Domestic Worker Contract — Kasambahay (Philippines)
KASAMBAHAY EMPLOYMENT CONTRACT
Republic Act No. 10361 (Domestic Workers Act / Batas Kasambahay)
DOLE Department Order No. 05-2013 (Implementing Rules)
This Kasambahay Employment Contract ("Contract") is entered into this [Contract Date] by and between:
EMPLOYER: [Employer Name], residing at [Employer Address] ("Employer"); AND
KASAMBAHAY: [Kasambahay Name], born on [Kasambahay Birthdate], with permanent address at [Kasambahay Address] ("Kasambahay").
1. NATURE OF EMPLOYMENT AND DUTIES
1.1 The Employer engages the Kasambahay as [Job Title], effective [Start Date], at the Employer's residence at [Employer Address].
1.2 Accommodation: [Accommodation Type].
1.3 Specific duties and responsibilities: [Job Duties]
1.4 The Kasambahay shall not be assigned to work for another household or for a commercial establishment, industrial undertaking, or agricultural enterprise per Section 4(d), RA 10361.
2. COMPENSATION AND BENEFITS
2.1 Monthly Wage: [Monthly Wage], payable on [Payment Day], in cash, directly to the Kasambahay per Section 25, RA 10361.
2.2 Mandatory Benefits under RA 10361: (a) SSS coverage (RA 11199) — employer pays entire premium if monthly wage is below PHP 5,000; above PHP 5,000, both parties share contributions; (b) PhilHealth coverage (RA 7875/11223); (c) Pag-IBIG/HDMF coverage (RA 9679); (d) 13th Month Pay per PD 851 payable on or before December 24; (e) 5 days annual service incentive leave per Section 29, RA 10361.
2.3 Rest periods: Daily rest of [Daily Rest Period]; weekly rest on [Rest Day] per Sections 20-23, RA 10361.
2.4 If live-in: The Employer shall provide free and adequate food (at least 3 meals daily) and lodging per Section 14, RA 10361. The Employer shall also shoulder the cost of medical attendance and medicines in case of illness or injury per Section 15.
3. TERMINATION
3.1 By the Kasambahay: The Kasambahay may terminate without prior notice if: (a) the Employer subjects the Kasambahay to verbal, emotional, psychological, or physical abuse; (b) the Employer commits a crime against the Kasambahay or family member; (c) the Employer violates the terms of this Contract (Section 36, RA 10361).
3.2 By the Employer: The Employer may terminate for just cause (misconduct, crime, AWOL) upon giving 5 days written notice per Section 33, RA 10361. If terminated without just cause, the Kasambahay is entitled to 15 days salary for every year of service or fraction thereof as indemnity per Section 34.
4. OTHER RIGHTS AND PROTECTIONS
4.1 The Kasambahay shall be treated with dignity and respect. Physical, psychological, and verbal abuse is prohibited (Section 5, RA 10361).
4.2 Access to education: If a live-in Kasambahay is below 18 years of age, the Employer shall ensure access to basic education per Section 17, RA 10361.
4.3 This Contract shall be registered with the barangay where the Employer resides per Section 12, RA 10361, within 30 days of execution.
5. GOVERNING LAW
5.1 This Contract is governed by RA 10361 (Kasambahay Law) and DOLE D.O. 05-2013. Disputes shall be referred to the DOLE Regional Office.
IN WITNESS WHEREOF, the parties have signed this Kasambahay Employment Contract on the date first above written.
[Employer Name]
Employer
[Kasambahay Name]
Kasambahay
Employer
________________
Signature
Kasambahay
________________
Signature
What Is a Domestic Worker Contract — Kasambahay (Philippines)?
A Domestic Worker Contract — Kasambahay in the Philippines records the bargain between the parties, fixing their respective rights, duties and remedies.
Before the Kasambahay Law, domestic workers in the Philippines were covered only by Articles 141-152 of the Labor Code (now repealed by RA 10361), which provided minimal protections far below the standards applicable to regular employees. Republic Act No. 10361, signed into law on January 18, 2013, and effective June 4, 2013, raised minimum wages for kasambahay, mandated mandatory social insurance coverage, established rest day entitlements, and prohibited the use of kasambahay as security for debt.
Under Section 11 of RA 10361, a written employment contract is required for every kasambahay employment and must be executed in a language or dialect understood by both parties. The contract must contain: the duties and responsibilities of the kasambahay; the period of employment; the compensation; and any accommodation, food, and medical attendance. Section 12 of RA 10361 further requires that the employment contract be registered with the barangay where the household employer resides within 30 days of the kasambahay's engagement.
