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·Updated May 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 got its implementing rules in 2025 and is now in full enforcement. 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. The law is now in full enforcement.
These 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 generally not classified as kasambahay and are governed by standard labor law principles, depending on the employment arrangement. The current domestic worker wage order (NCR-DW-06) expressly excludes them. 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 classified as a caregiver under RA 11965, a worker must hold TESDA Caregiving NC II certification, a health-related degree, or a successful TESDA assessment.
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, under a separate legal framework from the Kasambahay Law. 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. Classification follows the work performed.
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
The 60-Second Decision Guide
If the role involves clinical care — RA 11965 (Caregiver Welfare Act).
If the role involves household support — RA 10361 (Kasambahay Law).
The duties decide the law. Not the title. Not the price. Not what the agency calls it.
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 need a TESDA-certified caregiver, a licensed health professional, or a qualified equivalent 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.
Know the duties. Know the law. Protect your family — and the professional serving it.
A note on operational reality. Some care situations — particularly dementia with behavioral symptoms, post-stroke recovery, or full mobility support — may require multiple caregivers in shifts to remain safe, legal, and humane. One caregiver doing 24-hour care is not always realistic, even when the family wishes it could be. We will tell families when a single placement will not work.
In dementia care specifically, false accusations such as theft may occur as a symptom of the disease. These situations require structured family protocols, not immediate blame on the worker.
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.
Common Misclassification Mistakes
The three most common mistakes — and why they matter.
1. Hiring a "yaya" but asking her to administer medication. → Once clinical duties enter the role, the worker should be classified as a caregiver under RA 11965, with the corresponding qualifications and contract.
2. Hiring an "elder sitter" but expecting wound care or post-stroke clinical assistance. → That is non-compliant under RA 11965. The role should be re-scoped or re-classified.
3. Calling a worker a "caregiver" without TESDA Caregiving NC II, a health-related degree, or a successful TESDA assessment. → Under Section 6 of RA 11965, that worker does not legally qualify as a caregiver — regardless of what title is used.
The fix is not to change what the worker is called. The fix is to match the role to the law that governs it — or change the role.
Part Five
Where MaidProvider.ph Stands
MaidProvider.ph deploys household professionals under both legal frameworks.
Under RA 10361 (Kasambahay Law), we deploy Maid Pro, Yaya Pro / Nanny Pro, Family Cook Pro, Family Driver Pro, and Elder Sitters. These roles center on household work, childcare, cooking, and non-medical companionship. Every placement carries written contracts, mandated benefits, and the ₱12,000+ wage floor we set as company policy — above the regional minimum.
Under RA 11965 (Caregiver Welfare Act), we deploy verified caregivers across the law's full scope — personal care, health monitoring, medication administration as prescribed, wound care, and clinical support. Every caregiver we place holds TESDA Caregiving NC II certification, a health-related degree, or licensed health-professional status, in compliance with Section 6 of RA 11965 and DOLE Department Order No. 254, Series of 2025. Every caregiver placement carries the wage, overtime, night-shift differential, rest, and benefits the Caregiver Welfare Act requires — plus our Human+ standard on top.
The two services are not interchangeable — in structure, pricing, or contract. We do not list a kasambahay as a caregiver to inflate her hourly rate, and we do not list a caregiver as a kasambahay to skip the regulatory load. Both shortcuts are common in the Philippine market. We reject both.
Our Human+ standard goes beyond what either law requires: a wage floor of ₱12,000+ for kasambahay placements (above RA 10361 minimums), regulated wages plus benefits for caregiver placements (per RA 11965), clinical psychological screening through Manila Doctors Hospital, Security Double-Lock™ background verification (NPCS 18-region National Dual-Audit™), and weekly published transparency reports.
A note on data privacy. Medical information, diagnoses, and caregiving needs must be handled in compliance with the Data Privacy Act (RA 10173), particularly when shared with agencies or household professionals. Health information about a client or family member is sensitive personal data — to be discussed only with specific, documented consent, and only to the extent operationally relevant to the placement.
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
As a DOLE-licensed Private Employment Agency (PEA), MaidProvider.ph is authorized to recruit and deploy both kasambahay (under RA 10361) and caregivers (under RA 11965) for local employment, as expressly contemplated by DOLE D.O. 254-25. We deploy each category under the legal framework that governs it — never the wrong one. Caregiver placements are deployed only with verified TESDA Caregiving NC II certification, a health-related degree, or licensed health-professional status. Kasambahay placements remain under RA 10361. The classification of every role we deploy is determined by the actual duties performed, the candidate's credentials, and the contract that governs the placement — not by what is convenient to call it.
Related: Legal Verification & Institutional Credentials · The Kasambahay Law Explained Simply · Our Standards
Hire With Clarity.
Hire With Compliance.
DOLE-licensed. Institutionally verified. Deploying kasambahay and caregivers under the right framework — not the convenient one.
We accept a limited number of placements per week to maintain screening quality.
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