LABOR STAN (Sept 18) Special Laws PDF

LABOR
STANDARDS
SEPT 18
READING
ASSIGNMENT
SPECIAL LAWS
June 21, 2011
REPUBLIC ACT NO. 10151
AN ACT ALLOWING THE EMPLOYMENT OF NIGHT WORKERS, THEREBY REPEALING

ARTICLES 130 AND 131 OF PRESIDENTIAL DECREE NUMBER FOUR HUNDRED
FORTY-TWO, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE
PHILIPPINES
SECTION 1. Article 130 of the Labor Code is hereby repealed. aSATHE
SECTION 2. Article 131 of the Labor Code is hereby repealed.

SECTION 3. The subsequent articles in Book Three, Title III, Chapter I to
Chapter IV of Presidential Decree No. 442 are hereby renumbered accordingly.
SECTION 4. A new chapter is hereby inserted after Book Three, Title III of
Presidential Decree No. 442, to read as follows:
"Chapter V
"Employment of Night Workers
"Art. 154. Coverage. — This chapter shall apply to all persons, who
shall be employed or permitted or suffered to work at night, except those
employed in agriculture, stock raising, shing, maritime transport and inland
navigation, during a period of not less than seven (7) consecutive hours, including
the interval from midnight to ve o'clock in the morning, to be determined by the
Secretary of Labor and Employment, after consulting the workers'
representatives/labor organizations and employers.
"Night worker' means any employed person whose work requires
performance of a substantial number of hours of night work which exceeds a
speci ed limit. This limit shall be xed by the Secretary of Labor after consulting
the workers' representatives/labor organizations and employers."
"Art. 155. Health Assessment. — At their request, workers shall have the
right to undergo a health assessment without charge and to receive advice on
how to reduce or avoid health problems associated with their work:
"(a) Before taking up an assignment as a night worker;

"(b) At regular intervals during such an assignment; and
"(c) If they experience health problems during such an

assignment which are not caused by factors other than the performance of
night work. TSIaAc
"With the exception of a nding of un tness for night work, the ndings of
such assessments shall not be transmitted to others without the workers' consent
and shall not be used to their detriment."
"Art. 156. Mandatory Facilities. — Suitable rst-aid facilities shall be

made available for workers performing night work, including arrangements where
such workers, where necessary, can be taken immediately to a place for
appropriate treatment. The employers are likewise required to provide safe and
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healthful working conditions and adequate or reasonable facilities such as
sleeping or resting quarters in the establishment and transportation from the work
premises to the nearest point of their residence subject to exceptions and
guidelines to be provided by the DOLE."
"Art. 157. Transfer. — Night workers who are certi ed as un t for night
work, due to health reasons, shall be transferred, whenever practicable, to a
similar job for which they are fit to work.
"If such transfer to a similar job is not practicable, these workers shall be
granted the same bene ts as other workers who are unable to work, or to secure
employment during such period.
"A night worker certi ed as temporarily un t for night work shall be given
the same protection against dismissal or notice of dismissal as other workers
who are prevented from working for reasons of health."
"Art. 158. Women Night Workers. — Measures shall be taken to ensure that
an alternative to night work is available to women workers who would otherwise
be called upon to perform such work:
"(a) Before and after childbirth, for a period of at least sixteen

(16) weeks, which shall be divided between the time before and after
childbirth;
"(b) For additional periods, in respect of which a medical

certi cate is produced stating that said additional periods are necessary
for the health of the mother or child:
"(1) During pregnancy; cHSIDa
"(2) During a speci ed time beyond the period, after

childbirth is xed pursuant to subparagraph (a) above, the length of
which shall be determined by the DOLE after consulting the labor
organizations and employers.
"During the periods referred to in this article:

"(i) A woman worker shall not be dismissed or given
notice of dismissal, except for just or authorized causes provided
for in this Code that are not connected with pregnancy, childbirth
and childcare responsibilities.
"(ii)A woman worker shall not lose the bene ts regarding her
status, seniority, and access to promotion which may attach to her
regular night work position.
"Pregnant women and nursing mothers may be allowed to work at night

only if a competent physician, other than the company physician, shall certify
their tness to render night work, and specify, in the case of pregnant employees,
the period of the pregnancy that they can safely work.
"The measures referred to in this article may include transfer to day work
where this is possible, the provision of social security bene ts or an extension of
maternity leave.
"The provisions of this article shall not have the effect of reducing the
protection and benefits connected with maternity leave under existing laws."
"Art. 159. Compensation. — The compensation for night workers in the
form of working time, pay or similar bene ts shall recognize the exceptional
nature of night work."
"Art. 160. Social Services. — Appropriate social services shall be

provided for night workers and, where necessary, for workers performing night
work." IHEDAT
"Art. 161. Night Work Schedules. — Before introducing work schedules

requiring the services of night workers, the employer shall consult the workers'
representatives/labor organizations concerned on the details of such schedules
and the forms of organization of night work that are best adapted to the
establishment and its personnel, as well as on the occupational health measures
and social services which are required. In establishments employing night
workers, consultation shall take place regularly."
SECTION 5. The subsequent articles starting from Book Four, Title I, Chapter
I of Presidential Decree No. 442 are hereby renumbered accordingly.
SECTION 6. Application. — The measures referred to in this chapter shall be
applied not later than six (6) months from the effectivity of this Act.
SECTION 7. Guidelines. — The DOLE shall promulgate appropriate
regulations in addition to existing ones to ensure protection, safety and welfare of night
workers.
SECTION 8. Penalties. — Any violation of this Act, and the rules and
regulations issued pursuant hereof shall be punished with a ne of not less than Thirty
thousand pesos (P30,000.00) nor more than Fifty thousand pesos (P50,000.00) or
imprisonment of not less than six (6) months, or both, at the discretion of the court. If
the offense is committed by a corporation, trust, rm, partnership or association, or
other entity, the penalty shall be imposed upon the guilty o cer or o cers of such
corporation, trust, firm, partnership or association, or entity.
SECTION 9. Separability Clause. — If any portion of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions not affected thereby.
SECTION 10. Repealing Clause. — All laws, acts, decrees, executive orders,
rules and regulations or other issuances or parts thereof, which are inconsistent with
this Act, are hereby modified and repealed.
SECTION 11. Effectivity Clause. — This Act shall take effect after fteen (15)
days following its publication in two (2) national newspapers of general circulation. ISADET
Approved: June 21, 2011.

January 18, 2013
REPUBLIC ACT NO. 10361
AN ACT INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF

DOMESTIC WORKERS
ARTICLE I
General Provisions
SECTION 1. Short Title. — This Act shall be known as the "Domestic Workers
Act" or "Batas Kasambahay". cDCaTS
SECTION 2. Declaration of Policies. — It is hereby declared that:

(a) The State strongly af rms labor as a primary social force and is
committed to respect, promote, protect and realize the fundamental
principles and rights at work including, but not limited to, abolition of child
labor, elimination of all forms of forced labor, discrimination in
employment and occupation, and traf cking in persons, especially women
and children;
(b) The State adheres to internationally accepted working conditions for
workers in general, and establishes labor standards for domestic workers
in particular, towards decent employment and income, enhanced coverage
of social protection, respect for human rights and strengthened social
dialogue;
(c) The State recognizes the need to protect the rights of domestic workers
against abuse, harassment, violence, economic exploitation and
performance of work that is hazardous to their physical and mental health;
and
(d) The State, in protecting domestic workers and recognizing their special
needs to ensure safe and healthful working conditions, promotes gender-
sensitive measures in the formulation and implementation of policies and
programs affecting the local domestic work.
SECTION 3. Coverage. — This Act applies to all domestic workers employed
and working within the country.
SECTION 4. Definition of Terms. — As used in this Act, the term:
(a) Debt bondage refers to the rendering of service by the domestic worker
as security or payment for a debt where the length and nature of service is
not clearly de ned or when the value of the service is not reasonably
applied in the payment of the debt.
(b) Deployment expenses refers to expenses that are directly used for the
transfer of the domestic worker from place of origin to the place of work
covering the cost of transportation. Advances or loans by the domestic
worker are not included in the definition of deployment expenses.
(c) Domestic work refers to work performed in or for a household or
households. EDCIcH
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(d) Domestic worker or "Kasambahay" refers to any person engaged in
domestic work within an employment relationship such as, but not limited
to, the following: general househelp, nursemaid or "yaya", cook, gardener,
or laundry person, but shall exclude any person who performs domestic
work only occasionally or sporadically and not on an occupational basis.
The term shall not include children who are under foster family arrangement, and
are provided access to education and given an allowance incidental to
education, i.e., "baon", transportation, school projects and school activities.
(e) Employer refers to any person who engages and controls the services of
a domestic worker and is party to the employment contract.
(f) Household refers to the immediate members of the family or the
occupants of the house that are directly provided services by the domestic
worker.
(g) Private Employment Agency (PEA) refers to any individual, legitimate
partnership, corporation or entity licensed to engage in the recruitment
and placement of domestic workers for local employment.
(h) Working children, as used under this Act, refers to domestic workers who
are fifteen (15) years old and above but below eighteen (18) years old.
ARTICLE II
Rights and Privileges
SECTION 5. Standard of Treatment. — The employer or any member of the
household shall not subject a domestic worker or "kasambahay" to any kind of abuse
nor in ict any form of physical violence or harassment or any act tending to degrade
the dignity of a domestic worker.
SECTION 6. Board, Lodging and Medical Attendance. — The employer shall
provide for the basic necessities of the domestic worker to include at least three (3)
adequate meals a day and humane sleeping arrangements that ensure safety.
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. DCAEcS
At no instance shall the employer withdraw or hold in abeyance the provision of

