Batas Kasambahay vs on-demand hourly care — know the difference

Your family has had the same kasambahay for six years. Now Lolo needs more care at night, and she's already exhausted. Or maybe you've never hired anyone, and someone in the group chat says, "Kumuha na lang tayo ng stay-in, mas mura." Just get a stay-in, it's cheaper.

Sometimes it is. Sometimes it isn't, once you count rest days, benefits and the hours you don't need. And sometimes what you actually need is someone for four hours on clinic days, not a live-in at all. Here's how the two arrangements differ.

This is general information, not legal advice. Laws and wage orders change; confirm your situation with DOLE or a lawyer before making employment decisions. Rates vary by caregiver, schedule and location. Figures checked 6 October 2026.

The short version

Table 1. Employing a kasambahay vs booking on-demand care

What the Batas Kasambahay actually requires

The Domestic Workers Act, or Batas Kasambahay (RA 10361), covers anyone doing domestic work within an employment relationship, including general househelp, a yaya, cook, gardener or laundry person. If you employ one, here's what the law expects.

Before Day 1

• A written contract in a language you both understand, signed before work starts, with a copy for the kasambahay. It must cover duties, period of employment, pay, deductions, hours, rest days and leave, board and lodging, and how employment ends (Sec. 11). DOLE is tasked with providing a free model contract.
• Pre-employment documents you may ask for: a medical certificate, barangay and police clearance, NBI clearance, and proof of age. The cost is borne by the employer or agency, not the worker (Sec. 12).
• No fees or deposits charged to the worker. No share of recruitment or finder's fees can be charged against the kasambahay (Sec. 13), and you can't require deposits to cover loss or damage (Sec. 14).
• Register the kasambahay with your barangay's Registry of Domestic Workers (Sec. 17).

Pay

• At least ₱7,800/month in Metro Manila, effective 7 February 2026 under Wage Order NCR-DW-06. This applies whether the kasambahay is live-in or live-out.
• Paid directly, in cash, at least once a month, with a payslip. No deductions without written consent, other than those required by law (Secs. 25–26).
• 13th-month pay (Sec. 25).

Rest and living conditions

• Daily rest: an aggregate of 8 hours' rest a day (Sec. 20).
• Weekly rest: at least 24 consecutive hours a week, with the schedule agreed in writing. You must respect a religious preference for the rest day. You may also agree in writing to offset or swap rest days, or accumulate up to 5 days (Sec. 21).
• Board and lodging: at least three adequate meals a day and humane, safe sleeping arrangements, never withheld as punishment (Sec. 6).
• Privacy and outside communication during free time, and in emergencies anytime (Secs. 7–8).

Benefits

• SSS, PhilHealth and Pag-IBIG once the kasambahay has worked at least a month. The employer shoulders contributions, but a kasambahay earning ₱5,000 or more a month pays their proportionate share (Sec. 30). At the current NCR minimum, that threshold is already met.
• Five days' paid service incentive leave after a year of service (Sec. 29).

Ending the arrangement

• If there's no fixed term, either side may give 5 days' notice (Sec. 32).
• If a kasambahay is unjustly dismissed, they're owed earned pay plus 15 days' pay as indemnity (Sec. 32).
• Disputes go to the DOLE regional office (Sec. 37).

What about certified caregivers?

If the person you hire is a TESDA-certified caregiver (for example, Caregiving NC II) or a licensed health professional listed with DOLE, the Caregivers' Welfare Act (RA 11965) may apply instead. It sets pay at no less than the regional minimum wage, which is ₱755/day in NCR for non-agriculture work under Wage Order NCR-28 (effective 26 September 2026), plus overtime beyond 8 hours and night-shift differential. As a simple full-time floor, ₱755 × 26 days ≈ ₱19,630/month (Helpers.ph rounds a similar figure to about ₱19,600). RA 11965 also expects a signed, notarized contract and SSS, PhilHealth and Pag-IBIG coverage from the first day.

What on-demand hourly care is

On-demand care means you book a caregiver for the hours you need, such as a 4-hour visit, an 8-hour day, or a 10–14-hour overnight, and pay for those hours.

On Kalingap, each caregiver sets their own rate, never below the platform floor for that service:

Table 2. Kalingap platform floors (live service pages, 6 Oct 2026)

These are floors, not averages. You pay the caregiver directly, Kalingap takes 0% commission and holds no money, and you can browse caregivers without an account.

Is on-demand care covered by the Batas Kasambahay? RA 10361 excludes people who do domestic work "only occasionally or sporadically and not on an occupational basis." An occasional booking can look very different from employment. But if the same person ends up working for your household on a regular, ongoing schedule, the relationship may start to look like employment, whatever you call it. If you're unsure, ask DOLE. Kalingap connects you with independent caregivers; it is not their employer and can't give you a legal ruling on your arrangement.

