A plain-English guide to Batas Kasambahay (RA 10361)

One thing to know up front: under this law, the family that hires a kasambahay is the legal employer, not Pinoyaya. We're a marketplace that connects you with helpers; the obligations below (wage, benefits, contract) are directly between you and the helper you hire.

1. What is Batas Kasambahay?

Republic Act No. 10361 (known as the Domestic Workers Act or Batas Kasambahay) is a Philippine law passed in 2013 that protects the rights of domestic workers, called kasambahay.

It covers anyone working in private households, including:

• Yayas (childcare)
• Housekeepers / general house help
• Cooks
• Gardeners
• Laundry workers

2. Who does NOT count as a kasambahay?

• Service providers (e.g., a cleaning company employee).
• Family members of the employer doing household work.
• Workers under occasional or sporadic arrangements (a one-time event helper, for example).
• Family drivers: the law's implementing rules exclude them (see our family driver guide).

3. Minimum monthly wage

Minimum wages are set per region by the wage boards and adjusted periodically. The current figures:

• NCR (Metro Manila): ₱7,800 / month: effective 7 February 2026 (Wage Order No. NCR-DW-06, an ₱800 increase).
• Other regions (incl. Cebu & Davao): each region's wage board sets its own rate: several issued new kasambahay wage orders in early 2026. Confirm your region's current figure before you hire.

These are minimums: most yayas in Metro Manila earn ₱12,000-₱25,000+ per month depending on experience, live-in status, and responsibilities. Always confirm the latest rate for your region on the NWPC / DOLE website.

4. Mandatory benefits

Government contributions (split between employer and helper based on monthly wage)

• SSS: Social Security System (mandatory)
• PhilHealth: National health insurance (mandatory)
• Pag-IBIG: Home Development Mutual Fund (mandatory)

If the helper's monthly wage is less than ₱5,000, the employer pays the full contribution. If the wage is ₱5,000 or higher, the helper contributes their share via salary deduction.

Leave benefits

• 5 days of paid service incentive leave per year (after 1 year of service).
• 13th-month pay: equivalent to one month's salary, paid in December (or pro-rated if employed less than a year).
• Daily rest: 8 hours of rest in total each day. The law says "aggregate", so it can be split, for example 6 hours at night plus 2 hours in the afternoon (RA 10361, Section 20).
• Weekly rest: at least 24 hours of unbroken rest per week.

For live-in helpers

• Free lodging in a humane and decent place.
• Free meals (at least 3 nutritious meals per day).
• Access to clean drinking water.

5. Employment contract (required)

Batas Kasambahay requires a written employment contract. Both employer and helper must sign it, and both keep a copy.

The contract must include:

• Duties and responsibilities
• Period of employment
• Compensation (monthly wage, payment schedule)
• Rest day(s)
• Loans (if any)
• SSS, PhilHealth, Pag-IBIG details
• Termination clauses

6. Probation and termination

Probationary period

Many families agree a trial period. If you do, write its length and terms into the contract, and check the official text of RA 10361 and its implementing rules, or ask DOLE, before you rely on it.

Termination by the employer

The employer can terminate the helper for any of these causes:

• Misconduct or wilful disobedience
• Gross or habitual neglect of duties
• Fraud or wilful breach of trust
• Commission of a crime against the employer or family
• Disease that endangers the family's health
• Other analogous causes

Termination by the helper

The helper can resign for any of these causes:

• Verbal, emotional, or physical abuse
• Inhumane treatment
• Crime committed by the employer against the helper
• Violation of the employment contract terms
• Other causes analogous to the above

Notice required

If the contract sets no fixed term, either side may end the arrangement by giving 5 days' notice. Wages earned must be paid in full on separation. Read the exact wording in the official text of RA 10361.

7. Prohibited acts

Among other things, the law prohibits (see the official text for the full list):

• Employment of children under 15 years old as kasambahay.
• Debt bondage (forcing a helper to work to pay off a debt under exploitative terms).
• Withholding of helper's wages.
• Requiring the helper to make deposits to cover loss or damage.
• Trafficking or any form of forced labour.

8. Where to file complaints

If either party feels their rights have been violated, they can file a complaint at:

• Barangay: first level of dispute resolution.
• DOLE Regional Office: for wage and benefit disputes.
• NLRC (National Labor Relations Commission): for illegal dismissal or contract violations.
• PNP / DSWD: if there is abuse, trafficking, or criminal conduct.

9. Pinoyaya's role

Pinoyaya is a marketplace that connects families with helpers. We are not the employer: the employment relationship is directly between the family and the helper, governed by Batas Kasambahay.

Our role is to:

• Offer optional identity verification through a specialist provider. Helpers who pass carry the ID-Verified badge; not every helper has it.
• Give helpers space to describe their own experience and training in their words.
• Provide a secure in-app chat so contact details stay private.
• Provide educational content like this guide.

Ano ang Batas Kasambahay? (buod sa Tagalog)

Ang Batas Kasambahay (Republic Act No. 10361) ang batas na nagtatakda ng karapatan ng bawat kasambahay sa Pilipinas. Ito ang mga hindi pwedeng balewalain:

• Written contract: kailangan nakasulat, sa wikang naiintindihan ninyong dalawa, at may kopya kayong pareho.
• Minimum wage ayon sa rehiyon: ₱7,800/buwan sa NCR simula Pebrero 2026; may sariling wage order ang bawat rehiyon.
• SSS, PhilHealth, at Pag-IBIG: obligadong i-register pagkatapos ng isang buwan ng serbisyo. Kung mababa sa ₱5,000 ang sahod, employer ang buong magbabayad.
• 13th month pay: on or before December 24.
• Pahinga: kahit man lang 8 oras na tuloy-tuloy na pahinga kada araw, at 24 oras na day off kada linggo.
• Service incentive leave: 5 araw na bayad na leave pagkatapos ng isang taon.
• Para sa live-in: libreng pagkain (kahit tatlong beses araw-araw), matinong tulugan, at basic na pangangailangan.
• Edad: bawal ang wala pang 15 taong gulang. Kung wala pang 18, kailangang may pagkakataon pa ring makapag-aral.

Bawal din ang: pagpigil sa sahod, paghingi ng anumang deposit para sa posibleng masira o mawalang gamit sa bahay, debt bondage, at anumang porma ng sapilitang paggawa. Kung may problema, pwede kang magsumbong sa barangay para sa conciliation, o sa DOLE para sa usapin ng sahod at benepisyo.

Final word

Treating your helper with dignity, paying them fairly, providing benefits, and following the contract isn't just the law: it's good practice. The best yayas stay with families that treat them well. Pinoyaya was built to make that easier for everyone.