these basic necessities as punishment or disciplinary action to the domestic worker.
SECTION 7. Guarantee of Privacy. — Respect for the privacy of the domestic
worker shall be guaranteed at all times and shall extend to all forms of communication
and personal effects. This guarantee equally recognizes that the domestic worker is
obliged to render satisfactory service at all times.
SECTION 8. Access to Outside Communication. — The employer shall grant
the domestic worker access to outside communication during free time: Provided, That
in case of emergency, access to communication shall be granted even during work
time. Should the domestic worker make use of the employer's telephone or other
communication facilities, the costs shall be borne by the domestic worker, unless such
charges are waived by the employer.
SECTION 9. Right to Education and Training. — The employer shall afford the
domestic worker the opportunity to nish basic education and may allow access to
alternative learning systems and, as far as practicable, higher education or technical
and vocational training. The employer shall adjust the work schedule of the domestic
worker to allow such access to education or training without hampering the services
required by the employer.
SECTION 10. Prohibition Against Privileged Information. — All
communication and information pertaining to the employer or members of the
household shall be treated as privileged and con dential, and shall not be publicly
disclosed by the domestic worker during and after employment. Such privileged
information shall be inadmissible in evidence except when the suit involves the
employer or any member of the household in a crime against persons, property,
personal liberty and security, and chastity. SADECI
ARTICLE III
Pre-Employment
SECTION 11. Employment Contract. — An employment contract shall be
executed by and between the domestic worker and the employer before the
commencement of the service in a language or dialect understood by both the
domestic worker and the employer. The domestic worker shall be provided a copy of
the duly signed employment contract which must include the following:
(a) Duties and responsibilities of the domestic worker;
(b) Period of employment;
(c) Compensation;
(d) Authorized deductions;
(e) Hours of work and proportionate additional payment;
(f) Rest days and allowable leaves;
(g) Board, lodging and medical attention;
(h) Agreements on deployment expenses, if any;
(i) Loan agreement;
(j) Termination of employment; and
(k) Any other lawful condition agreed upon by both parties.
The Department of Labor and Employment (DOLE) shall develop a model
employment contract for domestic workers which shall, at all times, be made available
free of charge to domestic workers, employers, representative organizations and the
general public. The DOLE shall widely disseminate information to domestic workers
and employers on the use of such model employment contract. EaCDAT
In cases where the employment of the domestic worker is facilitated through a

private employment agency, the PEA shall keep a copy of all employment contracts of
domestic workers and shall be made available for veri cation and inspection by the
DOLE.
SECTION 12. Pre-Employment Requirement. — Prior to the execution of the
employment contract, the employer may require the following from the domestic
worker:
(a) Medical certificate or a health certificate issued by a local government
health officer;
(b) Barangay and police clearance;
(c) National Bureau of Investigation (NBI) clearance; and
(d) Duly authenticated birth certificate or if not available, any other document
showing the age of the domestic worker such as voter's identification
card, baptismal record or passport.
However, Section 12 (a), (b), (c) and (d) shall be standard requirements when the
employment of the domestic worker is facilitated through the PEA.
The cost of the foregoing shall be borne by the prospective employer or agency,
as the case may be.
SECTION 13. Recruitment and Finder's Fees. — Regardless of whether the
domestic worker was hired through a private employment agency or a third party, no
share in the recruitment or nder's fees shall be charged against the domestic worker
by the said private employment agency or third party.
SECTION 14. Deposits for Loss or Damage. — It shall be unlawful for the
employer or any other person to require a domestic worker to make deposits from
which deductions shall be made for the reimbursement of loss or damage to tools,
materials, furniture and equipment in the household.
SECTION 15. Prohibition on Debt Bondage. — It shall be unlawful for the
employer or any person acting on behalf of the employer to place the domestic worker
under debt bondage. TcDAHS
SECTION 16. Employment Age of Domestic Workers. — It shall be unlawful to

employ any person below fteen (15) years of age as a domestic worker. Employment
of working children, as de ned under this Act, shall be subject to the provisions of
Section 10 (A), paragraph 2 of Section 12-A, paragraph 4 of Section 12-D, and Section
13 of Republic Act No. 7610, as amended, otherwise known as the "Special Protection
of Children Against Child Abuse, Exploitation and Discrimination Act".
Working children shall be entitled to minimum wage, and all bene ts provided
under this Act.
Any employer who has been sentenced by a court of law of any offense against a
working child under this Act shall be meted out with a penalty one degree higher and
shall be prohibited from hiring a working child.
SECTION 17. Employer's Reportorial Duties. — The employers shall register
all domestic workers under their employment in the Registry of Domestic Workers in
the barangay where the employer's residence is located. The Department of the Interior
and Local Government (DILG) shall, in coordination with the DOLE, formulate a
registration system for this purpose.
SECTION 18. Skills Training, Assessment and Certi cation. — To ensure
productivity and assure quality services, the DOLE, through the Technical Education and
Skills Development Authority (TESDA), shall facilitate access of domestic workers to
ef cient training, assessment and certi cation based on a duly promulgated training
regulation.
ARTICLE IV
Employment — Terms and Conditions
SECTION 19. Health and Safety. — The employer shall safeguard the health
and safety of the domestic worker in accordance with laws, rules and regulations, with
due consideration of the peculiar nature of domestic work.
SECTION 20. Daily Rest Period. — The domestic worker shall be entitled to an
aggregate daily rest period of eight (8) hours per day.
SECTION 21. Weekly Rest Period. — The domestic worker shall be entitled to
at least twenty-four (24) consecutive hours of rest in a week. The employer and the
domestic worker shall agree in writing on the schedule of the weekly rest day of the
domestic worker: Provided, That the employer shall respect the preference of the
domestic worker as to the weekly rest day when such preference is based on religious
grounds. Nothing in this provision shall deprive the domestic worker and the employer
from agreeing to the following:
(a) Offsetting a day of absence with a particular rest day; THESAD
(b) Waiving a particular rest day in return for an equivalent daily rate of pay;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.
SECTION 22. Assignment to Nonhousehold Work. — No domestic worker
shall be assigned to work in a commercial, industrial or agricultural enterprise at a
wage rate lower than that provided for agricultural or nonagricultural workers. In such
cases, the domestic worker shall be paid the applicable minimum wage.
SECTION 23. Extent of Duty. — The domestic worker and the employer may
mutually agree for the former to temporarily perform a task that is outside the latter's
household for the bene t of another household. However, any liability that will be
incurred by the domestic worker on account of such arrangement shall be borne by the
original employer. In addition, such work performed outside the household shall entitle
the domestic worker to an additional payment of not less than the existing minimum
wage rate of a domestic worker. It shall be unlawful for the original employer to charge
any amount from the said household where the service of the domestic worker was
temporarily performed.
SECTION 24. Minimum Wage. — The minimum wage of domestic workers
shall not be less than the following:
(a) Two thousand ve hundred pesos (P2,500.00) a month for those
employed in the National Capital Region (NCR);
(b) Two thousand pesos (P2,000.00) a month for those employed in
chartered cities and first class municipalities; and
(c) One thousand ve hundred pesos (P1,500.00) a month for those
employed in other municipalities.
After one (1) year from the effectivity of this Act, and periodically thereafter, the
Regional Tripartite and Productivity Wage Boards (RTPWBs) shall review, and if proper,
determine and adjust the minimum wage rates of domestic workers. IAETSC
SECTION 25. Payment of Wages. — Payment of wages shall be made on time

