Are yayas and house helpers entitled to 13th month pay?

Yes. The “Domestic Workers Act” or the “Batas Kasambahay” and its Implementing Rules and Regulations1 provide that kasambahay, whether on a live-in or live-out arrangement, shall be entitled to rights and privileges including mandatory benefits under the law such as the 13th-month payOpens in a new tab..

Related: How to Register Your Kasambahay with Pag-IBIG Fund: A Step-by-Step GuideOpens in a new tab.

“Kasambahay” as defined under the law shall include, but not limited, to:

  • General househelp;
  • Yaya;
  • Cook;
  • Gardener;
  • Laundry person; or
  • Any person who regularly performs domestic work in one household on an occupational basis.

Related: How to Get SSS Number for Your KasambahayOpens in a new tab.

The following, however, are NOT included in the coverage of the law:

  • Service providers;
  • Family drivers;
  • Children under a foster family arrangement; and
  • Any other person who performs work occasionally or on a sporadically and not on an occupational basis.

Family drivers aren’t entitled to the 13th-month pay, provided they’re not listed as an employee of your company or business. They’re also different from drivers and conductors of public utility buses who are now mandated to receive benefits including 13th-month pay under a new DOLE Order. Opens in a new tab.

Go back to the main article: How to Compute 13th Month Pay in the Philippines: An Ultimate GuideOpens in a new tab.

 

Reference.

  1. Implementing Rules and Regulations of Republic Act No. 10361, An Act Instituting Policies for the Protection and Welfare of Domestic WorkerOpens in a new tab.