Two Laws, One Family.
What Every Filipino Household Needs to Know.
The Kasambahay Law and the Caregiver Welfare Act — side by side, in plain language, for the families who need to understand both.
MaidProvider.ph·April 2026·10 min read
Two landmark laws now govern the people who care for Filipino families. One has been in effect since 2013. The other just got its implementing rules in 2025. Together, they define who can work in your home, under what terms, and with what protections. Most families — and most agencies — don't fully understand the distinction. This article changes that.
Part One
Why This Matters Right Now
If you employ — or are planning to hire — a kasambahay, yaya, family cook, family driver, elder sitter, or caregiver in the Philippines, you are now governed by two separate laws with different scopes, different requirements, and different penalties.
Republic Act 10361 — the Kasambahay Law (Batas Kasambahay) — has been in effect since January 2013. It covers domestic workers performing household tasks.
Republic Act 11965 — the Caregiver Welfare Act — was signed by President Marcos on November 23, 2023. Its Implementing Rules and Regulations (IRR) were issued through DOLE Department Order No. 254, Series of 2025, signed by Secretary Bienvenido Laguesma on May 21, 2025.
These two laws are not interchangeable. They cover different roles, require different qualifications, and impose different obligations on employers. Confusing the two — or ignoring the distinction — exposes families to legal liability and puts workers at risk of exploitation.
This guide explains both laws in plain language — what they cover, how they differ, and what you need to do to comply.
Batas Kasambahay
Caregiver Welfare Act
IRR issued May 21
Both laws active
Part Two
RA 10361: The Kasambahay Law (Batas Kasambahay)
Signed: January 18, 2013
Covers: Domestic workers (kasambahay) — any person engaged in domestic work within an employment relationship, including general household help, yayas/nannies, cooks, gardeners, laundry persons, and other regular domestic workers.
Key provisions:
Written employment contract required before work begins, in a language both parties understand.
Regional minimum wages set by Wage Boards — as of February 2026, the NCR minimum for kasambahay is ₱7,800 (Wage Order NCR-DW-06, effective February 7, 2026).
Mandatory SSS, PhilHealth, and Pag-IBIG coverage — employer shoulders full premiums if salary is below ₱5,000; shared contribution if above.
At least 24 consecutive hours of rest per week.
13th month pay for those who render at least one month of service.
Access to education and training, with the employer providing opportunity for basic education or equivalent.
Who it does NOT cover: Persons who perform domestic work only occasionally or sporadically, and not on an occupational basis. It also does not cover caregivers providing clinical health services — that is now governed by RA 11965.
*Note on family drivers: Family drivers are not covered by the domestic worker wage order (NCR-DW-06 expressly excludes them) and are generally treated separately from kasambahay under current Philippine labor law and Supreme Court rulings. Their classification depends on the nature of their duties and contract structure. MaidProvider.ph addresses this through role-specific employment contracts for Family Driver Pro placements.
Part Three
RA 11965: The Caregiver Welfare Act
Signed: November 23, 2023 by President Ferdinand Marcos Jr.
IRR issued: DOLE Department Order No. 254, Series of 2025 — signed May 21, 2025 by Secretary Bienvenido Laguesma.
Covers: Caregivers — persons 18 and older providing personal care, support, and assistance to clients in private homes, nursing or care facilities, and other residential settings. This includes licensed health professionals and those certified by TESDA.
Key provisions:
Written employment contract required before commencement of service.
To be legally classified as a caregiver under RA 11965, a worker must hold TESDA Caregiving NC II certification, be a licensed health professional, have graduated from an accredited caregiving course, or have been successfully assessed by TESDA. Section 6 of the law states that employers may require proof of this certification — and without it, the worker does not meet the legal definition of "caregiver" under the Act.
Minimum wage not less than the applicable regional minimum wage — plus overtime pay for work beyond 8 hours daily, and night shift differential.
Mandatory SSS, PhilHealth, Pag-IBIG, and Employees' Compensation coverage.
13th month pay. Annual service incentive leave of at least 5 days after one year of service.
Caregiver may terminate contract immediately if experiencing physical, verbal, or emotional abuse.