directly to the domestic worker to whom they are due in cash at least once a month.
The employer, unless allowed by the domestic worker through a written consent, shall
make no deductions from the wages other than that which is mandated by law. No
employer shall pay the wages of a domestic worker by means of promissory notes,
vouchers, coupons, tokens, tickets, chits, or any object other than the cash wage as
provided for under this Act.
The domestic worker is entitled to a thirteenth month pay as provided for by law.
SECTION 26. Pay Slip. — The employer shall at all times provide the domestic
worker with a copy of the pay slip containing the amount paid in cash every pay day,
and indicating all deductions made, if any. The copies of the pay slip shall be kept by
the employer for a period of three (3) years.
SECTION 27. Prohibition on Interference in the Disposal of Wages. — It shall
be unlawful for the employer to interfere with the freedom of any domestic worker to
dispose of the latter's wages. The employer shall not force, compel or oblige the
domestic worker to purchase merchandise, commodities or other properties from the
employer or from any other person, or otherwise make use of any store or services of
such employer or any other person.
SECTION 28. Prohibition Against Withholding of Wages. — It shall be unlawful
for an employer, directly or indirectly, to withhold the wages of the domestic worker. If
the domestic worker leaves without any justi able reason, any unpaid salary for a
period not exceeding fteen (15) days shall be forfeited. Likewise, the employer shall
not induce the domestic worker to give up any part of the wages by force, stealth,
intimidation, threat or by any other means whatsoever.
SECTION 29. Leave Benefits. — A domestic worker who has rendered at least
one (1) year of service shall be entitled to an annual service incentive leave of ve (5)
days with pay: Provided, That any unused portion of said annual leave shall not be
cumulative or carried over to the succeeding years. Unused leaves shall not be
convertible to cash. EASCDH
SECTION 30. Social and Other Bene ts. — A domestic worker who has
rendered at least one (1) 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, and shall be entitled to all the bene ts in
accordance with the pertinent provisions provided by law.
Premium payments or contributions shall be shouldered by the employer.
However, if the domestic worker is receiving a wage of Five thousand pesos
(P5,000.00) and above per month, the domestic worker shall pay the proportionate
share in the premium payments or contributions, as provided by law.
The domestic worker shall be entitled to all other benefits under existing laws.
SECTION 31. Rescue and Rehabilitation of Abused Domestic Workers. — Any
abused or exploited domestic worker shall be immediately rescued by a municipal or
city social welfare of cer or a social welfare of cer from the Department of Social
Welfare and Development (DSWD) in coordination with the concerned barangay
of cials. The DSWD and the DILG shall develop a standard operating procedure for the
rescue and rehabilitation of abused domestic workers, and in coordination with the
DOLE, for possible subsequent job placement.
ARTICLE V
Post Employment
SECTION 32. Termination of Service. — Neither the domestic worker nor the
employer may terminate the contract before the expiration of the term except for
grounds provided for in Sections 33 and 34 of this Act. If the domestic worker is
unjustly dismissed, the domestic worker shall be paid the compensation already earned
plus the equivalent of fteen (15) days work by way of indemnity. If the domestic
worker leaves without justi able reason, any unpaid salary due not exceeding the
equivalent fteen (15) days work shall be forfeited. In addition, the employer may
recover from the domestic worker costs incurred related to the deployment expenses,
if any: Provided, That the service has been terminated within six (6) months from the
domestic worker's employment.
If the duration of the domestic service is not determined either in stipulation or
by the nature of the service, the employer or the domestic worker may give notice to
end the working relationship ve (5) days before the intended termination of the
service. ECaHSI
The domestic worker and the employer may mutually agree upon written notice
to pre-terminate the contract of employment to end the employment relationship.
SECTION 33. Termination Initiated by the Domestic Worker. — The domestic
worker may terminate the employment relationship at any time before the expiration of
the contract for any of the following causes:
(a) Verbal or emotional abuse of the domestic worker by the employer or any
member of the household;
(b) Inhuman treatment including physical abuse of the domestic worker by
the employer or any member of the household;
(c) Commission of a crime or offense against the domestic worker by the
employer or any member of the household;
(d) Violation by the employer of the terms and conditions of the employment
contract and other standards set forth under this law;
(e) Any disease prejudicial to the health of the domestic worker, the
employer, or member/s of the household; and
(f) Other causes analogous to the foregoing.
SECTION 34. Termination Initiated by the Employer. — An employer may
terminate the services of the domestic worker at any time before the expiration of the
contract for any of the following causes:
(a) Misconduct or willful disobedience by the domestic worker of the lawful
order of the employer in connection with the former's work;
(b) Gross or habitual neglect or inef ciency by the domestic worker in the
performance of duties;
(c) Fraud or willful breach of the trust reposed by the employer on the
domestic worker; aHcACT
(d) Commission of a crime or offense by the domestic worker against the

person of the employer or any immediate member of the employer's
family;
(e) Violation by the domestic worker of the terms and conditions of the
employment contract and other standards set forth under this law;
(f) Any disease prejudicial to the health of the domestic worker, the
employer, or member/s of the household; and
(g) Other causes analogous to the foregoing.
SECTION 35. Employment Certi cation. — Upon the severance of the
employment relationship, the employer shall issue the domestic worker within ve (5)
days from request a certi cate of employment indicating the nature, duration of the
service and work performance.
ARTICLE VI
Private Employment Agencies
SECTION 36. Regulation of Private Employment Agencies (PEAs). — The
DOLE shall, through a system of licensing and regulation, ensure the protection of
domestic workers hired through the PEAs.
The PEA shall be jointly and severally liable with the employer for all the wages,
wage-related benefits, and other benefits due a domestic worker.
The provision of Presidential Decree No. 442, as amended, otherwise known as
the "Labor Code of the Philippines", on quali cations of the PEAs with regard to
nationality, networth, owners and of cers, of ce space and other requirements, as well
as nontransferability of license and commission of prohibited practices, shall apply.
In addition, PEAs shall have the following responsibilities:
(a) Ensure that domestic workers are not charged or levied any recruitment
or placement fees; IEcaHS
(b) Ensure that the employment agreement between the domestic worker
and the employer stipulates the terms and conditions of employment and
all the benefits prescribed by this Act;
(c) Provide a pre-employment orientation brie ng to the domestic worker
and the employer about their rights and responsibilities in accordance with
this Act;
(d) Keep copies of employment contracts and agreements pertaining to
recruited domestic workers which shall be made available during
inspections or whenever required by the DOLE or local government
officials;
(e) Assist domestic workers with respect to complaints or grievances
against their employers; and
(f) Cooperate with government agencies in rescue operations involving
abused or exploited domestic workers.
ARTICLE VII
Settlement of Disputes
SECTION 37. Mechanism for Settlement of Disputes. — All labor-related
disputes shall be elevated to the DOLE Regional Of ce having jurisdiction over the
workplace without prejudice to the ling of a civil or criminal action in appropriate
cases. The DOLE Regional Of ce shall exhaust all conciliation and mediation efforts
before a decision shall be rendered.
Ordinary crimes or offenses committed under the Revised Penal Code and other
special penal laws by either party shall be filed with the regular courts.
ARTICLE VIII
Special Provisions
SECTION 38. Information Program. — The DOLE shall, in coordination with
the DILG, the SSS, the PhilHealth and Pag-IBIG develop and implement a continuous
information dissemination program on the provisions of this Act, both at the national
and local level, immediately after the enactment of this law. EHScCA
SECTION 39. "Araw ng mga Kasambahay". — The date upon which the
President shall approve this "Domestic Workers Act" shall be designated as the "Araw
ng mga Kasambahay".
ARTICLE IX
Penal and Miscellaneous Provisions
SECTION 40. Penalty. — Any violation of the provisions of this Act declared
unlawful shall be punishable with a ne of not less than Ten thousand pesos
(P10,000.00) but not more than Forty thousand pesos (P40,000.00) without prejudice
to the filing of appropriate civil or criminal action by the aggrieved party.
SECTION 41. Transitory Provision; Non-Diminution of Bene ts. — All existing
arrangements between a domestic worker and the employer shall be adjusted to
conform to the minimum standards set by this Act within a period of sixty (60) days
after the effectivity of this Act: Provided, That adjustments pertaining to wages shall
take effect immediately after the determination and issuance of the appropriate wage
order by the RTWPBs: Provided, further, That nothing in this Act shall be construed to
cause the diminution or substitution of any bene ts and privileges currently enjoyed by
the domestic worker hired directly or through an agency.
SECTION 42. Implementing Rules and Regulations. — Within ninety (90) days
from the effectivity of this Act, the Secretary of Labor and Employment, the Secretary of
Social Welfare and Development, the Secretary of the Interior and Local Government,
and the Director General of the Philippine National Police, in coordination with other
concerned government agencies and accredited nongovernment organizations (NGOs)
assisting domestic workers, shall promulgate the necessary rules and regulations for
the effective implementation of this Act.
ARTICLE X
Final Provisions
SECTION 43. Separability Clause. — If any provision or part of this Act is
declared invalid or unconstitutional, the remaining parts or provisions not affected shall
remain in full force and effect. DcCHTa
SECTION 44. Repealing Clause. — All articles or provisions of Chapter III

(Employment of Househelpers) of Presidential Decree No. 442, as amended and
renumbered by Republic Act No. 10151 are hereby expressly repealed. All laws,
decrees, executive orders, issuances, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modi ed
accordingly.
SECTION 45. Effectivity Clause. — This Act shall take effect fteen (15) days
after its complete publication in the Of cial Gazette or in at least two (2) national
newspapers of general circulation.
Approved: January 18, 2013.

