General information, not legal advice. This answer was written by the PhilippineLaws team from the law it cites and checked for accuracy to the best of our knowledge, last on Sep 29, 2026. It has not been reviewed by a lawyer. Read the cited law yourself, and for your own situation talk to a lawyer or the Public Attorney’s Office (PAO).
What are the legal rights, minimum wage, and benefits of a domestic worker (Kasambahay)?
Under the Batas Kasambahay (Republic Act No. 10361), domestic workers are entitled to the regional minimum wage, 13th-month pay, 5 days annual service incentive leave, mandatory SSS, PhilHealth, and Pag-IBIG coverage, and at least 24 consecutive hours of weekly rest. Neither party may terminate the employment without just cause or 15 days' advance written notice.
Illustrated Legal Brief
Full Plate| Situation | Rate |
|---|---|
| Daily rest periodContinuous uninterrupted rest per 24-hour cycle | 8 hours / day |
| Weekly rest dayConsecutive rest hours per week, scheduled by agreement | 24 hours / week |
| Annual Service Incentive LeavePaid leave after completing 1 year of continuous service | 5 days / year |
| Advance notice for terminationRequired in writing if terminating contract without just cause | 15 days |
Under RA 10361 Sec. 30, SSS, PhilHealth, and Pag-IBIG registration is mandatory after 1 month of service.
Why
Republic Act No. 10361, known as the 'Batas Kasambahay' (Domestic Workers Act), establishes comprehensive labor rights for all domestic workers, general househelps, cooks, nannies (yayas), gardeners, and personal laundry persons employed in private households.
Kasambahays must receive not less than the applicable regional minimum wage rate set by the Regional Tripartite Wages and Productivity Board (RTWPB). Wage payments must be made in legal tender (cash or bank transfer) at least once every two weeks or once a month, accompanied by a signed pay slip. Deductions for lodging, food, and standard household amenities are strictly forbidden.
Social security protection is mandatory: after one (1) month of service, the kasambahay must be enrolled in the Social Security System (SSS), Philippine Health Insurance Corporation (PhilHealth), and Home Development Mutual Fund (Pag-IBIG). Under Section 30, if the kasambahay's monthly wage is below ₱5,000, the employer must shoulder 100% of all monthly premiums; if ₱5,000 or higher, the premium is shared between employer and worker according to standard statutory schedules.
Rest periods and paid leave are guaranteed by law: at least eight (8) hours of continuous daily rest, and at least twenty-four (24) consecutive hours of weekly rest day. After completing one (1) full year of service, the kasambahay is entitled to five (5) days of annual service incentive leave with pay. They are also entitled to pro-rated or full 13th-month pay under Presidential Decree No. 851.
Under Section 32, neither party may terminate the employment contract before its expiration date without just cause, except by giving written notice at least fifteen (15) days in advance. If the employer unjustly terminates the kasambahay without notice and without just cause, the employer must pay earned wages plus an indemnity equal to fifteen (15) days' salary.
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