Domestic Workers Act - Protection and Welfare

State policy and purpose

The State affirms labor as a primary social force and commits to respect, promote, protect, and realize fundamental rights at work, including abolition of child labor, elimination of forced labor, elimination of discrimination in employment and occupation, and trafficking in persons, especially women and children (Section 2).
The State adheres to internationally accepted working conditions for workers in general and establishes labor standards for domestic workers in particular to ensure decent employment and income, enhanced social protection, human rights, and strengthened social dialogue (Section 2).
The State recognizes the need to protect domestic workers’ rights against abuse, harassment, violence, economic exploitation, and work hazardous to their physical and mental health (Section 2).
The State promotes gender-sensitive measures in formulating and implementing policies and programs affecting local domestic work (Section 2).

Coverage and key definitions

The Act applies to all domestic workers employed and working within the country (Section 3).
“Debt bondage” is rendering service by the domestic worker as security or payment for a debt where the length and nature of service is not clearly defined or when the value of the service is not reasonably applied in payment of the debt (Section 4[a]).
“Deployment expenses” are expenses directly used to transfer the domestic worker from place of origin to the place of work covering transportation cost, and advances or loans by the domestic worker are not included (Section 4[b]).
“Domestic work” means work performed in or for a household or households (Section 4[c]).
“Domestic worker (Kasambahaya)” is any person engaged in domestic work within an employment relationship (e.g., general househelp, nursemaid or yayaya, cook, gardener, or laundry person), but excludes persons who perform domestic work only occasionally or sporadically and not on an occupational basis (Section 4[d]).
The term excludes children under foster family arrangement provided access to education and an allowance incidental to education (e.g., baon, transportation, school projects, and school activities) (Section 4[d]).
“Employer” refers to any person who engages and controls the services of a domestic worker and is a party to the employment contract (Section 4[e]).
“Household” refers to the immediate members of the family or occupants of the house directly provided services by the domestic worker (Section 4[f]).
“Private Employment Agency (PEA)” is any individual, legitimate partnership, corporation, or entity licensed to recruit and place domestic workers for local employment (Section 4[g]).
“Working children” refers to domestic workers who are fifteen (15) years old and above but below eighteen (18) years old (Section 4[h]).

Rights, treatment, and employment conditions

The employer or any household member must not subject the domestic worker to abuse, or inflict any form of physical violence, harassment, or degrading acts toward the dignity of the domestic worker (Section 5).
The employer must provide basic necessities including at least three (3) adequate meals a day and humane sleeping arrangements ensuring safety (Section 6).
The employer must provide appropriate rest and assistance in case of illnesses and injuries sustained during service without loss of benefits (Section 6).
The employer cannot withdraw or hold in abeyance basic necessities as punishment or disciplinary action (Section 6).
The employer must guarantee the domestic worker’s privacy at all times, including protection of communication and personal effects, while recognizing the domestic worker’s obligation to render satisfactory service (Section 7).
The employer must grant access to outside communication during free time, and in emergencies even during work time; costs for use of the employer’s telephone or communication facilities are borne by the domestic worker unless waived by the employer (Section 8).
The employer must afford the domestic worker the opportunity to finish basic education, and may allow access to alternative learning systems and, as far as practicable, higher education or technical/vocational training; the employer must adjust the work schedule to allow education/training without hampering required services (Section 9).
All employer/household-related communication and information must be treated as privileged and confidential and must not be publicly disclosed by the domestic worker during and after employment; such information is inadmissible in evidence except when the suit involves the employer or household member in a crime against persons, property, personal liberty and security, and chastity (Section 10).
The employer must provide a daily aggregate rest period of eight (8) hours per day (Section 20).
The domestic worker must have at least twenty-four (24) consecutive hours of weekly rest; the employer and domestic worker must agree in writing on the weekly rest schedule, and the employer must respect the domestic worker’s preferred rest day based on religious grounds (Section 21).
Weekly rest may be arranged through written agreement for: (a) offsetting a day of absence with a rest day, (b) waiving a rest day for an equivalent daily rate of pay, (c) accumulating rest days not exceeding five (5) days, or (d) other similar arrangements (Section 21).
No domestic worker may be assigned to work in a commercial, industrial, or agricultural enterprise at a wage lower than that for agricultural or nonagricultural workers; the domestic worker must be paid the applicable minimum wage in such cases (Section 22).
Domestic work outside the original household may be agreed for a temporary task benefiting another household, but the original employer must bear liabilities incurred by the domestic worker due to the arrangement; such work entitles the domestic worker to additional payment of not less than the existing minimum wage rate of a domestic worker; the original employer may not charge any amount from the other household for the domestic worker’s temporary services (Section 23).
The minimum monthly wage of domestic workers must not be less than P2,500.00 for the National Capital Region (NCR), P2,000.00 for chartered cities and first class municipalities, and P1,500.00 for mother municipalities (Section 24).
After one (1) year from the Act’s effectivity and periodically thereafter, Regional Tripartite and Productivity Wage Boards (RTPWBs) must review and, if proper, determine and adjust domestic workers’ minimum wage rates (Section 24).
Wage payments must be made on time, directly to the domestic worker in cash at least once a month; deductions are prohibited except those mandated by law or allowed through the domestic worker’s written consent; wages cannot be paid using promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than cash (Section 25).
The domestic worker is entitled to thirteenth month pay as provided by law (Section 25).
The employer must provide a pay slip showing the cash amount paid and all deductions, if any; the employer must keep copies of the pay slip for three (3) years (Section 26).
The employer must not interfere with the domestic worker’s freedom to dispose of wages and must not force, compel, or oblige the domestic worker to purchase merchandise/commodities/properties from the employer or any other person or use the employer’s or another person’s stores or services (Section 27).
It is unlawful for the employer to withhold wages directly or indirectly; if the domestic worker leaves without justifiable reason, any unpaid salary for a period not exceeding fifteen (15) days is forfeited; the employer must not induce the domestic worker to give up any part of wages by force, stealth, intimidation, threat, or any other means (Section 28).
A domestic worker who has rendered at least one (1) year of service is entitled to five (5) days annual service incentive leave with pay; unused portions are not cumulative or carried over; unused leave cannot be converted to cash (Section 29).
A domestic worker who has rendered at least one (1) month of service must be covered by SSS, PhilHealth, and Pag-IBIG and is entitled to benefits under the pertinent provisions of law; premium payments or contributions are shouldered by the employer, but if the domestic worker’s wage is P5,000.00 and above per month, the domestic worker pays the proportionate share as provided by law (Section 30).
Upon illnesses or injuries sustained during service, the employer must provide appropriate rest and assistance without loss of benefits (Section 6).
Any abused or exploited domestic worker must be immediately rescued by a municipal or city social welfare officer or DSWD social welfare officer in coordination with concerned barangay officials; DSWD and DILG must develop a standard operating procedure for rescue and rehabilitation in coordination with DOLE for possible subsequent job placement (Section 31).
The employer must safeguard the domestic worker’s health and safety in accordance with laws, rules, and regulations, considering the peculiar nature of domestic work (Section 19).