May 9, 2013
IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10361,

OTHERWISE KNOWN AS THE "DOMESTIC WORKERS ACT" OR "BATAS KASAMBAHAY"
Pursuant to Republic Act No. 10361 entitled "An Act Instituting Policies for the
Protection and Welfare of Domestic Workers", the following implementing rules and
regulations (IRR) are hereby issued:
RULE I
General Provisions
SECTION 1. Declaration of Policies. — It is hereby declared that:
(a) The State strongly af rms labor as a primary social force and is committed
to respect, promote, protect and realize the fundamental principles and
rights at work including, but not limited to, abolition of child labor,
elimination of all forms of forced labor, discrimination in employment
and occupation, and traf cking in persons, especially women and
children; AECcTS
(b) The State adheres to internationally accepted working conditions for

workers in general, and establishes labor standards for the Kasambahay
in particular, towards decent employment and income, enhanced
coverage of social protection, respect for human rights and
strengthened social dialogue;
(c) The State recognizes the need to protect the rights of the Kasambahay
against abuse, harassment, violence, economic exploitation and
performance of work that is hazardous to their physical and mental
health;
(d) The State, in protecting the Kasambahay and recognizing their special
needs to ensure safe and healthful working conditions, promotes
gender-sensitive measures in the formulation and implementation of
policies and programs affecting the local domestic work;
(e) The State recognizes the special relations of mutual trust and respect
between the employer and the Kasambahay. It shall ensure that this
fiduciary relationship is strengthened and protected; and
(f) The State af rms the right of the Kasambahay to form, join, or assist
associations or organizations of their own choosing for their mutual
bene t and protection and for purposes of collective negotiation and
social dialogue.
SECTION 2. Coverage. — This IRR shall apply to all parties to an employment
contract for the services of the following Kasambahay, whether on a live-in or live-out
arrangement, such as but not limited to:
(a) General househelp;
(b) Yaya;

(c) Cook;
(d) Gardener;
(e) Laundry person; or
(f) Any person who regularly performs domestic work in one household on an
occupational basis.
The following are not covered:
(a) Service providers;
(b) Family drivers;
(c) Children under foster family arrangement; and
(d) Any other person who performs work occasionally or sporadically and not
on an occupational basis.
SECTION 3. Definition of Terms. — As used herein, the following terms shall mean:
(a) "Children under foster family arrangement" refers to children who are living
with a family or household of relative/s and are provided access to
education and given an allowance incidental to education, i.e., "baon",
transportation, school projects, and school activities; provided, that the
foster family and foster care arrangements are in compliance with the
procedures and requirements as prescribed by Republic Act No. 10165
or Foster Care Act of 2012.
(b) "Debt bondage" refers to the rendering of service by the Kasambahay as
security or payment for a debt where the length and nature of service is
not clearly de ned or when the value of the service is not reasonably
applied in the payment of the debt.
(c) "Deployment expenses" refers to expenses that are directly used for the
transfer of the Kasambahay from place of origin to the place of work
covering the cost of transportation, meals, communication expense, and
other incidental expenses. Advances or loans by the Kasambahay are
not included in the definition of deployment expenses. IDScTE
(d) "Domestic work" refers to work performed in or for a household.

(e) "Domestic worker" or "Kasambahay" refers to any person engaged in
domestic work within an employment relationship, whether on a live-in or
live-out arrangement, such as, but not limited to, general househelp,
"yaya", cook, gardener, or laundry person, but shall exclude service
providers, family drivers, children who are under foster family
arrangement, or any person who performs domestic work only
occasionally or sporadically and not on an occupational basis.
(f) "Employer" refers to any person who engages and controls the services of a
Kasambahay and is party to the employment contract.
(g) "Household" refers to the immediate members of the family or the
occupants of the house who are directly and regularly provided services
by the Kasambahay.

(h) "Live-out arrangement" refers to an arrangement whereby the Kasambahay
works within the employer's household but does not reside therein.
(i) "Private Employment Agency (PEA)" refers to any individual, partnership,
corporation or entity licensed by the Department of Labor and
Employment (DOLE) to engage in the recruitment and placement of
Kasambahay for local employment.
(j) "Recruitment and nder's fees" refers to charges or any amount collected by
the licensed PEA from the Kasambahay for his/her recruitment and
placement.
(k) "Working children" refers to Kasambahay who are fteen (15) years old and
above but below eighteen (18) years old.
(l) "Service provider" refers to any person or entity that carries an independent
business and undertakes to perform job, work or service on his/her own
for a household, according to his/her own manner and method, and free
from the control and direction of the employer in all matters in
connection with the performance of the work except as to the results
thereof.
RULE II
Hiring of Kasambahay
SECTION 1. Mode of Hiring. — A Kasambahay can be hired by the employer directly
or indirectly through a licensed PEA.
SECTION 2. Cost of Hiring. — The employer shall shoulder the cost of hiring of a
Kasambahay, whether he/she is hired through a licensed PEA.
In no case shall the recruitment or nder's fees be charged against the
Kasambahay.
SECTION 3. Deployment Expenses. — The employer, whether the Kasambahay is
hired directly or through a PEA, shall pay the expenses directly used for his/her transfer
from place of origin to the place of work.
The employer may recover deployment costs from the Kasambahay whenever
he/she leaves without justifiable reason within six (6) months from employment.
SECTION 4. Pre-Employment Requirements. — Prior to employment, the employer
may require the following from the Kasambahay.
(a) Medical certi cate or a health certi cate issued by a local government
health officer;
(b) Barangay and police clearance;
(c) National Bureau of Investigation (NBI) clearance; and
(d) Duly authenticated birth certi cate or if not available, any other document
showing the age of the Kasambahay such as voter's identi cation card,
baptismal record or passport.
The foregoing shall be the standard requirements when the employment of the
Kasambahay is facilitated through a PEA.
The cost of the foregoing shall be borne by the prospective employer or the agency,
as the case may be. HCTEDa

SECTION 5. Employment Contract. — Before the commencement of the service, a
written employment contract between the Kasambahay and the employer shall be
accomplished in three (3) copies. The contract shall be in a language or dialect
understood by both the Kasambahay and the employer, and shall include the following:
(a) Duties and responsibilities of the Kasambahay, including the responsibility
to render satisfactory service at all times;
(b) Period of employment;
(c) Compensation;
(d) Authorized deductions;
(e) Hours of work and proportionate additional payment;
(f) Rest days and allowable leaves;
(g) Board, lodging and medical attention;
(h) Agreements on deployment expenses, if any;
(i) Loan agreement, if any;
(j) Termination of employment; and
(k) Any other lawful condition agreed upon by both parties.
If the Kasambahay is below 18 years old, the employment contract shall be signed
by his/her parent or lawful guardian on his/her behalf.
Upon the request of either party, the Punong Barangay or his/her designated of cer
shall read and explain the contents of the contract to both parties and shall serve as its
witness.
SECTION 6. Standard Employment Contract. — The employment contract shall
conform to the Department of Labor and Employment (DOLE) Standard Employment
Contract (Kontrata sa Paglilingkod sa Tahanan) or Form BK-1 , which forms part of this
IRR. Form BK-1 is downloadable and its copies shall be made available to the public for
free through the local government units, speci cally through the barangay and the Public
Employment Service Offices (PESOs).
SECTION 7. Distribution of Copies of Employment Contract. — The employer shall
have the obligation to furnish a copy of the employment contract to the Kasambahay and
to the Office of the Punong Barangay in the barangay where the employer resides.
SECTION 8. Renewal of Contract. — Should the parties mutually agree to continue
their employment relationship upon expiration of the contract, they shall execute a new
contract to be registered with the concerned barangay pursuant to Rule IX of this IRR.
However, if the parties fail to execute a new contract, the terms and conditions of
the original contract and other improvements granted during the effectivity of said
contract are deemed renewed.
RULE III
Recruitment and Deployment of Kasambahay
SECTION 1. Regulation of Private Employment Agencies (PEAs). — The DOLE shall
maintain a system of licensing and regulation of private employment agencies to ensure
the protection of the employer and the Kasambahay recruited and hired through the
employment agencies.
The system shall provide the quali cations of the PEAs with regard to nationality,
owners and of cers, of ce space, capitalization and other requirements, as well as non-
transferability of license and prohibited practices.
SECTION 2. Requirement of License, Authority to Recruit and Authority to Establish
Branch. — The PEA shall secure a license, and if necessary, Authority to Recruit and
Authority to Establish Branch from DOLE prior to any recruitment and deployment
activities, as provided in Rules II, III and IV of the Rules and Regulations Governing Private
Recruitment and Placement Agencies for Local Employment.
The PEA shall also register with the barangay where they recruit, by presenting a
copy of its valid license and authority to recruit issued by DOLE Regional Office/s. SIAEHC
SECTION 3. Responsibilities of PEAs. — In facilitating the employment of

