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 identity-verified 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
• Family drivers
• 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).

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 continuous rest per 24-hour period.
• 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

The first 3 months of employment are considered probationary. Either party can end the relationship with notice during this period.

Termination by the employer (after probation)

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

Both parties must give at least 5 days' written notice before termination. Wages earned must be paid in full upon separation.

7. Prohibited acts

The law explicitly prohibits:

• 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.
• Charging deposits for loss or damage that exceed the actual cost.
• Privately interviewing helper without proper notice or in unsafe conditions.
• 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 identity-verified 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:

• Verify helper identities through our identity-verification provider.
• Display optional credentials (background check, TESDA, CPR).
• Provide a secure in-app chat so contact details stay private.
• Provide educational content like this guide.

For the full hiring process from start to finish — sourcing, interviewing, budgeting, and the trial period — see how to hire a yaya in the Philippines: the complete 2026 guide.

Frequently asked questions

What is Batas Kasambahay?

Batas Kasambahay is Republic Act No. 10361, the Domestic Workers Act — a Philippine law passed in 2013 that protects the rights of kasambahay (domestic workers), including yayas, housekeepers, cooks, gardeners, drivers, and laundry workers employed in private households.

Who counts as a kasambahay under the law?

Anyone employed in a private household to do domestic work — yayas, housekeepers, cooks, gardeners, family drivers, and laundry workers. It does NOT cover service-company employees, family members doing household work, or workers hired only occasionally, like a one-time event helper.

What is the minimum wage for a kasambahay?

In NCR (Metro Manila), the minimum monthly wage for kasambahays is ₱7,800, effective 7 February 2026 under Wage Order No. NCR-DW-06. Other regions, including Cebu and Davao, set their own rates through their Regional Tripartite Wages and Productivity Board — confirm the current figure for your area with DOLE or your RTWPB. These are legal minimums — most Metro Manila yayas earn ₱12,000–₱25,000+, well above the floor.

What benefits is a kasambahay legally entitled to?

Mandatory SSS, PhilHealth, and Pag-IBIG contributions; 5 days of paid service incentive leave per year after 1 year of service; 13th-month pay; at least 8 hours of daily rest and 24 hours of unbroken weekly rest. Live-in helpers also get free lodging, at least 3 meals a day, and clean drinking water.

Is a written employment contract required for a kasambahay?

Yes. Batas Kasambahay requires a written contract signed by both employer and helper, with each keeping a copy. It must cover duties, employment period, compensation and payment schedule, rest days, any loans, SSS/PhilHealth/Pag-IBIG details, and termination clauses.

How long is the probationary period for a kasambahay?

The first 3 months of employment are considered probationary. Either the employer or the helper can end the working relationship with proper notice during this period.

How much notice is required to terminate a kasambahay?

Both employer and helper must give at least 5 days' written notice before termination, and all wages earned must be paid in full upon separation. After probation, the employer needs a valid cause under the law, such as misconduct, gross neglect of duties, or fraud.

Where can I file a complaint about a kasambahay dispute?

Start at the barangay for initial dispute resolution. For wage and benefit disputes, go to the DOLE Regional Office. For illegal dismissal or contract violations, file with the NLRC. For abuse, trafficking, or criminal conduct, contact the PNP or DSWD.

Final word

Treating your helper with dignity, paying her 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.