The Kasambahay Law (The Philippine Maid Law): What Every Employer and Helper Should Know
Curated by MaidProvider.ph Human+ Insights
The Philippines has one of the clearest legal protections for domestic workers in Southeast Asia, officially known as Republic Act 10361, or the “Domestic Workers Act” (popularly referred to as the “Maid Law” or Batas Kasambahay).
Yet many families — and even many helpers — still ask the same questions:
“What exactly does the law require?”
“What are we legally supposed to provide?”
“What rights does a helper truly have?”
Here is the simplest explanation of RA 10361, written for both Filipinos and expats, with an honest look at the difference between the law and real life.
1. A Written Contract Is Required
Before a kasambahay starts working, there must be a written employment contract.
This protects both the employer and the worker from misunderstandings.
The contract should include:
List of duties
Salary
Work schedule & hours
Rest day
Food & lodging arrangements
Benefits
Start date
2. Minimum Wage Must Be Followed (2025 Updates)
Wages are set by Regional Wage Boards and update periodically.
As of late 2024 / early 2025, significant increases have taken effect:
₱7,000 — Metro Manila (NCR) (Effective Jan 4, 2025)
₱7,000 — Central Visayas (Region VII) (Cebu, Bohol, etc. — Unified rate)
₱6,500 — Central Luzon (Region III) (Pampanga, Bulacan, etc.)
₱6,000 — Soccsksargen (Region XII)
₱4,500 – ₱6,000 — Other Provinces (Varies by location)
Families can (and often do) pay higher — but they cannot legally pay lower.
REALITY CHECK: The Law Is Clear. Real Life Is Not.
Yes, these are the legal minimums — but in reality, the domestic work landscape is far more fluid. Here’s why:
• Workers often have limited negotiation power
Many helpers leave rural provinces with very little leverage and accept the first reasonable offer.
• Salaries vary based on skill
Experienced newborn caregivers, cooks, or tutors command significantly higher salaries than first-timers.
• Live-in vs. Live-out
Live-in helpers receive free food and lodging, lowering their living costs.
Live-out helpers often require higher pay to cover rent and transportation.
• Cultural norms
Filipino families often say, “We treat her like family.”
This is positive but can lead to informal arrangements with unclear boundaries.
• Enforcement is inconsistent
Legally, everything is black and white.
In real homes, it’s shades of gray.
3. Mandatory Benefits: SSS, PhilHealth, Pag-IBIG & 13th Month
Under RA 10361, employers must register their kasambahay with:
SSS
PhilHealth
Pag-IBIG
Who pays the monthly contribution?
If salary is below ₱5,000: Employer pays 100%
If salary is ₱5,000 or more: Contributions are shared (with deductions from the helper’s salary)
⚠️ IMPORTANT 2025 UPDATE
Since the minimum wage in Metro Manila, Central Visayas, and Central Luzon is now well above ₱5,000, contributions in these areas are now legally SHARED.
The employer pays the bulk, but the helper pays their employee share.
13th Month Pay
Every kasambahay who has rendered at least one month of service is entitled to a 13th-month pay.
It is mandatory, not a bonus
Equal to one month’s basic salary (prorated if less than a year)
Must be paid by December 24th
4. Rest Hours, Day Off, and Leave Credits
A kasambahay must receive:
8 hours of uninterrupted rest daily
1 full day off per week (24 consecutive hours)
5 Days Service Incentive Leave (SIL)
After one year, the helper is entitled to 5 days paid leave per year.
If unused, these may be converted to cash.
Working on a rest day must be voluntary and paid extra.
5. Food, Lodging, and Privacy
For live-in helpers, employers must provide:
Nutritious meals (free of charge)
A decent sleeping space
Privacy (no sharing rooms with adult males)
These are minimum standards of dignity.
6. Rules on Salary: No Deposits, No ID Seizing
Employers are strictly prohibited from:
Confiscating IDs or passports
Taking personal belongings
Deducting pay for accidental mistakes
Requiring “security deposits”
Delaying salary
Paying with goods/promissory notes instead of cash
Payslips are recommended to track payments and deductions.
7. Respect, Boundaries, and Professional Conduct
Domestic work is a professional job, not servitude.
Employers cannot:
Insult, shame, or verbally abuse
Punish physically
Restrict communication
Withhold food
Helpers must:
Follow the contract
Perform duties honestly
Respect household privacy
Avoid dangerous or illegal behavior
Respect must go both ways.
8. Ending Employment Properly
A helper may resign due to:
Unsafe conditions
Non-payment
Verbal or physical abuse
Breach of contract
An employer may terminate due to:
Theft or dishonesty
Abuse or violence
Gross neglect of duties
Major contract violations
Special Section: For Expats & Foreigners
If you are an expatriate living here, the “Maid Law” applies to you exactly the same way.
Here are the three “culture shocks” to be aware of:
1. The 13th Month Pay Is Not a Gift
In the West, bonuses are optional.
Here, 13th Month Pay is mandatory.
You must budget for 13 months, not 12.
2. Live-In Culture is the Norm
Unlike Western cleaners who visit briefly:
The Philippine norm is live-in
You become both employer and landlord
You provide food, lodging, and basic needs
Live-out arrangements require higher pay due to transportation costs.
3. Loans (Bale) Requests
Common for emergencies.
It is legal but requires documentation.
By law, employers cannot loan more than 6 months’ salary.
An Insight From MaidProvider.ph (Human+)
At MaidProvider.ph, we observe thousands of real-life placements each year.
Most conflicts between families and helpers come from unclear expectations, not bad intentions.
Our “Human+” approach uses:
Human interviews
Behavioral screening
Tech-enabled matching
Documented agreements
…to help both sides follow the law in practice, not just on paper.
Understanding the Kasambahay Law is the first step to building respectful, stable, and safe households.