Kasambahay, the PEAs shall undertake the following responsibilities:
(a) Ensure that the Kasambahay is qualified as required by the employer;
(b) Secure the best terms and conditions of employment for the Kasambahay;
(c) Ensure that the employment agreement between the Kasambahay and the
employer stipulates the terms and conditions of employment and all the
benefits in accordance with this IRR;
(d) Provide a pre-employment orientation brie ng to the Kasambahay and the
employer about their rights and responsibilities in accordance with this
IRR;
(e) Ensure that the Kasambahay is not charged or required to pay any
recruitment or placement fees;
(f) Keep copies of employment contracts and agreements pertaining to
recruited Kasambahay which shall be made available during inspections
or whenever required by the DOLE or local government officials;
(g) Assist the Kasambahay in ling his/her complaints or grievances against
the employers;
(h) Cooperate with government agencies in rescue operations involving abused
or exploited Kasambahay; and
(i) Assume joint and solidary liability with the employer for payment of wages,
wage-related and other bene ts, including monthly contribution for SSS,
PhilHealth, and Pag-IBIG membership.
SECTION 4. Replacement of Kasambahay by PEAs. — Within one (1) month from the
day the Kasambahay reported for work, the employer shall be entitled to a quali ed
replacement at no additional cost if any of the following grounds occurred:
(a) The Kasambahay is found to be suffering from an incurable or contagious
disease, or mental illness as certi ed by a competent or government
physician;
(b) The Kasambahay abandons the job without justi able cause, voluntarily
resigns, commits theft or any other analogous acts prejudicial to the
employer or his/her family; or
(c) The Kasambahay is physically or mentally incapable of discharging the
minimum requirements of the job, as speci ed in the employment
contract.
The employer shall be entitled to a refund of seventy- ve percent (75%) of the fees
paid to the PEA, if the latter failed to provide a quali ed replacement after a lapse of one
(1) month from receipt of the request for replacement.
RULE IV
Rights of the Kasambahay
SECTION 1. Rights and Privileges of Kasambahay. — The rights and privileges of the
Kasambahay are as follows:
(a) Minimum wage;
(b) Other mandatory bene ts, such as the daily and weekly rest periods,
service incentive leave, and 13th month pay;
(c) Freedom from employers' interference in the disposal of wages;
(d) Coverage under the SSS, PhilHealth and Pag-IBIG laws;
(e) Standard of treatment;
(f) Board, lodging and medical attendance; CADacT
(g) Right to privacy;

(h) Access to outside communication;
(i) Access to education and training;
(j) Right to form, join, or assist labor organization;
(k) Right to be provided a copy of the employment contract as required under
Section 7, Rule II of this IRR;
(l) Right to certi cate of employment as required under Section 5, Rule VII of
this IRR;
(m) Right to terminate the employment as provided under Section 2, Rule VII of
this IRR; and
(n) Right to exercise their own religious beliefs and cultural practices.
SECTION 2. Minimum Wage. — The monthly minimum wage of the Kasambahay
shall not be less than the following:
(a) Two Thousand Five Hundred Pesos (Php2,500.00) for those employed in
the National Capital Region (NCR);
(b) Two Thousand Pesos (Php2,000.00) for those employed in cities and rst-
class municipalities; and
(c) One Thousand Five Hundred Pesos (Php1,500.00) for those employed in
other municipalities.
After one (1) year from the effectivity of the Batas Kasambahay and periodically
thereafter, the Regional Tripartite Wages and Productivity Boards (RTWPBs) shall review
and if proper, determine and adjust the monthly minimum wage rates of the Kasambahay
in accordance with their rules and regulations taking into account the peculiarities of the
Kasambahay employment arrangement.
SECTION 3. Mode of Payment of Wages. — The wages of the Kasambahay shall be
paid in cash. No payment by means of promissory notes, vouchers, coupons, tokens,
tickets, chits, or any object other than cash shall be allowed.
SECTION 4. Frequency of Payment of Wages. — The wages of the Kasambahay
shall be paid at least once a month.
SECTION 5. Daily Rest Period. — The Kasambahay shall be entitled to an aggregate
daily rest period of eight (8) hours per day.
SECTION 6. Weekly Rest Period. — The Kasambahay shall be entitled to at least
twenty-four (24) consecutive hours of rest in a week. The employer and the Kasambahay
shall agree in writing on the schedule of the weekly rest day but the preference of the
Kasambahay, when based on religious grounds, shall be respected.
Nothing in this provision shall deprive the Kasambahay and the employer from
agreeing to the following:
(a) Offsetting a day of absence with a particular rest day;
(b) Waiving a particular rest day in return for an equivalent daily rate of pay;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.
SECTION 7. Service Incentive Leave. — A Kasambahay who has rendered at least
one (1) year of service shall be entitled to an annual service incentive leave of at least ve
(5) days with pay.
Any unused portion of said annual leave shall not be cumulative or carried over to
the succeeding years. Unused leaves shall not be convertible to cash.
SECTION 8. Thirteenth-Month Pay. — The Kasambahay who has rendered at least
one (1) month of service is entitled to a thirteenth-month pay which shall not be less than
one-twelfth (1/12) of his/her total basic salary earned in a calendar year.
The thirteenth-month pay shall be paid not later than December 24 of every year or
upon separation from employment. acHCSD
SECTION 9. Social Security Bene ts. — A Kasambahay who has rendered at least
one (1) month of service shall be covered by the Social Security System (SSS), Employees
Compensation Commission (ECC), Philippine Health Insurance Corporation (PhilHealth),
and Home Development Mutual Fund or Pag-IBIG, and shall be entitled to all the bene ts
in accordance with their respective policies, laws, rules and regulations.
Bene ts under the SSS include sickness, maternity, disability, retirement, death and
funeral. A uni ed bene t package under PhilHealth includes Inpatient Hospital Care and
Outpatient Care.
Mandatory premium payments or contributions shall be shouldered by the
employer. However, if the Kasambahay is receiving a monthly wage rate of Five Thousand
Pesos (Php5,000.00) and above, the Kasambahay shall pay the proportionate share in the
premium payments or contributions, as provided by law.
In the event the Kasambahay avails of certain loan privileges from Pag-IBIG Fund
which require the payment of additional or upgraded contributions, the said additional or
upgraded contributions shall be shouldered solely by the Kasambahay.
The SSS, Pag-IBIG and PhilHealth shall develop a uni ed system of registration and
enrollment within six (6) months from the promulgation of this IRR.
SECTION 10. Loan Assistance. — An employer may agree to extend loan assistance
to the Kasambahay in an amount not exceeding his/her six (6) months' salary.
This Section shall not apply to working children.
SECTION 11. Deduction for Loans. — By written agreement, the employer may
deduct the loans from the wages of the Kasambahay, which amount shall not exceed 20%
of his/her wages every month.
SECTION 12. Standard of Treatment. — The Kasambahay shall be treated with
respect by the employer or any member of the household. He/she shall not be subjected
to any kind of abuse, including repeated verbal or psychological, nor be in icted with any
form of physical violence or harassment or any act tending to degrade his/her dignity, as
de ned under the Revised Penal Code, Violence Against Women and their Children Law
(RA 9262), Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act (RA 7610) as amended by RA 9231, Anti-Traf cking in Persons Act of
2003 (RA 9208), and other applicable laws.
SECTION 13. Board, Lodging and Medical Attendance. — The employer shall provide
for the basic necessities of the Kasambahay, to include the following:
(a) At least three (3) adequate meals a day, taking into consideration the
Kasambahay's religious beliefs and cultural practices;
(b) Humane sleeping condition that respects the person's privacy for live-in
arrangement; and
(c) Appropriate rest and medical assistance in the form of rst-aid medicines,
in case of illnesses and injuries sustained during service without loss of
benefits.
For the Kasambahay under live-out arrangement, he/she shall be provided space for
rest and access to sanitary facility.
At no instance shall the employer withdraw or hold in abeyance the provision of
these basic necessities as punishment to, or disciplinary action against the Kasambahay.
SECTION 14. Guarantee of Privacy. — The employer shall, at all times, respect the
right of the Kasambahay to privacy, which shall extend to all forms of communication and
personal effects.
SECTION 15. Access to Outside Communication. — During free time, the
Kasambahay shall be granted access to outside communication. In case of emergency,
access to communication shall be granted even during work time. Should the
Kasambahay use the employer's telephone or other communication facilities, the costs
shall be borne by the Kasambahay, unless waived by the employer. cTEICD
SECTION 16. Opportunities for Education and Training. — The Kasambahay shall be
afforded the opportunity to nish basic education, which shall consist of elementary and
secondary education. He/she may be allowed access to alternative learning systems and,
as far as practicable, higher education or technical vocational education and training.
The employer shall adjust the work schedule of the Kasambahay to allow his/her
access to education or training without hampering the services required by the employer.
Access to education may include financial assistance at the option of the employer.
The Department of Education (DepEd) shall ensure continued access of the
Kasambahay to alternative learning system education.
SECTION 17. Membership in Labor Organization. — The Kasambahay shall have the
right to join a labor organization of his/her own choosing for purposes of mutual aid and
collective negotiation.
The Kasambahay shall be afforded opportunity to attend organization meetings
during free time.
The Regional Tripartite Industrial Peace Council (RTIPC), chaired by the DOLE
Regional Director, shall create within the council a sub-committee to ensure adequate
representation of the Kasambahay in social dialogue on issues and concerns peculiar to
Kasambahay work and their welfare.
RULE V
Rights and Obligations of the Employer
SECTION 1. Rights and Privileges of Employer. — The employer enjoys the following
rights:
(a) To require submission of pre-employment documents by the Kasambahay
(Section 4, Rule II of this IRR);
(b) To recover deployment expenses (Section 3, Rule II of this IRR);
(c) To demand replacement (Section 4, Rule III of this IRR); and
(d) To terminate employment (Section 3, Rule VII of this IRR).
SECTION 2. Pay Slip. — The employer shall, at all times, provide the Kasambahay
with a copy of the pay slip (Form BK-2) containing the amount paid in cash every pay day,
and indicating all deductions made, if any. The employer shall keep copies of the pay slips
for a period of three (3) years.
SECTION 3. Registration and Enrollment to SSS, PhilHealth, and Pag-IBIG. — As
employer of the Kasambahay, he/she shall register himself/herself with, and enroll the
latter as his/her employee to the SSS, PhilHealth, and Pag-IBIG.
SECTION 4. Prohibition Against Withholding of Wages. — (a) It shall be unlawful for
the employer to withhold the wages of the Kasambahay directly or indirectly, except as
provided for under Section 2, Rule VII of this IRR.
(b) It shall also be unlawful for the employer to induce the Kasambahay to give up
any part of the wages by force, stealth, intimidation, threat, or by any other unlawful
means.
SECTION 5. Prohibition on Interference in the Disposal of Wages. — It shall be
unlawful for the employer to interfere with the freedom of the Kasambahay in the
disposition of his/her wages, such as:
(a) Forcing, compelling, or obliging the Kasambahay to purchase merchandise,
commodities or other properties from the employer or from any other
person; or
(b) Making use of any store or services of such employer or any other person.
SECTION 6. Deductions for Loss or Damage. — Other than those mandated by law,
the employer shall not deduct any amount from the wages of the Kasambahay without
his/her written consent or authorization; provided that, deduction for loss or damage shall
only be made under the following conditions:
(a) The Kasambahay is clearly shown to be responsible for the loss or damage;
(b) T h e Kasambahay is given reasonable opportunity to show cause why
deduction should not be made; TAcCDI

