Kasambahay Law: Understanding the Rights and Protection of Domestic Workers

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The State recognizes the need to protect the rights of domestic workers against abuse, harassment, violence, economic exploitation and performance of work that is hazardous to their physical and mental health. (Section 2(c), Republic Act No. 10361)

Domestic workers play a vital role in Filipino households. Recognizing their contribution, the State enacted Republic Act No. 10361, otherwise known as the Domestic Workers Act or Batas Kasambahay, to ensure their protection and welfare. 

Under Section 3, the law applies to all domestic workers employed and working within the Philippines.

State Policy

The State recognizes the need to protect the rights of domestic workers against abuse, harassment, violence, economic exploitation and performance of work that is hazardous to their physical and mental health. (Section 2(c), Republic Act No. 10361)

The State, in protecting domestic workers and recognizing their special needs to ensure safe and healthful working conditions, promotes gender-sensitive measures in the formulation and implementation of policies and programs affecting the local domestic work. (Section 2(d), Republic Act No. 10361)

What is Domestic Work?

Domestic work refers to work performed in or for a household or households. (Section 2(c), Republic Act No. 10361)

A domestic worker or “kasambahay” refers to any person engaged in domestic work within an employment relationship such as, but not limited to, the following: 

  1. general househelp, 

  2. nursemaid or “yaya”, 

  3. cook, 

  4. gardener, or 

  5. laundry person

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