PinoyayaKasambahay 13th month pay, day off and benefits under the law
What Batas Kasambahay (RA 10361) gives every yaya, housekeeper and cook, with the section number for each rule and worked 13th-month examples.
Quick answer: Yes, every kasambahay is entitled to 13th-month pay: one-twelfth of the total basic salary earned in the calendar year, paid no later than 24 December. Batas Kasambahay (RA 10361) also gives at least 24 consecutive hours of rest each week, 8 hours of rest a day, 5 days of paid leave after one year of service, and SSS, PhilHealth and Pag-IBIG coverage after one month of service.
Kasambahay benefits at a glance
| Benefit | The rule | RA 10361 |
|---|---|---|
| 13th-month pay | 1/12 of total basic salary earned in the calendar year, paid by 24 December | Sec. 25 |
| Weekly rest day | At least 24 consecutive hours a week, schedule agreed in writing | Sec. 21 |
| Daily rest | 8 hours of rest a day in total | Sec. 20 |
| Service incentive leave | 5 days with pay after 1 year; unused days don't carry over and can't be converted to cash | Sec. 29 |
| SSS, PhilHealth, Pag-IBIG | Coverage after 1 month of service | Sec. 30 |
| Board and lodging | At least 3 adequate meals a day and humane, safe sleeping arrangements | Sec. 6 |
| Pay slip | Every pay day; employer keeps copies for 3 years | Sec. 26 |
| Certificate of employment | Within 5 days of a request when the job ends | Sec. 35 |
13th month pay for kasambahay
RA 10361 (Section 25) says the kasambahay "is entitled to a thirteenth month pay as provided for by law". A 2014 primer on the law by the International Labour Organization (ILO) and Philippine Migrants Rights Watch explains the computation: add up the basic salary earned in the calendar year, divide by 12, and pay it no later than 24 December.
How to compute it
13th-month pay = total basic salary earned this year ÷ 12
- Worked all year: ₱8,000 a month × 12 months = ₱96,000. ₱96,000 ÷ 12 = ₱8,000.
- Started on 1 June: ₱8,000 × 7 months = ₱56,000. ₱56,000 ÷ 12 = ₱4,666.67.
- Got a raise during the year: add each month's actual basic salary. 4 months at ₱7,000 plus 8 months at ₱7,800 = ₱90,400. ₱90,400 ÷ 12 = ₱7,533.33.
Kasambahay day off: the weekly rest day
A kasambahay is entitled to at least 24 consecutive hours of rest every week (Section 21). You and the kasambahay agree the rest day in writing, and you must respect their preference when it is based on religious grounds.
If both of you agree, the law also allows:
- Offsetting a day of absence with a rest day
- Working a particular rest day in return for an equivalent daily rate of pay
- Saving up rest days, up to 5 days
- Other similar arrangements
Write whatever you agree into the contract. Our free kasambahay contract template is a good starting point.
Daily rest
Section 20 gives a kasambahay an aggregate daily rest period of 8 hours: at least 8 hours of rest in total each day.
Holidays
The text of RA 10361 does not mention holiday pay. If you need a firm answer for your household, ask DOLE (hotline 1349).
Service incentive leave: 5 days a year
After at least one year of service, a kasambahay gets 5 days of leave with pay each year (Section 29). Unused days do not carry over to the next year and cannot be converted to cash.
SSS, PhilHealth and Pag-IBIG
After one month of service, a kasambahay must be covered by SSS, PhilHealth and Pag-IBIG (Section 30). The employer pays the full contributions if the kasambahay earns under ₱5,000 a month. From ₱5,000 a month, the kasambahay pays their proportionate share.
Every regional minimum in NWPC's current list is ₱5,500 or more (see the 2026 minimum wage table), so a kasambahay paid at least the minimum shares the contributions. Contribution rates change: use the current tables from SSS, PhilHealth and Pag-IBIG, and our step-by-step enrolment guide.
Other rights that come with the job
- Written contract before work starts, in a language both sides understand, with a signed copy for the kasambahay (Section 11).
- Board and lodging: at least three adequate meals a day and humane sleeping arrangements that ensure safety. These can never be withheld as punishment (Section 6).
- Privacy, and access to outside communication during free time, and at any time in an emergency (Sections 7 and 8).
- No deposits for loss or damage, and no withholding of wages (Sections 14 and 28).
- Registration: employers must register their kasambahay in the Registry of Domestic Workers at their barangay (Section 17).
- Ending the job: if no fixed term was agreed, either side can end it with 5 days' notice (Section 32).
Violations the law declares unlawful carry a fine of ₱10,000 to ₱40,000 (Section 40). For the full picture, read our Batas Kasambahay guide.
Hire with everything agreed up front
Find yayas, housekeepers and cooks near you, agree pay and rest days in the app chat, then put it in a written contract. Browsing and posting a job are free; a one-time pass (₱399 for 7 days or ₱699 for 30 days, never renews) lets you message and send offers.
Get the Pinoyaya app →Common questions
Is 13th month pay required for a kasambahay?
Yes. RA 10361 (Section 25) entitles every kasambahay to 13th-month pay. It equals one-twelfth of the total basic salary earned in the calendar year and is paid no later than 24 December.
How do you compute a kasambahay's 13th month pay?
Add up the basic salary the kasambahay earned from January to December, then divide by 12. A kasambahay paid ₱8,000 a month for the whole year gets ₱8,000. One who started on 1 June at ₱8,000 a month gets ₱56,000 divided by 12, or ₱4,666.67.
How many days off does a kasambahay get?
At least 24 consecutive hours of rest every week, on a day agreed in writing (RA 10361, Section 21). The kasambahay also gets 8 hours of rest a day and, after one year of service, 5 days of paid leave a year.
Can a kasambahay work on their day off?
Yes, if both sides agree. Section 21 of RA 10361 allows waiving a particular rest day in return for an equivalent daily rate of pay, offsetting an absence with a rest day, or saving up to 5 rest days.
Is kasambahay service incentive leave convertible to cash?
No. Under Section 29 of RA 10361, unused service incentive leave does not carry over to the next year and cannot be converted to cash.
Who pays SSS, PhilHealth and Pag-IBIG for a kasambahay?
The employer pays all of it if the kasambahay earns under ₱5,000 a month. From ₱5,000 a month, the kasambahay pays a proportionate share and the employer pays the rest (RA 10361, Section 30).
Are kasambahay entitled to holiday pay?
The text of RA 10361 does not mention holiday pay. Ask DOLE (hotline 1349) for guidance on your situation.
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. 10361 (Batas Kasambahay / Domestic Workers Act), full text: LawPhil
- RA 10361 in the Official Gazette
- ILO and Philippine Migrants Rights Watch (2014): The Rights of Domestic Workers, a primer on RA 10361 (PDF): coverage, 13th-month computation
- NWPC: Latest wage orders issued by the regional boards, as of 10 October 2026 (PDF): domestic worker rates on pages 3 and 4
- Social Security System (SSS)
- PhilHealth
- Pag-IBIG Fund
- 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.