How to hire a family driver in the Philippines

A family driver needs a professional license

RA 4136 defines a professional driver as anyone hired or paid to drive a motor vehicle, "whether for private use or for hire to the public" (Section 3). Section 24 then says no owner of a motor vehicle may hire a person to drive it unless that person is a duly licensed professional driver.

So a non-professional license is not enough, even if the driver only drives your family car. Ask to see the original card and check the license type and the expiry date.

Is a family driver a kasambahay?

No. DOLE's Implementing Rules and Regulations of Batas Kasambahay (RA 10361) list family drivers as "not covered" (Rule I, Section 2). DOLE's regional kasambahay wage orders say the same. So the kasambahay minimum wage and the kasambahay rules on rest days and leave do not apply to your driver.

Is a family driver entitled to 13th-month pay?

Not by law. DOLE's rules implementing the 13th-month pay law (PD 851) exclude "employers of household helpers and persons in the personal service of another in relation to such workers" (Section 3(d)). A family driver works in the personal service of the family.

What the Supreme Court said

The Supreme Court confirmed this in Atienza v. Saluta (G.R. No. 233413, 17 June 2019). It held that family drivers, as persons in the personal service of another, are exempt from 13th-month pay, legal holiday pay and service incentive leave. Because RA 10361 repealed the Labor Code's chapter on househelpers, the Court applied the Civil Code instead: household service "shall always be reasonably compensated" (Article 1689), and a driver dismissed without just cause gets the wages earned plus 15 days' pay (Article 1697).

Our advice, not a legal requirement: write the pay, pay day, working hours, weekly day off, any 13th-month bonus and any paid leave into a written contract, so both of you know what was agreed. To ask DOLE about your case, call the free hotline 1349.

What to pay a family driver

We did not find an official or reliable published figure for family driver pay in the Philippines, so this guide does not give one. The Civil Code only says household service must be reasonably compensated (Article 1689). On Pinoyaya, each driver shows their asking rate on their profile, so you can compare real asking rates near you before you message anyone.

When you compare, be clear about what the rate includes: stay-in or stay-out, meals, overtime for late nights and out-of-town trips, and who pays for fuel, tolls and parking.

How to hire a family driver: 6 steps

1. Write the job down. Daily routes (school, office, errands), start and end times, weekend and late-night needs, out-of-town trips, and whether you need stay-in or stay-out.
2. Post the job and browse drivers. On Pinoyaya, posting a job and browsing drivers are free. Look for the ID-Verified badge, which confirms identity only.
3. Talk in the app chat, then meet in a public place. Ask which vehicles they have driven (manual, automatic, SUV, van), which areas they know, and how they spend waiting time.
4. Check documents and references. See the original professional license, ask for an NBI clearance and a police clearance, and call past employers. Our background and reference check guide works for drivers too.
5. Do a test drive. Sit beside them on a real route at a quiet hour. Watch seatbelt use, speed, phone use and parking.
6. Sign a written contract. Include duties, schedule, rest day, pay and pay day, overtime, meals or lodging, notice period, and rules for fuel money and receipts.

Before the first trip, ask your car insurer whether your policy covers a hired driver.

Stay-in or stay-out driver?

A stay-in driver lives in your home and can cover early and late trips, but needs a proper room, meals and a clear rule for off-duty hours. A stay-out driver goes home each day, so agree a fixed start time and what happens on late nights. Either way, write the hours down so both of you know what was agreed.

Common questions

Does a family driver need a professional driver's license?

Yes. RA 4136 treats anyone hired or paid to drive, even for private use, as a professional driver, and Section 24 bars vehicle owners from hiring anyone who is not a duly licensed professional driver.

Is a family driver covered by the Kasambahay Law?

No. DOLE's Implementing Rules of RA 10361 (Rule I, Section 2) list family drivers as not covered. The Supreme Court confirmed this in Atienza v. Saluta (G.R. No. 233413, 2019).

Is a family driver entitled to 13th-month pay?

Not by law. DOLE's rules implementing the 13th-month pay law (PD 851, Section 3(d)) exclude employers of persons in the personal service of another. The Supreme Court confirmed in Atienza v. Saluta (2019) that family drivers are in that group and are also exempt from legal holiday pay and service incentive leave. You can still agree a 13th-month bonus or paid leave in the written contract.

What is the minimum wage for a family driver in the Philippines?

The kasambahay minimum wage does not apply: DOLE's kasambahay wage orders state that they do not cover family drivers. The Civil Code, which the Supreme Court applied to family drivers, says household service must be reasonably compensated (Article 1689). We found no official minimum specific to family drivers; ask DOLE (hotline 1349) about your case.

How much is a family driver's salary in the Philippines?

We did not find an official or reliable published figure for family driver pay, so we don't quote one. On Pinoyaya, drivers show their asking rate on their profile, so you can compare before you message.

What working hours should a family driver have?

Batas Kasambahay's rest rules do not cover family drivers. Our advice: agree start and end times, a weekly day off and pay for extra hours in the written contract. For your situation, ask DOLE (hotline 1349).

What should a family driver contract include?

Duties and routes, working hours and rest day, pay and pay day, overtime and out-of-town trips, meals or lodging for a stay-in driver, the notice period, and how fuel money, tolls and receipts are handled.

Sources

Checked on 1 Nov 2026. Laws and wage orders change: confirm current figures with the official source before you rely on them.

• Republic Act No. 4136 (Land Transportation and Traffic Code), Sections 3 and 24: LawPhil
• ILO and Philippine Migrants Rights Watch (2014): The Rights of Domestic Workers, a primer on RA 10361 (PDF): coverage, 13th-month computation
• Wage Order No. RBVIII-DW-06, Eastern Visayas (PDF): rates by area and coverage, Sections 1 and 2
• Wage Order No. RIX-DW-06, Zamboanga Peninsula (PDF): rates by area and coverage, Sections 1 and 2
• PD 851 (13th-month pay law) and its Rules and Regulations, Section 3(d): LawPhil
• Supreme Court: Atienza v. Saluta, G.R. No. 233413, 17 June 2019: family drivers are outside RA 10361; Civil Code Arts. 1689, 1697, 1699 apply; exempt from holiday pay, 13th-month pay and service incentive leave
• NBI Clearance online (official site): online application, and Online Verification of a clearance's authenticity and validity
• National Police Clearance System
• GMA News (23 May 2024): DOLE Hotline 1349 is a free 24/7 call center for labour concerns

This guide is for general information only. It is not legal advice. For your specific situation, ask DOLE (hotline 1349) or a Philippine labour lawyer.