(c) The total amount of such deductions is fair and reasonable and shall not
exceed the actual loss or damage; and
(d) The deduction from the wages of the Kasambahay does not exceed 20% of
his/her wages in a month.
The DOLE shall extend free assistance in the determination of fair and reasonable
wage deductions under this Section.
SECTION 7. Deposits for Loss or Damage. — It shall be unlawful for the employer or
any other person to require a Kasambahay to make deposits from which deductions shall
be made for the reimbursement of loss or damage to tools, materials, furniture and
equipment in the household.
SECTION 8. Prohibition Against Privileged Information. — All communication and
information pertaining to the employer or members of the household shall be treated as
privileged and con dential, and shall not be publicly disclosed by the Kasambahay during
and after employment. Such privileged information shall be inadmissible in evidence,
except when the suit involves the employer or any member of the household in a crime
against persons, property, personal liberty and security and chastity.
SECTION 9. Prohibition on Debt Bondage. — It shall be unlawful for the employer or
any person acting on his/her behalf to place the Kasambahay under debt bondage as
defined under Section 3 (b), Rule I of this IRR.
SECTION 10. Assignment to Non-Household Work. — The employer shall not assign
t he Kasambahay to work, whether in full or part-time, in a commercial, industrial or
agricultural enterprise at a wage rate lower than that provided for agricultural or non-
agricultural workers.
SECTION 11. Extent of Duty Outside the Household. — The Kasambahay and the
employer may mutually agree for the Kasambahay to temporarily perform a task for the
benefit of another household under the following conditions:
(a) There is an agreement between the Kasambahay and the employer for the
purpose, particularly on the task/s to be performed;
(b) The Kasambahay is entitled to additional payment of not less than the
applicable minimum wage rate;
(c) The original employer shall be responsible for any liability incurred by the
Kasambahay on account of such arrangement; and
(d) The original employer is not charging any amount from the other household
for the arrangement.
The temporary performance of work shall not exceed thirty (30) days per
assignment.
The other household where the Kasambahay is temporarily assigned is solidarily
liable with the original employer for any nonpayment of wages during such temporary
assignment.
It shall be unlawful for the original employer to charge any amount from the said
household where the service of the Kasambahay was temporarily performed.
SECTION 12. Health and Safety. — The employer shall safeguard the safety and
health of the Kasambahay in accordance with the standards which the DOLE shall develop
through the Bureau of Working Conditions (BWC) and the Occupational Safety and Health
Center (OSHC) within six (6) months from the promulgation of this IRR. The said
standards shall take into account the peculiar nature of domestic work.
RULE VI
Standards for Employment of Working Children
SECTION 1. General Prohibition. — It shall be unlawful to employ any person below
fifteen (15) years of age as Kasambahay.
SECTION 2. Employment of Working Children. — Pursuant to Republic Act No. 9231
(An Act Providing for the Elimination of the Worst Forms of Child Labor and Affording
Stronger Protection for the Working Child, Amending for this Purpose Republic Act No.
7610, as Amended, Otherwise known as the "Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act"), working children shall not be subjected to
the following:
(a) Work for more than eight (8) hours a day and beyond forty (40) hours a
week; cITAaD
(b) Work between ten o'clock in the evening and six o'clock in the morning of
the following day; and
(c) Work which is hazardous or likely to be harmful to the health, safety or
morals of children, as defined under existing laws and regulations.
SECTION 3. Bene ts of Working Children. — Working children shall be entitled to
minimum wage, and all bene ts provided under the Batas Kasambahay, which include
access to education and training.
SECTION 4. Programs for the Elimination of Worst Forms of Child Labor in
Domestic Work. — The DOLE, through the National Anti-Child Labor Committee (NCLC)
and in collaboration with the NCLC member-agencies, shall continue to implement
programs to withdraw, rescue, and rehabilitate working children below fteen (15) years
of age. The NCLC shall ensure that working children and their families are provided with
access to education, access to productive resources, and that measures are in place to
ensure compliance with the standards for employment of children in domestic work as
prescribed in this Rule.
RULE VII
Post Employment
SECTION 1. Pre-Termination of Employment. — (a) In case the duration of
employment is speci ed in the contract, the Kasambahay and the employer may mutually
agree upon notice to terminate the contract of employment before the expiration of its
term.
(b) In case the duration is not determined by stipulation or by nature of service, the
employer or the Kasambahay may give notice to end the employment relationship ve (5)
days before the intended termination of employment.
SECTION 2. Termination of Employment Initiated by the Kasambahay. — The
Kasambahay may terminate the employment relationship at any time before the expiration
of the contract for any of the following causes:
(a) Verbal or emotional abuse of the Kasambahay by the employer or any
member of the household;
(b) Inhuman treatment including physical abuse of the Kasambahay by the
(c) Commission of a crime or offense against the Kasambahay by the
(d) Violation by the employer of the terms and conditions of the employment
contract and other standards set forth under this IRR;
(e) Any disease prejudicial to the health of the Kasambahay, the employer, or
member/s of the household; and
(f) Other causes analogous to the foregoing.
If the Kasambahay leaves without cause, any unpaid salary due, not exceeding the
equivalent of fteen (15) days work, shall be forfeited. In addition, the employer may
recover from the Kasambahay deployment expenses, if any, if the services have been
terminated within six (6) months from employment.
SECTION 3. Termination of Employment Initiated by the Employer. — An employer
may terminate the employment of the Kasambahay at any time before the expiration of
the contract for any of the following causes:
(a) Misconduct or willful disobedience by the Kasambahay of the lawful order
of the employer in connection with the former's work;
(b) Gross or habitual neglect or inef ciency by the Kasambahay in the
performance of duties;
(c) Fraud or willful breach of the trust reposed by the employer on the
Kasambahay;
(d) Commission of a crime or offense by the Kasambahay against the person
of the employer or any immediate member of the employer's family; caHCSD
(e) Violation by the Kasambahay of the terms and conditions of the