The National Wages and Productivity Commission (NWPC) sets minimum wage rates for kasambahay under NWPC Guidelines: PHP 6,000/month in the National Capital Region (NCR), PHP 5,500/month in chartered cities and first-class municipalities, and PHP 5,000/month in other municipalities, as of the current NWPC rates. The Kasambahay Law also entitles domestic workers to SSS, PhilHealth, and Pag-IBIG coverage — with the employer paying the employer's share of contributions.
The legal framework governing the Domestic Worker Contract — Kasambahay (Philippines) in Philippines draws on several key statutes and regulatory bodies. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Parties executing a Domestic Worker Contract — Kasambahay (Philippines) in Philippines should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Labor Code of the Philippines (PD 442) sets the foundational requirements.
When Do You Need a Domestic Worker Contract — Kasambahay (Philippines)?
A Kasambahay Contract in the Philippines is legally required under Section 11 of Republic Act No. 10361 whenever a household employer hires a domestic worker.
A Kasambahay Contract is required when hiring a full-time live-in househelper (yayas, cooks, housemaids) to perform household tasks within the employer's home under Section 4 of RA 10361, which defines a domestic worker as any person who regularly performs domestic work within the employer's household for an agreed compensation.
A Kasambahay Contract is needed when engaging a family driver, gardener, or household caretaker whose primary duties are performed within or for the household, as these positions fall within the definition of kasambahay under the Kasambahay Law's broad coverage.
A Kasambahay Contract is required when hiring a caregiver for an elderly parent or a disabled family member who resides in the employer's household, making the caregiver a kasambahay under Section 4(d) of RA 10361, even if the caregiver provides specialized personal care services.
A Kasambahay Contract is needed for part-time or live-out domestic workers ("day workers") who come to the household for specific hours or days and return to their own homes — RA 10361 covers both live-in and live-out arrangements, though live-in kasambahay have additional entitlements for board and lodging under Section 9 of RA 10361.
A Kasambahay Contract is required by barangay officials during the mandatory barangay registration under Section 12 of RA 10361, as no registration can be completed without a signed employment contract specifying the terms of engagement.
Parties in Philippines should prepare a Domestic Worker Contract — Kasambahay (Philippines) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Domestic Worker Contract — Kasambahay (Philippines)
A valid Philippines Kasambahay Contract must contain the following essential elements under Section 11 of Republic Act No. 10361 and its IRR.
Parties and Barangay Registration: Full legal names, addresses, and ages of the household employer and the kasambahay. The kasambahay must be at least 15 years of age (18 for hazardous work under RA 9231, Anti-Child Labor Law). The contract must be registered with the barangay where the household employer resides within 30 days of engagement under Section 12 of RA 10361.
Duties and Scope of Work: A specific description of the kasambahay's duties — cooking, cleaning, childcare, eldercare, driving — because a kasambahay may not be required to perform tasks outside those agreed upon without additional compensation. Section 6 of RA 10361 prohibits assigning the kasambahay to a non-household employer or to a family member of the employer not residing in the household.
Compensation: The monthly salary in PHP ₱, which must not be less than the applicable NWPC minimum wage: PHP 6,000/month in NCR, PHP 5,500/month in chartered cities and first-class municipalities, PHP 5,000/month in other municipalities. Wages must be paid in cash directly to the kasambahay at least once a month under Section 24 of RA 10361 — payment in kind (deducting for food or lodging) is limited and regulated.
Mandatory Benefits and Contributions: Under Section 30 of RA 10361, the employer must register the kasambahay with SSS (RA 11199), PhilHealth (RA 7875), and Pag-IBIG (RA 9679) within 30 days of engagement and pay the employer's share of contributions. The kasambahay earning below PHP 5,000/month has their entire contribution paid by the employer under SSS, PhilHealth, and Pag-IBIG rules.
Rest Day and Leave: At least 24 consecutive hours of rest per week (rest day) under Section 25 of RA 10361. The kasambahay is also entitled to 5 days annual service incentive leave and, if covered by SSS, sickness benefit, maternity benefit (RA 11210), and paternity benefit (RA 8187) where applicable.
Board and Lodging: For live-in kasambahay, the employer provides adequate food and suitable accommodation under Section 9 of RA 10361. The fair value of board and lodging cannot be deducted from the kasambahay's minimum wage to bring it below the statutory minimum.
Additional compliance elements for a Domestic Worker Contract — Kasambahay (Philippines) used in Philippines include: Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.
