Disclaimer: The following discussion is intended for general information only and does not constitute legal advice. While every effort has been made to provide accurate and up-to-date information, it is always prudent to consult a qualified lawyer or the appropriate government agencies for advice regarding specific concerns.

Introduction

In the Philippines, the rights and obligations concerning domestic or household workers (“kasambahay”) are primarily governed by Republic Act No. 10361, commonly referred to as the “Domestic Workers Act” or “Batas Kasambahay.” This law outlines the terms, conditions, and protections for domestic workers and imposes corresponding duties and responsibilities on employers.

One issue that occasionally arises is when a prospective household worker leaves—or decides not to report—before the commencement of formal employment. Employers may wonder whether they owe any compensation, benefits, or have other legal obligations, particularly if pre-employment steps have already been taken. This article provides an overview of the legal considerations in the Philippine context for an employer whose household worker departed or declined to proceed before the start date.

1. Legal Framework for Household Workers in the Philippines

1.1 Republic Act No. 10361 (Batas Kasambahay)

R.A. 10361 provides for:

Definition of Kasambahay: A “domestic worker,” or kasambahay, covers general household helpers, babysitters, cooks, gardeners, laundry personnel, and similar occupations in the employer’s home.
Employment Contracts: Written employment contracts are strongly encouraged (and in certain circumstances, required) to clearly spell out employment terms.
Registration Requirement: Employers are mandated to register the domestic worker with the barangay for documentation and protective purposes.
Statutory Benefits: Specific rules on minimum wage, working hours, days off, leave privileges, Social Security System (SSS), PhilHealth, and Pag-IBIG contributions.

1.2 Other Relevant Regulations

Department of Labor and Employment (DOLE) guidelines provide additional details on implementing R.A. 10361, including how employment records are maintained and how disputes are handled.
Labor Code of the Philippines: Although many of its provisions focus on more formal employment relationships, the Labor Code’s overarching principles on fair labor practices and general employment standards can also inform domestic work situations.

2. Existence (or Non-Existence) of an Employment Relationship

2.1 Significance of “Commencement” of Employment

Under Philippine law, employer obligations typically begin once an employment relationship is established. Whether that relationship exists can depend on several factors, including:

The presence of an employment contract (written or implied),
Actual performance of duties by the worker,
Payment or agreement on wages.

If a prospective household worker leaves before actually performing services or receiving compensation—and before any formal agreement is signed or executed—most legal obligations specified by R.A. 10361 do not attach. In many cases, there is simply no consummated employer-employee relationship yet.

2.2 Effect of a Pre-Employment Contract

Some employers and household workers execute a pre-employment contract that details job responsibilities, wage rates, and conditions.

If the worker decides not to continue after signing a conditional or pre-employment agreement (and no actual work was performed), an argument can be made that there is no effective employment relationship yet.
However, if the agreement includes specific clauses on pre-employment expenses—e.g., medical examination, travel costs—there may be an obligation on the employer’s part if the parties previously agreed. This depends heavily on the language in the contract.

3. Employer Obligations When a Household Worker Leaves Before Starting

No Wages if No Work is Performed
- Generally, the foundational principle is “no work, no pay.” If the worker never reported for duty and did not perform any of the agreed-upon services, the employer is not required to pay wages.
Reimbursement of Pre-Employment Expenses
- Under R.A. 10361, if the employer requires certain pre-employment medical tests or documents (e.g., chest X-ray, medical certificate) and it was explicitly agreed that the employer would shoulder those costs, the employer may remain obligated to cover them even if the worker backs out, especially when the expenses have already been incurred at the employer’s direction.
- If there was no explicit agreement or the worker independently chose to undergo these tests before finalizing the employment terms, there may be no obligation for the employer to reimburse them.
Travel or Deployment Costs
- For household workers hired from a province or region outside the employer’s locale, it is fairly common for employers to pay for transportation to bring the worker to the household. If that arrangement was clearly established or written in a pre-employment contract, the employer might be on the hook for those costs if the ticket or fare was already purchased. Otherwise, the employer is typically not required to provide any travel allowance if the worker never starts employment.
Contractual Clauses on Early Termination or Withdrawal
- Some pre-employment agreements might include penalty clauses or stipulations if the worker withdraws at the last minute. However, in the realm of domestic work—especially under R.A. 10361—exorbitant or punitive clauses are subject to scrutiny by labor authorities. Unfairly large “penalties” against the worker may be considered void as contrary to public policy and the protective intent of the law.
Duty to Provide a Copy of the Employment Contract
- If a formal contract was already made, the employer must provide the worker with a copy of that contract. If the worker departs prior to starting the job, any obligations in that contract generally become moot unless those obligations specifically survive pre-employment cancellation.
No Mandatory Notice from the Worker
- R.A. 10361 requires notice periods for household workers already in service if they wish to leave (resign). However, if the worker has not yet started the employment, they are usually not bound by the same notice requirement. The law on notice primarily applies to existing, ongoing employment.

