Kasambahay Law

Republic Act 10361
Batas Kasambahay Law

This Act shall be known as the "Domestic Workers Act" or
"Batas Kasambahay".
Objective of the Law:
To protect 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 2. Coverage
This Implementing Rules and Regulations (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.
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, during the celebration of Labor Day. The
Department of Interior and Local Government (DILG), through
the National Barangay Operations Office (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.
SECTION 3. Continuous Registration
The Punong Barangay shall designate a

Registration/Kasambahay Desk in the Barangay Hall to
accommodate continuous registration by the employers.
SECTION 4. Kasambahay Masterlist
The Punong Barangay shall maintain and update the

Kasambahay Masterlist in the barangay. The barangays through
the Kasambahay Desks shall submit reports to the local
government units (LGUs), through the PESOs on data regarding
registration of the Kasambahay
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 officer in coordination with the concerned
barangay officials and the proper law enforcement personnel.
SECTION 2. Definition 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;
(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 officer in
coordination with the concerned barangay officials and the proper law
enforcement personnel.
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);
Employment Age of Domestic Workers. – It shall be unlawful to

employ any person below fifteen (15) years of age as a domestic worker.
Employment of working children, as defined 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".
(b) Withholding of Wages of the Kasambahay (Section 28, Batas
Kasambahay);
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 justifiable reason, any unpaid salary for a period
not exceeding fifteen (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.
(c) Interference
in the Disposal of the wages of the Kasambahay
(Section 27, Batas Kasambahay);
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.
(d)Requiring deposits for loss or damage (Section 14, Batas
Kasambahay)
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.
Placing the Kasambahay under Debt Bondage (Section 15,
(e)
Batas Kasambahay); and
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.
(f) Charginganother household for temporarily performed tasks
(Section 23, Batas Kasambahay).
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 benefit 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 2. Administrative Penalties.
Commission of any of the foregoing acts shall be
punishable with a fine 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.

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Kasambahay Law

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Republic Act 10361

Batas Kasambahay Law

Objective of the Law:

To protect domestic workers and recognizing their

This Implementing Rules and Regulations (IRR) shall apply to

(a) General househelp;

SECTION 1. Employer’s Reportorial Duties.

Every employer shall register a Kasambahay under his/her

The Punong Barangay, together with SSS, Pag-IBIG and

The Punong Barangay shall designate a

SECTION 4. Kasambahay Masterlist

The Punong Barangay shall maintain and update the

Any abused Kasambahay shall be immediately rescued by a

SECTION 2. Definition and Coverage of Abuse

Abuse shall refer to any act or a series of acts committed by an

(b) Sexual violence refers to an act which is sexual in nature, committed

(1) Rape, sexual harassment, acts of lasciviousness, treating the

(2) Acts causing or attempting to cause the Kasambahay to engage

(a) Offended Kasambahay;

(a) Any official of the barangay where the abuse occurred;

SECTION 5. Conduct of Rescue Operations

(a) Employment of Children below 15 years of age (Section 16, Batas

Employment Age of Domestic Workers. – It shall be unlawful to

Prohibition Against Withholding of Wages. – It shall be

Prohibition on Interference in the Disposal of Wages. – It

Deposits for Loss or Damage. – It shall be unlawful for the

Prohibition on Debt Bondage. – It shall be unlawful for the

Extent of Duty. – The domestic worker and the employer

Php10,000.00 - 1st offense

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