Real Talk
Kasambahay Law: What are the Rights of Your Household Help
Household helpers play a vital role in every home and family. This is why the Kasambahay Law exists—to protect both employer and kasambahay.
The services and dedication of domestic workers or kasambahays provide invaluable comfort and ease to every Filipino home—especially for busy, working parents and their kids. In fact, there’s a reason we call them kasambahay. They are with us in our house therefore we should also treat them as part of the family. However, there are some employers who tend to abuse them. This is why in 2018, Congress passed Republic Act No. 10361, known as the Kasambahay Law or Domestic Workers Act.
The Kasambahay Law addresses the specific needs and concerns of domestic workers. Additionally, it protects them from experiencing abuse and violence from their employers.
The Definition of a Kasambahay
The Kasambahay Law defines a domestic worker as any person engaged in domestic work within an employment relationship such as general house help, nursemaid, nanny or yaya, cook, gardener, or laundry person. It excludes any person who performs domestic work only occasionally or sporadically and not on an occupational basis.
However, under the law’s implementing rules, service providers, family drivers, and children under foster family arrangements are not covered as kasambahay. Meanwhile, domestic work refers to work performed in or for a household. Employers cannot employ a kasambahay below 15 years old.
Rights and Privileges of a Kasambahay
Rest and Day Off
In a day, a kasambahay must have a total rest period of eight hours. Additionally, they are entitled to a day off once a month. Depending on the employer and the kasambahay’s agreement, there are domestic workers from provinces who choose to collect their leaves and go on an annual vacation to visit their families.
Minimum Wage
The Regional Tripartite and Productivity Wage Boards (RTPWBs) sets the minimum wage for a kasambahay. In Metro Manila, the current minimum wage for a kasambahay is P6,000 a month. The employer must pay the wages in cash at least once a month. However, some helpers prefer twice a month, so it depends on the employer’s agreement with them.
Labor Standards
Like any employee, a kasambahay is also entitled to a 13th-month pay as provided by law. After one year of service rendered, he or she becomes entitled to an annual service incentive leave of five days with pay. Unused leaves cannot be carried over to succeeding years. Moreover, these are non-convertible to cash.
Government Benefits
A kasambahay with at least a month of service shall be covered by the Social Security System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home Development Mutual Fund or Pag-IBIG. The employer shall shoulder the contribution and premium payments. The kasambahay and employer can discuss who will be making the contributions to SSS, PhilHealth, and Pag-IBIG—so long as the employer covers the payments.
Treating a Kasambahay
Employers and any member of the household should not abuse or harass their kasambahays in any form—whether physical or verbal. The employer must provide the necessities such as food and a decent living arrangement, too. Some employers even provide toiletries and groceries as additional benefits. Moreover, the employer shall provide appropriate rest and assistance to the domestic worker in case of illnesses and injuries sustained during service without loss of benefits.
Just like any person, a kasambahay has the right to privacy as well. The law guarantees this right, which must be respected even in the household of the employer. The employer can also provide the kasambahay basic education and allow access to higher education. Many employers have provided this to their long-staying kasambahays as an added benefit.
Kasambahays deserve to be treated with dignity and respect and that’s what the Kasambahay Law is for
For busy moms and dads who have no time to do the chores at home, kasambahays are truly a blessing. They may not be perfect but if they are trustworthy, show compassion, and genuinely care for the whole family, then they deserve to be treated with dignity, respect, and more.
More stories related to kasambahays:
Isabelle Daza Releases Children’s Book Inspired by Her Nanny
5 Common Kasambahay Issues and How to Handle It
Remembering Flora Gasser: The “Yaya” of Philippine Telenovela
