice, the kasambahay is entitled to an indemnity equal to 15 days’ wages.

Can a household employer require a deposit from a kasambahay to cover possible damage to household property?

No. RA 10361 makes it unlawful to require a kasambahay to post a deposit as a guarantee against loss of or damage to tools, equipment or property.

Where can a kasambahay bring a complaint about unpaid wages or benefits?

A kasambahay can raise the matter with the barangay first, and may also bring a complaint to the nearest DOLE Field Office. Depending on the nature and amount of the claim, the matter may ultimately be resolved through DOLE’s Single Entry Approach, the courts, or another appropriate forum.

Conclusion

Kasambahay in the Philippines are not left to whatever arrangement a household and a domestic worker happen to agree on informally. Republic Act No. 10361 sets enforceable floors on wages, rest periods, leave, 13th month pay and social insurance coverage, and it lays out a defined process — grounds, notice and indemnity — for how the employment relationship may end. Because the wage rate and some of the mechanics differ meaningfully from the private-sector Labor Code rules many households are more familiar with, both kasambahay and their employers benefit from checking the current regional wage order and the actual text of RA 10361 rather than relying on assumptions carried over from ordinary employment. Where a specific role, like a family driver, falls outside the Act’s coverage, the safer course is to say so — and to spell out equivalent protections — directly in that worker’s own employment contract.

Sources and Legal Citations

Statute

[1] Republic Act No. 10361, An Act Instituting Policies for the Protection and Welfare of Domestic Workers (Batas Kasambahay), Supreme Court E-Library. Supports: the wage, rest period, leave, 13th month pay, social insurance, contract, registration, termination and prohibited-acts rules discussed throughout this guide. Status: verified official source.

Wage Orders

[2] National Wages and Productivity Commission, Kasambahays in NCR to Receive ₱800 Monthly Minimum Wage Increase (Wage Order No. NCR-DW-06). Supports: the current NCR kasambahay minimum wage of ₱7,800/month. Status: verified official source.

[3] National Wages and Productivity Commission, Latest Wage Orders Matrix 2025-2026 (Wage Order Nos. NCR-DW-06 and RBV-DW-04). Supports: the current Bicol Region (Region V) kasambahay minimum wage of ₱6,000/month and confirmation of the NCR rate. Status: verified official source.

Supreme Court Decisions

[4] Celia R. Atienza v. Noel Sacramento Saluta, G.R. No. 233413, June 17, 2019, Supreme Court of the Philippines, Supreme Court E-Library. Supports: a family driver is not covered by RA 10361 and is instead governed by the Civil Code on termination remedies. Status: verified official source.

Prepared by: LaborCode.ph Editorial Team
Editorial review: Reviewed under the LaborCode.ph Content Review Policy
Sources rechecked as of: September 10, 2026
Last materially reviewed: September 10, 2026
Article-level legal review status: No named lawyer-review credit has been assigned to this article.
Legal review invitation: Qualified Philippine labor lawyers interested in reviewing this article or suggesting a correction may contact LaborCode.ph.

This guide is for general educational and legal-information purposes only and is not legal advice. Kasambahay wage rates, benefits and termination outcomes depend on specific facts, the applicable regional wage order, and current jurisprudence. Checklists and examples are illustrative and do not guarantee a legal result. Kasambahay and household employers may need assistance from DOLE, the barangay, another appropriate government authority, or a qualified Philippine labor lawyer. LaborCode.ph is an independent information platform and is not a government agency, tribunal or law firm.