The Short Answer
A kasambahay has a right to a written contract, a wage not lower than the minimum wage for domestic workers in the region, at least 8 hours of rest a day and 24 hours in a row off each week, SSS, PhilHealth and Pag-IBIG coverage after a month of work, 13th month pay, and 5 days of paid leave a year after a year of service. The employer cannot ask for a deposit for things that might break, and can end the job only for reasons the law allows.
Example: Lorna Abad, a Yaya for an OFW Family in Parañaque
Names and details in this example are made up.
Lorna Abad, 24, from Calbayog City, Samar, is hired as a yaya in Barangay San Antonio, Parañaque City. Her employer is Teresa Villanueva, who looks after her two grandchildren while their mother works as a nurse in Riyadh and their father is a seafarer. Say they agree on a monthly wage of ₱10,000. This is a sample figure; before agreeing, Teresa checks that it is not below the current wage order for domestic workers in Metro Manila.
Before Lorna starts. Teresa and Lorna sign a written contract in Filipino, with a copy for Lorna. Teresa pays Lorna's bus fare from Samar, and no finder's fee is charged to Lorna. Teresa registers Lorna in the barangay's Registry of Domestic Workers.
After a month. Teresa registers Lorna with the SSS, PhilHealth and Pag-IBIG. Because Lorna earns ₱5,000 or more a month, Lorna pays her own employee share of the contributions, which Teresa may deduct from her wage. Teresa pays the employer's share.
Rest. Lorna has at least 8 hours of rest each day in total, and every Sunday off from 6:00 a.m. to 6:00 a.m. Monday, so she can go to church and see her cousin in Pasay.
A broken plate. When Lorna breaks a set of plates, Teresa cannot take a "deposit" or deduct it automatically. The law bans deposits for loss or damage.
In December. Lorna's 13th month pay is at least ₱10,000 × 12 months ÷ 12 = ₱10,000. Free meals and her room are not part of her wage and are not deducted from it. After her first year, she also gets 5 days of paid leave a year.
If she wants to leave. Their contract has no fixed end date, so either of them can end it by giving the other 5 days' notice. If Lorna leaves without notice and without a valid reason, she may lose up to 15 days' unpaid wage. If Teresa dismisses her without a valid reason, Teresa must pay what Lorna has earned plus 15 days' wage.
Who the Law Covers
The Domestic Workers Act, Republic Act No. 10361 (RA 10361), also called the Batas Kasambahay, covers people who do household work in a home on a regular basis: general househelp, yaya, cook, gardener, laundry person, and others doing domestic work in the household.
It does not cover family drivers, children living with a foster family, or people who do housework only now and then and not as a regular job.
No one under 15 may be hired as a kasambahay. A kasambahay aged 15 to 17 gets the same pay and benefits, and the law gives them extra protection, including their schooling.
Contract, Wage and Deductions
- Written contract, signed before work starts, in a language the kasambahay understands, with a copy for them. It states the duties, pay, rest days and other terms. Use our Kasambahay Employment Contract.
- Minimum wage. The wage may not be lower than the minimum wage for domestic workers set by the Regional Tripartite Wages and Productivity Board (RTWPB) (the regional wage board) for the region. Rates differ by region and change by wage order, so check the latest one on the National Wages and Productivity Commission website.
- Paid at least once a month, directly to the kasambahay, in cash, with a payslip. Not by Promissory Note, voucher or token.
- Deductions only as the law allows or as the kasambahay agrees in writing. The employer may not require a deposit for loss or damage to household items.
- No recruitment or finder's fee may be charged to the kasambahay.
Rest, Leave, Board and Treatment
- Daily rest: at least 8 hours in total each day.
- Weekly rest: at least 24 hours in a row each week. The day is agreed on, and the employer should respect the kasambahay's religious preference.
- Service incentive leave: at least 5 days with pay each year, after one year of service.
- 13th month pay: at least one-twelfth of the basic salary for the year, for a kasambahay who has worked at least one month. Work it out with the 13th month pay calculator, and see who gets 13th month pay.
- Board and lodging: at least three adequate meals a day, a humane place to sleep, and help when sick or injured. These are free and may not be withheld as punishment.
- Respect and privacy: no abuse, no harassment, and respect for their letters, phone and belongings. They may contact family during free time, and anytime in an emergency.
- Education: the employer should give the kasambahay a chance to finish basic education or further study, with work hours arranged around it.
SSS, PhilHealth and Pag-IBIG
A kasambahay who has worked for at least one month must be covered by the SSS, PhilHealth and the Pag-IBIG Fund. The employer registers them and pays the contributions.
- If the kasambahay earns less than ₱5,000 a month, the employer pays both the employer's and the employee's share.
- If they earn ₱5,000 or more, the kasambahay pays their own employee share, which the employer may deduct from the wage.
The employer must also register the kasambahay in the Registry of Domestic Workers of the barangay where the employer lives. See SSS benefits: what you can claim and how.
Ending the Job, and Where to Complain
- If the contract has a fixed term, neither side may end it early except for the grounds in RA 10361, or by agreement.
- If there is no fixed term, either side may end it by giving 5 days' notice.
- The kasambahay may leave anytime, without notice, for causes such as verbal or emotional abuse, inhuman treatment, a crime against them, or the employer's breaking the contract.
- The employer may dismiss for causes such as serious misconduct, willful disobedience, gross neglect of duty, fraud or breach of trust, a crime against the household, or breaking the contract.
- If dismissed without a valid reason, the kasambahay gets the wage already earned plus 15 days' wage. If the kasambahay leaves without a valid reason, they may lose up to 15 days' unpaid wage.
- When the job ends, the employer must give a Certificate of Employment within 5 days of the kasambahay's request.
Disputes about wages, benefits and the contract go to the DOLE regional office that covers the place of work. Crimes like physical abuse or illegal detention can also be reported to the PNP or the barangay. See complaining about your employer.
Common Questions
Kailangan ba Talaga ng Kontrata Para sa Kasambahay?
Yes. RA 10361 requires a written contract signed before work starts, in a language the kasambahay understands, with a copy for them. You can use our Kasambahay Employment Contract.
Magkano ang Minimum na Sahod ng Kasambahay?
It depends on the region. The regional wage board sets it by wage order, and rates change. Check the latest wage order for your region on the National Wages and Productivity Commission website or ask the DOLE regional office.
Can We Deduct the Cost of a Broken Item From Our Kasambahay's Salary?
The law bans requiring a deposit for loss or damage, and deductions are allowed only as the law provides or with the kasambahay's written consent. Talk it over and put any agreement in writing; do not deduct it automatically.
Does a Kasambahay Get SSS and Pag-IBIG Even If Their Pay Is Low?
Yes, after one month of work. If they earn less than ₱5,000 a month, the employer pays the whole contribution, including the kasambahay's share.
Our Kasambahay Left Without Notice. Do We Still Have to Pay Her?
You must pay the wage she already earned. If she left without a valid reason, the law allows up to 15 days of unpaid wage to be forfeited (kept back). If there is a dispute, the DOLE regional office handles it.
Not legal advice. This is general information. For advice on your own situation, consult a lawyer. If you cannot afford one, the Public Attorney's Office (PAO) or an IBP legal aid office may help for free.
Government fees, rules and requirements change, so always check with the office concerned before you go. This page explains the general rules; it cannot tell you how they apply to your own family or case. Last reviewed October 8, 2026.