National registry of caregivers maintained through DOLE's PhilJobNet platform.
Penalties of ₱10,000 to ₱50,000 for violations, plus possible criminal liability and revocation of agency permits.
The critical difference: RA 11965 formally recognizes caregiving as a regulated occupation with defined competencies, certification pathways, and enforceable labor standards. Caregivers performing professional or clinical care functions are governed by RA 11965, and are no longer treated as kasambahay under RA 10361. Crucially: a worker who does not hold TESDA NC II certification, a health degree, or a successful TESDA assessment does not legally qualify as a "caregiver" under this Act — regardless of what title a family or agency uses. Their classification will depend on the actual duties performed and the applicable employment framework.
Side by Side
RA 10361 vs. RA 11965
RA 10361 · Kasambahay Law
RA 11965 · Caregiver Welfare Act
Part Four
What This Means for Your Family
If you are hiring someone to do household work — cooking, cleaning, laundry, childcare, driving — you are hiring a kasambahay under RA 10361. Written contract, minimum wage, mandatory benefits, rest days. This is the law most Filipino families are already familiar with.
If you are hiring someone to provide personal care to an elderly, ill, or disabled family member — medication administration, wound care, health monitoring, mobility assistance involving clinical knowledge — you may need a TESDA-certified caregiver under RA 11965. The requirements are higher, the protections are stronger, and the penalties for non-compliance are real.
If you need non-medical companionship and daily living assistance for an elderly family member — someone to provide presence, conversation, meal support, light mobility help, and emotional comfort without clinical duties — an Elder Sitter operating under the Kasambahay Law is the appropriate and legally compliant choice.
The distinction is not about the job title. It is about the actual duties performed. A person called "caregiver" who only does companionship and light household tasks may fall under RA 10361. A person called "kasambahay" who administers medication and performs wound care may actually need to be covered under RA 11965.
Know the duties. Know the law. Protect your family — and the professional serving it.
Important: Misclassifying a caregiver as a kasambahay — or assigning clinical duties to an uncertified household worker — may expose employers to legal liability under RA 11965, including fines of ₱10,000 to ₱50,000 and possible criminal charges.
Part Five
Where MaidProvider.ph Stands
MaidProvider.ph deploys household professionals under the Kasambahay Law (RA 10361) — Maid Pro, Yaya Pro / Nanny Pro, Family Cook Pro, Family Driver Pro, and Elder Sitters. All roles involve non-medical household and companionship functions.
We do not currently deploy TESDA-certified clinical caregivers. This is a deliberate compliance decision, not a limitation. Many experienced household workers have provided exceptional care to Filipino families for years — RA 11965 formalizes and protects what they already do well. But until a worker holds the required certification, agencies have a responsibility not to deploy them in roles the law reserves for certified professionals. We believe agencies that blur this line — labeling uncertified household workers as "caregivers" — are putting both families and workers at risk.
Our Human+ standard goes beyond what either law requires: a wage floor of ₱12,000+ (above both RA 10361 and RA 11965 minimums), clinical psychological screening through Manila Doctors Hospital, Security Double-Lock™ background verification (NPCS 18-region National Dual-Audit™), and weekly published transparency reports.
This article is based on Republic Act 10361, Republic Act 11965, and DOLE Department Order No. 254, Series of 2025. It is for informational purposes and does not constitute legal advice.
Compliance Statement
Medical caregiving functions governed by RA 11965 (Caregiver Welfare Act) are outside our current scope of deployment. As a DOLE-licensed Private Employment Agency (PEA), MaidProvider.ph may recruit and deploy caregivers for local employment — this is expressly contemplated by DOLE D.O. 254-25. However, caregiver deployment is a separate regulated function that requires compliance with the caregiver-specific employment framework, TESDA certification verification, and the specialized contract standards under RA 11965. It cannot be treated as ordinary kasambahay placement. We are actively building the operational and legal infrastructure to meet these requirements — but we will not offer this service until we can do so in full compliance. We believe it is better to wait and do it right than to rush and put families or professionals at risk.
Related: Legal Verification & Institutional Credentials · The Kasambahay Law Explained Simply · Our Standards
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