Article 141Minimum Wage

(a) Househelpers shall be paid the following minimum wage rates: (1) Eight hundred pesos (P800.00) a month for househelpers in Manila, Quezon, Pasay, and Caloocan cities and municipalities of Makati, San Juan, Mandaluyong, Muntinlupa, Navotas, Malabon, Parañaque, Las Piñas, Pasig, Marikina, Valenzuela, Taguig and Pateros in Metro Manila and in highly urbanized cities; (2) Six hundred fifty pesos (P650.00) a month for those in other chartered cities and first-class municipalities; and R.A. No. 10361 (2013), Domestic Workers Act or Batas Kasambahay, provides: "All articles or provisions of Chapter III (Employment of Househelpers) of Presidential Decree No. 442, as amended and renumbered by Republic Act No. 10151, are hereby expressly repealed.

All laws, decrees, executive orders, issuances, rules, and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly." The Labor Code provisions on househelpers can also be reconciled with pertinent provisions of the Civil Code, e.g., Arts. 1689 to 1699 (Household Service). As amended by P.D. No.

570-A (1974), Amending Certain Sections of P.D. No. 442. The Domestic Workers Act (2013) applies to all domestic workers employed and working within the country.

The law defines "domestic work" as work performed in or for a household or households; while "domestic worker" or "Kasambahay" is "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. 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. . . ." Pursuant to Sec. 11 of R.A.

No. 10361, "[a]n employment contract shall be executed by and between the domestic worker and the employer before the commencement of the service in a language or dialect understood by both the domestic worker and the employer. The domestic worker shall be provided a copy of the duly signed employment contract which must include the following: (a) duties and responsibilities of the domestic worker; (b) period of employment; (c) compensation; (d) authorized deductions; (e) hours of work and proportionate additional payment; (f) rest days and allowable leaves; (g) board, lodging and medical attention; (h) agreements on deployment expenses, if any; (i) loan agreement; (j) termination of employment; and (k) any other lawful condition agreed upon by both parties. As amended by R.A. No.

7655 (1993). Note that Sec. 24 of R.A. 10361 prescribes that the minimum wage of domestic workers shall not be less than: (a) Two thousand five hundred pesos (P2,500.00) a month for those employed in the National Capital Region (NCR); (b) Two thousand pesos (P2,000.00) a month for those employed in chartered cities and first class municipalities; and (c) One thousand five hundred pesos (P1,500.00) a month for those employed in other municipalities. (3) Five hundred fifty pesos (P550.00) a month for those in other municipalities. Provided, That the employers shall review the employment contracts of their househelpers every three (3) years with the end in view of improving the terms and conditions thereof.

Provided, further, That those househelpers who are receiving at least One Thousand pesos (P1,000.00) shall be covered by the Social Security System (SSS) and be entitled to all the benefits provided thereunder.102