Is there a legal requirement to hire a live-in nanny in the Philippines?

Hello, everyone, today EasyGo International will take you into the topic of great concern: what are the legal requirements for hiring a live-in nanny?

Minimum wage

When asked about the minimum wage for domestic nannies in the Philippines, the Philippines' Kasambahay Act does set a minimum wage for domestic nannies. However, the minimum wage varies depending on the area where the domestic nanny is employed. For example, in the Manila area, the minimum wage is set higher than in other areas to take into account the higher cost of living.

For those working in the National Capital Region (NCR): The minimum wage is 5,000 Philippine pesos per month.

For those working in cities and first-tier municipalities: the minimum wage is approximately 4,000 Philippine pesos per month.

For those working in other municipalities: the minimum wage is approximately PHP 3,000 per month.

Working hours

The law does not specify that workers should be paid extra for work outside regular working hours. That being said, if both parties agree that workers should be paid overtime, this should be explicitly written into the employment contract to ensure that the agreement is legally binding.

The law entitles nannies to an eight-hour daily break and a 24-hour weekly break.

It is also good practice for employers to treat domestic nannies fairly, which includes providing additional compensation for work beyond regular working hours.

13 pay

Family nannies are entitled to 13 pay. The law stipulates that 13 salaries should be paid no later than December 24 each year. This salary is equivalent to one month's salary and is a mandatory benefit for Filipino employees, including a domestic babysitter.

severance compensation

Although there is no explicit requirement for severance pay, many employers will pay this severance pay for friendly or contractual reasons.

Dismissal procedures

Due process should be observed in the termination of employment. Although the Kasambahay law does not specify termination procedures, the following process is recommended:

○ Written notice: Provide written notice to the domestic babysitter, clearly stating that it constitutes a valid cause for termination of employment. This notice should also inform the family nanny that they have the opportunity to explain their position.

○ Provide an opportunity to explain: the family nanny should have an opportunity to respond to the allegations made against them, if they wish, with the assistance of a person of their choice. This can be done orally or in writing.

o Final Notice: After giving the domestic nanny an opportunity to explain, the employer shall provide a notice of termination indicating that, after full consideration of all the circumstances, a valid reason for termination has been established.

employment contract

Both employers and domestic nannies are required to sign an employment contract, which is mandatory for both employers and domestic nannies in the Philippines. Employment contracts are also known as "Kontrata sa Paglilingkod sa Tahanan".

The employment contract should be written in a language or dialect understood by both the employer and the domestic nanny. It serves as a formal agreement outlining the terms and conditions of employment.