Which fits your family?

Checklist: you probably need a kasambahay (or a live-in caregiver) if…

• You need help most of the day, every day
• The work is mostly household: cooking, cleaning, laundry for everyone
• You can provide a private, safe sleeping space and meals
• You're ready for the paperwork: contract, barangay registration, SSS, PhilHealth, Pag-IBIG, 13th month
• You have a plan for the weekly rest day

Checklist: on-demand care probably fits better if…

• You need help on specific days or hours: clinic visits, afternoons, nights
• Your current kasambahay needs cover on her rest day or leave
• Lolo was just discharged and needs extra help for a few weeks
• Someone is in the hospital and the family needs a watcher
• You're not sure yet what care is needed and want to try before committing

Many families use both: a long-time kasambahay for the household, plus an on-demand caregiver for nights, rest days or a hospital stay. This also keeps the kasambahay from quietly absorbing a second, harder job.

A quick cost reality check

At the ₱120/hr elderly-care floor, an 8-hour weekday visit costs at least ₱960. Five such visits a week works out to roughly ₱20,800 a month (₱960 × 5 × 4.33 weeks). That's more than the kasambahay minimum, but you're paying only for care hours, with no board, lodging or employer contributions to add. Two visits a week costs far less. Run the numbers on your real schedule, not a guess. For full monthly comparisons, see our Metro Manila cost guide.

Don't let a kasambahay become a caregiver by accident

The most common problem isn't legal. It's scope. A kasambahay hired for cooking and cleaning gradually becomes Lola's night nurse, too, with no extra pay or rest. Elderly care, especially lifting, toileting and night wakings, is different work. If that's happening, either renegotiate the scope and pay in writing, or bring in a caregiver for those hours. Our post on scope creep and "all-around" helpers covers how.

Checking who you hire, either way

Whichever arrangement you choose, see a government ID and an NBI or police clearance, call a reference yourself, and start with a short trial.

On Kalingap, every badge names the check behind it, for example NBI checked, ID matched, Interviewed or NC II. Our team reviews documents such as a government ID (front and back); caregivers may also submit an NC II Caregiving certificate and complete a team interview. Not every badge appears on every profile, and approval can complete without a scheduled interview when policy allows. Read the badges on the profile you're considering.

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Kalingap is a marketplace that connects families with independent caregivers. It is not an employment agency or a medical provider, and it is not the employer of caregivers on the platform. This article summarises RA 10361 and RA 11965 for general information only; it is not legal advice. Wage orders change: we refresh floors when DOLE/NWPC issue new orders, or at least quarterly. Check current rules with DOLE/NWPC before making employment decisions. Rates vary by caregiver, schedule and location. Last reviewed 6 October 2026.

Sources (accessed 6 October 2026)

1. Republic Act No. 10361, Batas Kasambahay / Domestic Workers Act (Secs. 4, 6–8, 11–14, 17, 20–21, 24–26, 29–30, 32, 37) (Lawphil): https://lawphil.net/statutes/repacts/ra2013/ra_10361_2013.html
2. NWPC, RA 10361 overview: https://nwpc.dole.gov.ph/ra-10361-an-act-instituting-policies-for-the-protection-and-welfare-of-domestic-workers/
3. NWPC, NCR current daily minimum wage rates & domestic worker minimum wage (Wage Orders NCR-28, NCR-DW-06): https://nwpc.dole.gov.ph/ncr/
4. NWPC, Kasambahays in NCR to receive P800 monthly minimum wage increase (27 Jan 2026): https://nwpc.dole.gov.ph/kasambahays-in-ncr-to-receive-p800-monthly-minimum-wage-increase/
5. RTWPB-NCR, Wage Order No. NCR-DW-06 (PDF): https://nwpc.dole.gov.ph/wp-content/uploads/2026/01/Wage-Order-No.-NCR-DW-06.pdf
6. Philippine News Agency, P60 NCR wage hike in full effect Sept. 26: https://www.pna.gov.ph/articles/1284905
7. Republic Act No. 11965, Caregivers' Welfare Act (Lawphil): https://www.lawphil.net/statutes/repacts/ra2023/ra_11965_2023.html
8. Helpers.ph, Caregiver salary Philippines 2026 (certified-caregiver NCR floor ≈ ₱19,600): https://helpers.ph/guides/caregiver-salary-philippines
9. Kalingap service pages (platform floors, booking lengths): https://www.kalingap.app/services/appointment_companion · https://www.kalingap.app/services/childcare · https://www.kalingap.app/services/hospital_watcher · https://www.kalingap.app/services/elderly_care · https://www.kalingap.app/services/overnight_care · https://www.kalingap.app/services/post_surgery · https://www.kalingap.app/services/live_in
10. Kalingap, How it works (named verification checks, direct payment): https://www.kalingap.app/how-it-works