Domestic Workers Act - Protection and Welfare

Policy and international commitments

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, discrimination-free employment, and trafficking in persons (especially women and children) (Section 2(a)).
The State adheres to internationally accepted working conditions and sets labor standards for domestic workers to promote decent employment and income, enhanced social protection coverage, human rights, and strengthened social dialogue (Section 2(b)).
The State recognizes the need to protect domestic workers from abuse, harassment, violence, economic exploitation, and work that is hazardous to their physical and mental health (Section 2(c).
The Act promotes gender-sensitive measures in policies and programs affecting domestic work and domestic workers’ special needs (Section 2(d)).

Coverage and defined terms

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

Rights, treatment, and working conditions

The employer and household members must not subject domestic workers to abuse, physical violence, harassment, or acts that degrade dignity (Section 5).
Employers must provide basic necessities including at least three (3) adequate meals a day and humane sleeping arrangements ensuring safety (Section 6(a)).
Employers must provide appropriate rest and assistance for illnesses and injuries sustained during service without loss of benefits (Section 6(b)).
Employers may not withdraw or withhold those basic necessities as punishment or disciplinary action (Section 6(c)).
The privacy of the domestic worker is guaranteed at all times, covering all forms of communication and personal effects (Section 7).
Employers must guarantee the domestic worker access to outside communication during free time, and during emergencies even during work time (Section 8).
If the domestic worker uses the employer’s telephone or communication facilities, the domestic worker bears the costs unless waived by the employer (Section 8).
Employers must afford opportunities to finish basic education, may allow alternative learning systems, and may allow access to higher education or technical and vocational training as far as practicable (Section 9(a)).
Employers must adjust the domestic worker’s schedule to allow education/training without hampering required services (Section 9(b)).
Communication and information pertaining to the employer or household members is privileged and confidential and must not be publicly disclosed by the domestic worker during and after employment; it is inadmissible in evidence except when the suit involves the employer/household members in a crime against persons, property, personal liberty and security, and chastity (Section 10).
Employers must safeguard the domestic worker’s health and safety in accordance with laws, rules, and regulations, with due consideration of the nature of domestic work (Section 19).
Domestic workers are entitled to an aggregate daily rest period of eight (8) hours per day (Section 20).
Domestic workers are entitled to at least twenty-four (24) consecutive hours of rest per week, with the schedule agreed in writing (Section 21).
Employers must respect the domestic worker’s preference for the weekly rest day when based on religious grounds (Section 21).
The parties may agree in writing to (a) offset a day of absence with the weekly rest day, (b) waive a particular rest day in return for an equivalent daily rate of pay, (c) accumulate 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 rate lower than the agricultural or nonagricultural workers’ wage; in such cases, the domestic worker must be paid the applicable minimum wage (Section 22).
The parties may agree for temporary work outside the household for the benefit of another household; the original employer must bear liabilities incurred by the domestic worker due to that arrangement, the domestic worker must receive additional payment of not less than the existing minimum wage rate of a domestic worker, and the original employer may not charge the other household any amount (Section 23).

Employment contract and pre-employment requirements

An employment contract must be executed between the domestic worker and employer before commencement of service, in a language/dialect understood by both parties (Section 11(a)).
The domestic worker must be given a copy of the duly signed contract, which must include duties/responsibilities, period of employment, compensation, authorized deductions, hours of work and proportionate additional payment, rest days and allowable leaves, board/lodging/medical attention, agreements on deployment expenses (if any), loan agreement, termination provisions, and any other lawful condition agreed by both parties (Section 11(a)(a)–(k)).
The DOLE must develop a model employment contract for domestic workers, available free of charge to domestic workers, employers, representative organizations, and the general public, and DOLE must widely disseminate information on its use (Section 11(b)).
When employment is facilitated through a PEA, the PEA must keep copies of all employment contracts and make them available for DOLE verification and inspection (Section 11(c)).
Before execution of the employment contract, the employer may require: a medical or health certificate issued by a local government health officer; barangay and police clearance; NBI clearance; and a duly authenticated birth certificate or, if unavailable, any other document showing age such as a voter’s identification card, baptismal record, or passport (Section 12(a)).
Section 12(a), (b), (c), and (d) become standard requirements when employment is facilitated through a PEA (Section 12).
The costs of the required documents must be borne by the prospective employer or agency (Section 12).
Regardless of whether a domestic worker is hired through a PEA or third party, no share in recruitment or finder’s fees may be charged against the domestic worker by the PEA or third party (Section 13).
Employers or any other person may not require deposits from which deductions are made for reimbursement of loss or damage to household tools, materials, furniture, and equipment (Section 14).
Employers or any person acting for the employer may not place a domestic worker under debt bondage (Section 15).

Child domestic workers and minimum protections

It is unlawful to employ any person below fifteen (15) years of age as a domestic worker (Section 16).
Employment of working children is subject to the cited provisions of Republic Act No. 7610, including its provisions on protection against abuse, exploitation, and discrimination (Section 16).
Working children are entitled to minimum wage and all benefits provided under the Act (Section 16).
If an employer has been sentenced for an offense against a working child under the Act, the court-imposed penalty is one degree higher, and the employer is prohibited from hiring a working child (Section 16).

Registration, training, and health-safety systems

Employers must register all domestic workers under their employment in the Registry of Domestic Workers in the barangay where the employer’s residence is located; DILG must formulate the registration system in coordination with DOLE (Section 17).
DOLE, through TESDA, must facilitate domestic workers’ access to training, assessment, and certification based on duly promulgated training regulations (Section 18).