employment contract and other standards set forth under this IRR;
(f) Any disease prejudicial to the health of the Kasambahay, the employer, or
member/s of the household; and
(g) Other causes analogous to the foregoing.
If the employer dismissed the Kasambahay for reasons other than the above,
he/she shall pay the Kasambahay the earned compensation plus indemnity in the amount
equivalent to fifteen (15) days work.
SECTION 4. Invalid Ground for Termination. — Pregnancy and Marriage of the
Kasambahay are not valid grounds for termination of employment.
SECTION 5. Employment Certi cation. — Upon the termination of employment, the
employer shall issue the Kasambahay, within ve (5) days from request, a certi cate of
employment (Form BK-3) indicating the nature, duration of the service and work
description.
RULE VIII
TESDA Skills Training, Assessment and Certification
SECTION 1. Training for Local-Hired Kasambahay. — To promote the training of the
Kasambahay, the Technical Education and Skills Development Authority (TESDA) shall
adjust the existing training regulations for issuance of National Certi cate (NCII) on
household services and customize them for local-hired Kasambahay within six (6) months
from the promulgation of this IRR.
SECTION 2. Skills Training, Assessment and Certi cation. — To ensure productivity
and assure quality services, the DOLE, through the Regional/Provincial or District Of ces
of TESDA, shall facilitate access of Kasambahayto ef cient training, assessment and
certification based on TESDA Training Regulations for Household Services NC II.
The competencies to be achieved for NC II consist of: (a) cleaning living room,
dining room, bedroom, toilet, and kitchen; (b) washing and ironing clothes, linen and fabric;
(c) preparing hot and cold meals/food; and (d) serving food and beverage.
TESDA Training Regulations for other quali cations can be accessed at the
Regional/Provincial or District Offices.
SECTION 3. Requirements for Training. — Kasambahay intending to be trained and
certi ed for Household Services NC II must possess the quali cations speci ed in the
customized local-hired Kasambahay training regulation of TESDA.
SECTION 4. Skills/Competency-Based Pay System. — The National Wages and
Productivity Commission (NWPC)/RTWPBs shall coordinate with TESDA on the
development of a skills/competency-based pay system in line with the thrust to
professionalize the Kasambahay. Wage advisories containing a range of wage increases
on top of the minimum wage shall be issued by the RTWPBs taking into consideration the
competency standards set by TESDA.
RULE IX
Registration System for Kasambahay
SECTION 1. Employer's Reportorial Duties. — Every employer shall register a
Kasambahay under his/her employment in the barangay where his/her residence is
located. The Punong Barangay shall be responsible for the Registry of Kasambahay within
his/her jurisdiction.
SECTION 2. Start-up Registration. — The Punong Barangay, together with SSS, Pag-
IBIG and PhilHealth representatives, shall conduct a common registration of all
Kasambahay nationwide. The start-up registration shall be held in a City or Municipal Hall
or Plaza, organized by the City or Municipal Mayor immediately after the promulgation of
this IRR. The Department of Interior and Local Government (DILG), through the National
Barangay Operations Of ce (NBOO), shall issue a circular prescribing the standard
Registration Form and Protocols as guide for registration, which may contain personal,
education, family, and work information.
The DOLE-Regional Of ce shall ensure facilities for one-stop registration for
Kasambahay during job fairs.
SECTION 3. Continuous Registration. — The Punong Barangay shall designate a
Registration/Kasambahay Desk in the Barangay Hall to accommodate continuous
registration by the employers. SCaDAE
SECTION 4. Kasambahay Masterlist. — The Punong Barangay shall maintain and

update the Kasambahay Masterlist. The barangay through the Kasambahay Desks shall
submit reports to the local government units (LGUs), through the PESOs on data
regarding registration of the Kasambahay.
The PESOs shall submit a monthly report to the DILG for monitoring and data
analysis. The report shall be made available to the DOLE and other concerned government
agencies.
SECTION 5. Disclosure of Information. — The processing of personal information
under this Rule shall be allowed, subject to compliance with the requirements of Republic
Act No. 10173 (Data Privacy Act of 2012) and other laws allowing disclosure of
information to the public and adherence to the principles of transparency, legitimate
purpose and proportionality.
RULE X
Rescue and Rehabilitation of Abused Kasambahay
SECTION 1. Rescue of Abused Kasambahay. — Any abused Kasambahay shall be
immediately rescued by a municipal or city social welfare of cer in coordination with the
concerned barangay officials and the proper law enforcement personnel.
SECTION 2. De nition and Coverage of Abuse. — Abuse shall refer to any act or a
series of acts committed by an employer or any member of his/her household against any
Kasambahay which results in or is likely to result in physical, sexual, psychological harm or
economic abuse including threats of such acts, battery, assault, coercion, harassment or
arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:
(a) Physical violence refers to acts that include bodily or physical harm;
(b) Sexual violence refers to an act which is sexual in nature, committed
against a Kasambahay. It includes, but is not limited to:
(1) Rape, sexual harassment, acts of lasciviousness, treating the
Kasambahay as a sex object, making demeaning and sexually
suggestive remarks, physically attacking the sexual parts of the
Kasambahay's body, forcing him/her to watch obscene
publications and indecent shows or forcing him/her to do
indecent acts and/or make films thereof.
(2) Acts causing or attempting to cause the Kasambahay to engage in
any sexual activity including prostitution by force, threat of force,
physical or other harm or threat of physical or other harm or
coercion.
(c) Psychological violence refers to acts or omissions causing or likely to
cause mental or emotional suffering to the Kasambahay such as but not
limited to intimidation, threats, harassment, stalking, damage to
property, public ridicule or humiliation and repeated verbal abuse;
(d) Economic abuse refers to the withholding of the Kasambahay's wage or a
part of it or any act which induce the Kasambahay to give up any part of
the wage by force, stealth, intimidation, threat or by any other unlawful
means whatsoever;
(e) Any other act which limits the Kasambahay's exercise of his/her rights as
provided for in the law.
SECTION 3. Parties Who Can Report the Abuse. — The following may report any act
of abuse committed against a Kasambahay:
(a) Offended Kasambahay;
(b) Parents or guardians of the offended Kasambahay;
(c) Ascendants, descendants or collateral relatives within the fourth civil
degree of consanguinity or affinity; HAaECD
(d) Social workers from the LSWDOs or the DSWD Field Office;
(e) Police officers from the Women and Children Protection Desks;
(f) Barangay Officials;
(g) Lawyer, counsellor, therapist, or healthcare provider of the offended
Kasambahay; or
(h) At least two (2) concerned responsible citizens of the city or municipality
where the abuse occurred and who has personal knowledge of the
offense committed.
SECTION 4. Persons to Whom Report be Made. — Any act of abuse committed
against a Kasambahay may be reported to the following:
(a) Any official of the barangay where the abuse occurred;
(b) Any social worker from the LSWDO or the DSWD Field Office;
(c) Any police officer from the Women and Children Protection Desks; or
(d) Any officer of the PESO.
SECTION 5. Conduct of Rescue Operations. — Upon receipt of any report of abuse,
the abused Kasambahay shall be immediately rescued by a municipal or city social
welfare of cer in coordination with the concerned barangay of cials and the proper law
enforcement personnel.
At all times, the rescue team shall ensure the full protection of the rights of the
abused Kasambahay and the accused while under its custody and control.
No action or suit shall be brought, instituted or maintained in any court or tribunal or
before other authority against any: (a) social worker; (b) law enforcement of cer; or (c)
person acting in compliance with a lawful order from any of the above, for lawful acts
done or statements made during an authorized rescue operation, recovery or
rehabilitation/intervention, or an investigation or prosecution of an abused case involving
a Kasambahay: Provided, that such acts shall have been made in good faith.
SECTION 6. Role of Local Social Welfare and Development Of ces (LSWDOs) in the
Rehabilitation of Abused Kasambahay. — The LSWDOs, in coordination with concerned
government units, shall make available the following services for abused Kasambahay:
(a) Temporary shelter;
(b) Counseling;
(c) Free Legal Services;
(d) Medical or Psychological Services;
(e) Livelihood and Skills Training; and
(f) Other relevant services as necessary.
In the event that the above-mentioned services are not available at the local level,
the LSWDOs may seek the assistance from the DSWD to provide such services to the
abused Kasambahay.
At all times, the LSWDOs and DSWD shall adopt a gender responsive, right-based
and culture-sensitive approach to service delivery to facilitate the recovery, rehabilitation
and reintegration of the Kasambahay in mainstream society. The LSWDOs shall also
ensure that the necessary after-care services are made available at least for the next six
(6) months for the reintegrated Kasambahay.
RULE XI
Settlement/Disposition of Labor Related-Disputes
SECTION 1. Mechanism for Settlement of Disputes. — (a) All labor-related disputes
shall be led before the DOLE Field/Provincial/Regional Of ce having jurisdiction over the
workplace and shall go through the thirty-day (30) mandatory conciliation under the DOLE
Single Entry Approach (SEnA) program to exhaust all efforts for the settlement of the
dispute. HDATCc
SECTION 2. Compliance Order. — In case the parties fail to reach a settlement, a

