Knowing the Kasambahay Law


There is an acute shortage of housemaids or domestic helpers in the Philippines. So many are in need of househelpers and this is a good sign for our economy.

You cannot get a housemaid for P3,000.00. There is a shortage because the economic situation of the barrio folks or mountain folks has improved. It is incumbent of the Umalahokan as a Town Crier, to inform the public, that there is a Special Law – Republic Act No. 10361, known as an “ACT INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF DOMESTIC WORKERS.”

Note that the law is passed for the protection and welfare of domestic workers. Under R.A. No. 10361, Art. II, Sections:

“x x x

Standard of Treatment. – The employer or nay member of the household shall not subject a domestic worker of “kasambahay” to any kind of abuse nor inflict any form of physical violence or harassment or any act tending to degrade the dignity of a domestic worker.

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.

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.

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.

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.

Right to Education and Training. – The employer shall afford the domestic worker the opportunity to finish basic education and may allow access to alternative learning systems and, as far a 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.

Daily Rest Period. – The domesticworker shall be entitled to an aggregate daily rest period of eight (8) hours per day.

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 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;

(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.

The Good Lord said, “Whatsoever you do to the least of my brothers, that you do unto me.” Let that be in our minds and hearts when we deal with our kasambahay.