Wages, payments, and benefits

Minimum wages for domestic workers must not be less than: PHP 2,500.00 per month for those employed in the NCR; PHP 2,000.00 per month for those employed in chartered cities and first class municipalities; and PHP 1,500.00 per month for those employed in mother municipalities (Section 24(a)–(c)).
After one (1) year from the effectivity of the Act, and periodically thereafter, the Regional Tripartite and Productivity Wage Boards (RTPWBs) must review and, if proper, determine and adjust minimum wage rates for domestic workers (Section 24).
Wages must be paid on time directly to the domestic worker in cash at least once a month (Section 25(a)).
No employer may make deductions from wages other than those mandated by law unless the domestic worker allows deductions through written consent (Section 25(a)).
Employers may not pay wages using promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than the cash wage (Section 25(a)).
Domestic workers are entitled to thirteenth month pay as provided by law (Section 25(b)).
Employers must provide a pay slip showing the cash amount paid every pay day and indicating all deductions made (if any), and must keep copies for three (3) years (Section 26).
Employers may not interfere with the domestic worker’s freedom to dispose of wages and may not force, compel, or oblige the domestic worker to purchase merchandise/commodities/properties from the employer or any other person or to use store or services of the employer or any other person (Section 27).
Employers may not withhold wages directly or indirectly (Section 28).
If the domestic worker leaves without any justifiable reason, any unpaid salary for a period not exceeding fifteen (15) days is forfeited (Section 28).
Employers may 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 annual service incentive leave of five (5) days with pay; unused portions do not carry over or become cumulative, and unused leaves are not convertible 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 applicable laws (Section 30(a)).
Premium payments or contributions are shouldered by the employer, but if the domestic worker receives a wage of PHP 5,000.00 and above per month, the domestic worker must pay the proportionate share in premiums/contributions as provided by law (Section 30(b)).
Domestic workers are also entitled to other benefits under existing laws (Section 30(c)).

Abuse rescue and rehabilitation

Any abused or exploited domestic worker must be immediately rescued by a municipal or city social welfare officer or a DSWD social welfare officer in coordination with concerned barangay officials (Section 31(a)).
DSWD and DILG must develop standard operating procedures for rescue and rehabilitation of abused domestic workers and, in coordination with DOLE, for possible subsequent job placement (Section 31(b).

Termination, notices, and employment certification

Neither domestic workers nor employers may terminate the contract before the expiration of the term except on grounds 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, any unpaid salary due not exceeding the equivalent of fifteen (15) days work is forfeited (Section 32).
If deployment expenses exist, the employer may recover costs incurred related to deployment expenses if service is terminated within six (6) months from the domestic worker’s employment (Section 32).
If duration is not determined in stipulation or by nature of service, either party must give notice to end the relationship five (5) days before intended termination (Section 32).
The domestic worker and employer may mutually agree upon written notice to pre-terminate the employment relationship (Section 32).
The domestic worker may terminate the relationship before contract expiration for: verbal or emotional abuse; inhuman treatment including physical abuse; employer/household commission of a crime or offense against the domestic worker; violation by the employer of contract terms and standards under the Act; any disease prejudicial to the domestic worker, employer, or household members; or other analogous causes (Section 33(a)–(f)).
The employer may terminate before contract expiration for: 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 employer or immediate family; violation of contract terms and standards under the Act; any disease prejudicial to health of the domestic worker, employer, or household members; or other analogous causes (Section 34(a)–(g)).
Upon severance, the employer must issue an employment certificate within five (5) days from request, indicating nature, duration, and work performance (Section 35).

Private employment agencies regulation

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

Dispute settlement and criminal offenses

All labor-related disputes must be elevated to the DOLE Regional Office having jurisdiction over the workplace (Section 37).
Elevation to DOLE does not prevent filing of a civil or criminal action in appropriate cases (Section 37).
The DOLE Regional Office must exhaust conciliation and mediation efforts before rendering a decision (Section 37).
Ordinary crimes or offenses under the Revised Penal Code and other special penal laws committed by either party must be filed with regular courts (Section 37).

Information program and observance day

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 President’s approval date is designated as “Araw ng mga Kasambahaya” (Section 39).

Penalties, transitory standards, rules, and repeal

Any violation of provisions declared unlawful is punishable with a fine of not less than PHP 10,000.00 but not more than PHP 40,000.00, without prejudice to filing appropriate civil or criminal actions by the aggrieved party (Section 40).
All existing arrangements between domestic workers and employers must be adjusted to conform to minimum standards within sixty (60) days after effectivity of the Act (Section 41).
Wage adjustments under the Act take effect immediately after RTPWBs determine and issue the appropriate wage order (Section 41).
The Act prohibits 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, Secretary of Social Welfare and Development, Secretary of the Interior and Local Government, and Director General of the Philippine National Police, in coordination with other concerned agencies and accredited NGOs assisting domestic workers (Section 42).
If any provision or part is invalid or unconstitutional, remaining unaffected parts remain in full force and effect (Section 43).
The Act expressly repeals all articles or provisions of Chapter III (Employment of Househelpers) of Presidential Decree No. 442, as amended and renumbered by Republic Act No. 10151; it also repeals or modifies laws, decrees, executive orders, issuances, rules, and regulations inconsistent with the Act (Section 44).