A summary of the proposed provisions of the Batas Kasambahay.

Humane Treatment. Domestic workers shall be treated in a just and humane way. Verbal and physical abuse, imprisonment inside the home, or forcibly making them render services in other homes is absolutely unacceptable.

Basic Needs. According to the capacity of the employers, domestic workers are to be provided with a clean place to stay, enough food, and medical attention in case of sickness due to work.

Security. A contract should be signed indicating that the employment will not last more than a year, as an official document for ending services or any relationship with the employer.

Standard Pay and 13th-Month Pay. In Metro Manila, the monthly salary should not be below PhP2,500; and PhP1,700 in all other first class cities and municipalities; PhP1,500 for the rest. In addition, 13th month pay is mandatory in the amount of the monthly salary; there should be yearly pay increases. Payment shall be made directly to the domestic worker without any deductions unless agreed upon by the employer and domestic worker through a written agreement. The domestic worker will not shoulder any expense including
transportation fares, recruitment or finders’ fees, and medical examination fees.

Prescribed Hours of Work. No domestic worker will work more than 10 hours a day, exclusive of one-hour breaks for meals. The employer will duly compensate any work rendered by the domestic worker beyond the ten hours accordingly. The domestic worker shall be allowed at least 8 continuous hours of rest per day.

Regular Working Days. No domestic worker shall render work for more than 6 days per week, or rest for less than 4 days per month. While the specific day of the week set aside as the domestic worker’s rest day may be stipulated in the employment contract, the same may be exchanged for another day of the week upon the mutual agreement of the domestic worker and the employer as the exigencies of the household may dictate. Domestic workers are also entitled to a 14-day vacation leave with pay annually, and paternity or
maternity leave.

Protecting Minors. Although the law allows youths 15 to 17 years old to work as domestic workers, it is illegal to engage them in working environments hazardous to their well being, health and morality. It is unlawful to hire anyone below fifteen years of age.

SSS & Phil Health Membership. Domestic workers should be covered by the Social Security (SSS) and Philippine Health Insurance Corporation (Phil Health) and enjoy the benefits provided by these agencies. To facilitate this, the SSS launches outreach programs for domestic workers.

Self Development. It is the right of every domestic worker to strive for self-development and education as allowed by her work schedule. This right will not be a precedent for any deductions from the domestic worker’s salary. There will be no domestic worker below legal age denied of formal or vocational education.

Participation. The privacy of domestic workers shall be respected at all times, especially during their rest periods and concerning personal communication outside of the employer’s house. No domestic worker will be hampered from seeking the assistance of legal representatives like the Department of Labor and Employment (DOLE), barangay council or registered non-government organizations. As a way
to give them due recognition for their contribution to society, the “Araw ng mga Kasambahay” (Domestic Workers Day) will be observed as a non-working holiday with pay.

(Based on Senate Bill No. 1772, authored by Senator Jinggoy Estrada)

Click on the link below to download 10 Batayang Karapatan ng mga Kasambahay Poster