Pre-employment requirements and recruitment rules

An employment contract must be executed between the domestic worker and employer before service commencement in a language or dialect understood by both parties (Section 11).
The domestic worker must be given a copy of the duly signed employment contract, which must include: duties and responsibilities; period of employment; compensation; authorized deductions; hours of work and proportionate additional payment; rest days and allowable leaves; board, lodging, and medical attention; agreements on deployment expenses, if any; loan agreement; termination of employment; and any other lawful condition agreed by both parties (Section 11[a]).
DOLE must develop a model employment contract for domestic workers and must make it available free of charge to domestic workers, employers, representative organizations, and the general public at all times; DOLE must disseminate information widely on its use (Section 11).
When employment is facilitated through a PEA, the PEA must keep copies of all domestic workers’ employment contracts and must make them available for verification and inspection by DOLE (Section 11).
Before executing the employment contract, the employer may require a medical certificate/health certificate issued by a local government health officer, barangay and police clearance, NBI clearance, and a duly authenticated birth certificate or alternative proof of age (voter’s identification card, baptismal record, or passport) (Section 12[a]).
When employment is facilitated through a PEA, Sections 12(a), 12(b), 12(c), and 12(d) operate as standard requirements (Section 12[a]).
The cost of these requirements must be borne by the prospective employer or agency (Section 12[a]).
No share in recruitment or finder’s fees may be charged against the domestic worker by the PEA or third party, regardless of hiring route (Section 13).
It is unlawful for the employer or any other person to require a domestic worker to make deposits from which deductions are made for reimbursement of loss or damage to tools, materials, furniture, and equipment in the household (Section 14).
It is unlawful for the employer or any person acting on behalf of the employer to place the domestic worker under debt bondage (Section 15).
It is unlawful to employ any person below fifteen (15) years of age as a domestic worker (Section 16).
Employment of working children must comply with the provisions of Section 10(A), paragraph 2 of Section 12-A, paragraph 4 of Section 12-D, and Section 13 of Republic Act No. 7610, as amended (Section 16).
Working children are entitled to minimum wage and all benefits provided under the Act (Section 16).
Any employer sentenced for an offense against a working child under the Act must be meted out a penalty one degree higher and must be prohibited from hiring a working child (Section 16).
Employers must register all domestic workers they employ in the Registry of Domestic Workers in the barangay where the employer’s residence is located; DILG, in coordination with DOLE, must formulate the registration system (Section 17).
DOLE, through TESDA, must facilitate domestic workers’ access to efficient training, assessment, and certification based on duly promulgated training regulation (Section 18).

