Kasambahay or Domestic Worker

1. Summary

▪ Domestic worker or “Kasambahay” refers to any person engaged in domestic work within an employment relationship.

2. Concept

Domestic worker or “Kasambahay” refers to any person engaged in domestic work within an employment relationship such as, but not limited to, the following: general househelp, nursemaid or “yaya”, cook, gardener, or laundry person, but shall exclude any person who performs domestic work only occasionally or sporadically and not on an occupational basis. (Section 4 [d], R.A. 10361, Domestic Workers Act or Batas Kasambahay)

Domestic work refers to work performed in or for a household or households. (Section 4[c], Ibid.)

The term shall not include children who are under foster family arrangement, and are provided access to education and given an allowance incidental to education, i.e. “baon”, transportation, school projects and school activities. (Paragraph 2, Section 4[c], Ibid.)

Employer refers to any person who engages and controls the services of a domestic worker and is party to the employment contract. (Section 4[e], Ibid.)

Household refers to the immediate members of the family or the occupants of the house that are directly provided services by the domestic worker. (Section 4[f], Ibid.)

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References

R.A. 10361, Domestic Workers Act or Batas Kasambahay

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