mandatory conference not exceeding thirty (30) days shall be conducted by the DOLE
Field/Provincial/Regional Of ce from referral of the unsettled dispute. The DOLE-Regional
Director shall issue a Compliance Order within ten (10) days from the submission of the
case for resolution.
SECTION 3. Motion for Reconsideration. — Any aggrieved party may le a motion
for reconsideration from the Compliance Order within ten (10) days from receipt thereof.
SECTION 4. Appeal. — The Resolution on the Motion for Reconsideration of the
DOLE-Regional Director may be appealed to the Secretary of Labor and Employment
within ten (10) days from receipt thereof.
Thereafter, the Order of the Secretary of Labor and Employment shall be nal and
executory.
SECTION 5. Other Cases. — Ordinary crimes or offenses committed by either party
under the Revised Penal Code and other special penal laws shall be led with the
appropriate courts.
RULE XII
Unlawful Acts and Penalties
SECTION 1. Unlawful Acts. — The following acts are declared unlawful:
(a) Employment of Children below 15 years of age (Section 16, Batas
Kasambahay);
(b) Withholding of Wages of the Kasambahay (Section 28, Batas Kasambahay);
(c) Interference in the Disposal of the wages of the Kasambahay (Section 27,
Batas Kasambahay);
(d) Requiring deposits for loss or damage (Section 14, Batas Kasambahay);
(e) Placing the Kasambahay under Debt Bondage (Section 15, Batas
Kasambahay); and
(f) Charging another household for temporarily performed tasks (Section 23,
Batas Kasambahay).
SECTION 2. Administrative Penalties. — Commission of any of the foregoing acts
shall be punishable with a ne of not less than Ten Thousand Pesos (Php10,000.00) but
not more than Forty Thousand Pesos (Php40,000.00), to wit:
Php10,000.00 - 1st offense
Php20,000.00 - 2nd offense
Php30,000.00 - 3rd offense
Php40,000.00 - 4th and succeeding offenses and for violation/s committed against
working children.

The penalties herein shall be without prejudice to the ling of the appropriate civil
and/or criminal action by the aggrieved party.
SECTION 3. Penal Sanction for Offenses Against Working Children. — Any employer
who has been sentenced by a court of law of any offense against a working child under
the Batas Kasambahay shall be meted out with a penalty one degree higher and shall be
prohibited from hiring a working child.
RULE XIII
Special Provisions
SECTION 1. Information Dissemination and Training Program. — Immediately after
the enactment of this IRR, the DOLE, in coordination with the DILG, DSWD, SSS, ECC,
PhilHealth and Pag-IBIG and other stakeholders, shall develop and implement a
continuous information dissemination program on the provisions of this IRR, particularly
to build the capacities of local government units and of cers assigned to the
Kasambahay Desks in fulfilling their mandate.
The employers, Kasambahay association or organization, civil society groups and
labor organizations shall be tapped in the dissemination of information on the provisions
of this IRR. AEcTaS
SECTION 2. "Araw ng mga Kasambahay". — Every 18th day of January shall be

designated as "Araw ng mga Kasambahay".
RULE XIV
Miscellaneous Provisions
SECTION 1. Transitory Provision. — All existing arrangements between a Kasambahay and
the employer shall be adjusted to conform to the minimum standards set by this IRR.
SECTION 2. Non-Diminution of Benefits. — Nothing in this IRR shall be construed to cause the
diminution or substitution of any benefits and privileges currently enjoyed by the
Kasambahay hired directly or through an agency.
SECTION 3. Oversight Function of the National Tripartite Industrial Peace Council (NTIPC). —
The NTIPC created under Executive Order No. 49, Series of 1998, as amended, shall serve as
the oversight committee to verify and monitor the implementation and enforcement of the
provisions of this IRR.
RULE XV
Final Provisions
SECTION 1. Separability Clause. — If any part or provisions of this IRR declared n to
be invalid or unconstitutional, the other parts or provisions not affected shall remain in full
force and effect.
SECTION 2. Repealing Clause. — All laws, decrees, executive orders, issuances, rules
and regulations or parts thereof inconsistent with the provisions of this IRR are hereby
repealed or modified accordingly.
SECTION 3. Effectivity. — This IRR shall take effect fteen (15) days after its
complete publication in two (2) national newspapers of general circulation.
Manila, Philippines, May 9, 2013.
(SGD.) ROSALINDA DIMAPILIS-BALDOZ

Secretary
Department of Labor and Employment
(SGD.) MAR A. ROXAS
Secretary
Department of Interior and Local Government
(SGD.) CORAZON "DINKY" JULIANO-SOLIMAN

Secretary
Department of Social Welfare and Development
(SGD.) ALAN LM. PURISIMA

Police Director General
Philippine National Police
(SGD.) EMILIO S. DE QUIROS, JR.

President and Chief Executive Officer
Social Security System
(SGD.) ENRIQUE T. ONA

OIC-President and CEO
PhilHealth
(SGD.) DARLENE MARIE B. BERBERABE

President and CEO
Pag-IBIG Fund
ATTACHMENT
Form BK 1
Kontrata sa Paglilingkod sa Tahanan

[image]

[image]
Form BK-2
Pay Slip

[image]
Form BK-3
Certificate of Employment
[image]
Published in The Philippine Star on May 19, 2013.

n Note from the Publisher: Copied verbatim from the official copy.

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LABOR

REPUBLIC ACT NO. 10151

AN ACT ALLOWING THE EMPLOYMENT OF NIGHT WORKERS, THEREBY REPEALING

SECTION 1. Article 130 of the Labor Code is hereby repealed. aSATHE

SECTION 2. Article 131 of the Labor Code is hereby repealed.

"Employment of Night Workers

"(a) Before taking up an assignment as a night worker;

"(c) If they experience health problems during such an

"Art. 156. Mandatory Facilities. — Suitable rst-aid facilities shall be

"(a) Before and after childbirth, for a period of at least sixteen

"(b) For additional periods, in respect of which a medical

"(1) During pregnancy; cHSIDa

"(2) During a speci ed time beyond the period, after

"During the periods referred to in this article:

"Pregnant women and nursing mothers may be allowed to work at night

"Art. 160. Social Services. — Appropriate social services shall be

"Art. 161. Night Work Schedules. — Before introducing work schedules

Approved: June 21, 2011.

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REPUBLIC ACT NO. 10361

AN ACT INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF

SECTION 2. Declaration of Policies. — It is hereby declared that:

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At no instance shall the employer withdraw or hold in abeyance the provision of

In cases where the employment of the domestic worker is facilitated through a

SECTION 16. Employment Age of Domestic Workers. — It shall be unlawful to

SECTION 25. Payment of Wages. — Payment of wages shall be made on time

(d) Commission of a crime or offense by the domestic worker against the

SECTION 44. Repealing Clause. — All articles or provisions of Chapter III

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IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10361,

(b) The State adheres to internationally accepted working conditions for

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(d) "Domestic work" refers to work performed in or for a household.

CD Technologies Asia, Inc. 2016 cdasiaonline.com

CD Technologies Asia, Inc. 2016 cdasiaonline.com

SECTION 3. Responsibilities of PEAs. — In facilitating the employment of

(g) Right to privacy;

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(e) Violation by the Kasambahay of the terms and conditions of the

SECTION 4. Kasambahay Masterlist. — The Punong Barangay shall maintain and

SECTION 2. Compliance Order. — In case the parties fail to reach a settlement, a

CD Technologies Asia, Inc. 2016 cdasiaonline.com

SECTION 2. "Araw ng mga Kasambahay". — Every 18th day of January shall be

(SGD.) ROSALINDA DIMAPILIS-BALDOZ

(SGD.) CORAZON "DINKY" JULIANO-SOLIMAN

(SGD.) ALAN LM. PURISIMA

(SGD.) EMILIO S. DE QUIROS, JR.

(SGD.) ENRIQUE T. ONA

(SGD.) DARLENE MARIE B. BERBERABE

CD Technologies Asia, Inc. 2016 cdasiaonline.com

CD Technologies Asia, Inc. 2016 cdasiaonline.com

CD Technologies Asia, Inc. 2016 cdasiaonline.com

Published in The Philippine Star on May 19, 2013.

CD Technologies Asia, Inc. 2016 cdasiaonline.com

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