Post-employment obligations and termination rules

Neither the domestic worker nor the employer may terminate the contract before expiration of the term except for grounds provided in Sections 33 and 34 (Section 32).
If the domestic worker is unjustly dismissed, the domestic worker must be paid compensation already earned plus the equivalent of fifteen (15) days’ work as indemnity (Section 32).
If the domestic worker leaves without justifiable reason, unpaid salary due not exceeding the equivalent of fifteen (15) days’ work is forfeited (Section 32).
If service is terminated within six (6) months from employment, the employer may recover from the domestic worker the costs related to deployment expenses, if any (Section 32).
If the duration of domestic service is not determined in the stipulation or by the nature of the service, either party may end the relationship by giving notice five (5) days before intended termination (Section 32).
The domestic worker and employer may mutually agree in writing on notice to pre-terminate the employment relationship (Section 32).
The domestic worker may terminate before contract expiration for causes including verbal or emotional abuse; inhuman treatment including physical abuse; commission of a crime or offense against the domestic worker by employer/household member; employer’s violation of employment contract terms and other standards under the Act; any disease prejudicial to the health of the domestic worker, employer, or household member/s; and other causes analogous to the foregoing (Section 33).
The employer may terminate before contract expiration for causes including misconduct or willful disobedience of lawful orders in connection with work; gross or habitual neglect or inefficiency; fraud or willful breach of trust; commission of a crime or offense by the domestic worker against the person of the employer or immediate family member; violation of contract terms and other standards under the Act; any disease prejudicial to the health of the domestic worker, employer, or household member/s; and other causes analogous to the foregoing (Section 34).
Upon severance, the employer must issue the domestic worker, within five (5) days from request, a certificate of employment indicating the nature, duration, and work performance (Section 35).

Private employment agencies (PEAs)

DOLE must regulate PEAs through a system of licensing and regulation to ensure the protection of domestic workers hired through PEAs (Section 36).
A PEA is jointly and severally liable with the employer for all wages, wage-related benefits, and other benefits due a domestic worker (Section 36).
The rules on PEAs under Presidential Decree No. 442, as amended (Labor Code of the Philippines), apply regarding qualifications (nationality, net worth, owners and officers, office space and other requirements) and nontransferability of license and commission of prohibited practices (Section 36).
PEAs must ensure domestic workers are not charged or levied recruitment or placement fees (Section 36[a]).
PEAs must ensure the employment agreement between domestic worker and employer stipulates terms and conditions of employment and all benefits prescribed by the Act (Section 36[b]).
PEAs must provide a pre-employment orientation briefing to both domestic worker and employer about rights and responsibilities under the Act (Section 36[c]).
PEAs must keep copies of employment contracts and relevant agreements and make them available during inspections or when required by DOLE or local government officials (Section 36[d]).
PEAs must assist domestic workers with complaints or grievances against employers (Section 36[e]).
PEAs must cooperate with government agencies in rescue operations involving abused or exploited domestic workers (Section 36[f]).

Dispute settlement, information program, and awards day

All labor-related disputes must be elevated to the DOLE Regional Office having jurisdiction over the workplace without prejudice to filing a civil or criminal action in appropriate cases (Section 37).
The DOLE Regional Office must exhaust conciliation and mediation efforts before issuing a decision (Section 37).
Ordinary crimes or offenses committed by either party under the Revised Penal Code and other special penal laws must be filed with the regular courts (Section 37).
DOLE, in coordination with DILG, SSS, PhilHealth, and Pag-IBIG, must develop and implement a continuous information dissemination program on the Act’s provisions at national and local levels immediately after enactment (Section 38).
The date the President approves the Domestic Workers Act is designated as “Araw ng mga Kasambahaya” (Section 39).

Penalties, transitional rules, implementation

Any violation of provisions declared unlawful under the Act is punishable by a fine of not less than P10,000.00 but not more than P40,000.00, without prejudice to filing appropriate civil or criminal action by the aggrieved party (Section 40).
Existing arrangements between domestic workers and employers must be adjusted to conform to the Act’s minimum standards within sixty (60) days after effectivity (Section 41).
Adjustments pertaining to wages take effect immediately after RTPWBs determine and issue the appropriate wage order (Section 41).
No provision of the Act may be construed to cause diminution or substitution of benefits and privileges currently enjoyed by domestic workers hired directly or through an agency (Section 41).
Implementing rules and regulations must be promulgated within ninety (90) days from effectivity by the Secretary of Labor and Employment, the Secretary of Social Welfare and Development, the Secretary of the Interior and Local Government, and the Director General of the Philippine National Police, in coordination with other concerned government agencies and accredited NGOs assisting domestic workers (Section 42).

Final clauses and repeal effect

Invalid or unconstitutional provisions do not affect remaining parts; the remaining provisions stay in full force and effect (Section 43).
Articles or provisions of Chapter III (Employment of Househelpers) of Presidential Decree No. 442, as amended and renumbered by Republic Act No. 10151, are expressly repealed (Section 44).
All laws, decrees, executive orders, issuances, rules and regulations, or parts inconsistent with the Act are repealed or modified accordingly (Section 44).