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title = {Domestic Worker Contract — Kasambahay (Philippines) (Philippines)},
year = {2026},
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note = {Free legal document template. Based on Labor Code of the Philippines (PD 442)}
}Frequently Asked Questions
The minimum wage for kasambahay (domestic workers) in the Philippines is set by the National Wages and Productivity Commission (NWPC) under Republic Act No. 10361 (Kasambahay Law, 2013), not by the Regional Tripartite Wages and Productivity Boards (RTWPB) that set wages for commercial and industrial workers. The current NWPC minimum wage rates for kasambahay are: PHP 6,000 per month in the National Capital Region (NCR, Metro Manila); PHP 5,500 per month in chartered cities and first-class municipalities outside NCR; and PHP 5,000 per month in other municipalities. These rates apply regardless of whether the kasambahay is live-in or live-out (day worker). The kasambahay is also entitled to 13th month pay under PD 851, computed on the basic monthly salary, payable on or before December 24. The employer cannot deduct the value of board and lodging from the minimum wage to bring it below the statutory minimum — the minimum wage is a cash entitlement. Violations of the minimum wage provisions of RA 10361 are cognizable by the DOLE Regional Office under Section 43 of RA 10361 and may result in administrative penalties against the employer.
Yes, barangay registration of a kasambahay employment contract is mandatory under Section 12 of Republic Act No. 10361 (Kasambahay Law). The household employer must register the kasambahay's employment with the barangay where the employer's household is located within 30 days from the start of employment. The barangay registration serves as the official local record of the kasambahay's employment and is used by barangay authorities to monitor compliance with RA 10361 requirements. The barangay chairman issues a barangay clearance confirming the registration. The barangay may also conduct home visits to verify compliance with minimum wage and benefit provisions. In addition to barangay registration, the employer must register the kasambahay with the Social Security System (SSS), PhilHealth, and Pag-IBIG within 30 days of engagement under Section 30 of RA 10361. Failure to register with the barangay is a violation of RA 10361 and may result in administrative sanctions. For prospective kasambahay employers, the local barangay office provides registration forms and guidance on compliance with RA 10361 requirements at no cost.
A kasambahay in the Philippines may be dismissed for just cause under Section 33 of Republic Act No. 10361 (Kasambahay Law). The just causes for dismissal of a kasambahay include: (1) misconduct or willful disobedience of the lawful orders of the household employer in connection with the kasambahay's work; (2) gross and habitual neglect of duties; (3) fraud or breach of trust; (4) commission of a crime or offense against the employer, any immediate family member, or employer's authorized representatives; and (5) other analogous causes. Before dismissal for just cause under RA 10361, the employer must: give the kasambahay a written notice specifying the grounds for termination; give the kasambahay an opportunity to explain their side; and issue a written notice of the employer's decision. This is the RA 10361 equivalent of the twin-notice rule. A kasambahay dismissed without just cause is entitled to: one month's salary for every year of service as indemnity, with a fraction of at least 6 months counted as one year under Section 34 of RA 10361. Kasambahay may also be dismissed for authorized causes under Section 34 of RA 10361, with the same indemnity obligation.
Yes, all kasambahay in the Philippines are entitled to SSS, PhilHealth, and Pag-IBIG coverage under Section 30 of Republic Act No. 10361 (Kasambahay Law). The employer is required to register the kasambahay with all three agencies within 30 days from the start of employment and remit both the employer's and employee's shares of contributions. For kasambahay earning a monthly wage of PHP 5,000 or below, the employer pays the entire contribution — both employer and employee shares — for SSS, PhilHealth, and Pag-IBIG, under the special coverage rules for household workers in these agencies' regulations. For kasambahay earning more than PHP 5,000 per month, the standard contribution-sharing rules apply. SSS coverage under RA 11199 entitles the kasambahay to SSS retirement, disability, death, maternity, and sickness benefits. PhilHealth coverage under RA 7875 (as amended by RA 11223) entitles the kasambahay to inpatient and outpatient medical benefits under the National Health Insurance Program. Pag-IBIG coverage under RA 9679 entitles the kasambahay to housing loan benefits and provident savings. Employers who fail to provide mandatory coverage are subject to civil and criminal penalties under the respective agency laws.
A kasambahay in the Philippines is entitled to at least 24 consecutive hours of rest per week under Section 25 of Republic Act No. 10361 (Kasambahay Law). The employer and kasambahay may agree on which specific day of the week shall be the rest day — there is no requirement that it be Sunday or any particular day. The kasambahay is also entitled to a minimum rest period of 8 consecutive hours between work shifts under DOLE's implementing rules for RA 10361. In addition to the weekly rest day, the kasambahay is entitled to 5 days annual service incentive leave with pay under Section 29 of RA 10361, for every year of service. For regular national holidays, the kasambahay is entitled to holiday pay — the same rate (200% for regular holidays) applicable to other employees under Article 94 of the Labor Code. Section 7 of RA 10361 prohibits employers from assigning kasambahay to work during the rest day without the kasambahay's consent and without appropriate compensation. Employers who routinely deny rest days or service incentive leave to kasambahay may face complaints at the DOLE Regional Office under RA 10361's enforcement mechanisms.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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