4. Potential Liabilities for the Employer

4.1 Unlawful Deductions or Withholding

If the employer advanced money or items to the prospective worker (e.g., uniform, personal protective equipment) and then seeks to deduct or retrieve those costs in a manner that violates the kasambahay’s rights, there could be questions of unlawful deductions—although this most often arises if there was already an employment relationship. If the worker never started work, the law on deductions from wages technically would not apply, as wages were never paid or earned.

4.2 Breach of Contract Claims

If the employer and worker had a written and signed agreement with explicitly stated obligations on both sides prior to commencement, the worker could theoretically allege a breach of contract if the employer:

Fails to pay promised pre-employment reimbursements (medical/travel).
Reneges on commitments made in the contract that take effect immediately, even if the job has not yet started.

However, these types of claims are rare in practice, given that most employment relationships for domestic workers only become binding once the worker starts the job and wages begin accruing.

5. Practical Considerations and Best Practices for Employers

Written Arrangements
- To avoid ambiguity, clearly set out any obligations relating to pre-employment expenses. If the worker decides not to proceed, clarify ahead of time whether or not the worker will have to shoulder the cost of any medical check-ups or the cost of travel tickets.
Maintain Documentation
- Keep records of communications—text messages, chat exchanges, or pre-employment forms—that show the terms discussed. In the event of a misunderstanding or complaint, these documents can clarify obligations.
Register the Worker Only Upon Actual Start
- Under R.A. 10361, an employer is required to register the worker with the barangay or the local government unit. Do so only once the worker has definitively begun work. This prevents complications if the worker changes their mind beforehand.
Consider a Probationary or Initial Agreement
- While a formal “probationary” period like in regular employment may not apply the same way to kasambahays, you can have an initial trial arrangement (e.g., a few days of work to test compatibility). This helps both parties confirm that the arrangement is suitable. If the worker leaves before fully formalizing the arrangement, your obligations remain limited to paying for any actual days of work done.
Avoid Overly Strict Penalty Clauses
- Penalty clauses in household service contracts run the risk of being viewed as exploitative. Philippine labor authorities place high priority on the welfare of domestic workers. If you include any early withdrawal clauses, ensure they are fair, reasonable, and consistent with public policy.
Consult Local Barangay or DOLE
- If uncertain about obligations when a worker backs out before the start date, you can directly seek guidance from the barangay where you intend to register the worker or the nearest DOLE office.

6. Summary of Employer Obligations

No Wages Owed if No Work is Performed: Generally, an employer is not obligated to pay any salary if the worker did not render any service.
Pre-Employment Costs: The employer may be liable for reimbursement of medical or travel costs only if they were explicitly agreed upon and the expenses were incurred at the employer’s request.
Registration & Contract: Obligations related to registration and contractual compliance typically apply once the worker actually starts work.
No Breach if No Commencement: If there was no binding agreement in force or no actual service rendered, legal obligations (such as mandatory benefits, minimum wage, etc.) do not attach.
Potential Contractual Claims: If a valid contract with immediate obligations was signed, the employer must fulfill any portion of those obligations that become effective even before the worker’s start date (for example, paying for the agreed pre-employment medical exam).

Conclusion

In the Philippine context, an employer’s obligations toward a household worker who leaves prior to actually commencing employment generally remain limited—especially if no written contract was formed and no services were performed. The protective measures of R.A. 10361 primarily begin once the employment relationship is clearly established and the worker starts rendering service.

However, employers must exercise caution if they have arranged for (and promised to bear the costs of) pre-employment requirements—such as medical examinations or travel fares. In such cases, an employer might still be responsible for paying those expenses, depending on the specific agreement and circumstances.

To ensure clarity and avoid disputes, it is best practice to document all pre-employment terms in writing, communicate them clearly to the prospective worker, and register the worker with local authorities only upon confirmation of actual employment. Should any uncertainty persist, it is advisable to consult with a qualified labor lawyer or directly seek guidance from DOLE or the local barangay office.

References

Republic Act No. 10361, An Act Instituting Policies for the Protection and Welfare of Domestic Workers (Batas Kasambahay).
Department of Labor and Employment (DOLE), Implementing Rules and Regulations of RA No. 10361.
Labor Code of the Philippines, Presidential Decree No. 442, as amended.

Note: Always verify current rules and regulations, as policies may change over time or differ by locality.