Oops... Mr Wrye. Sorry .... always thought I had a mild dyslexia. It may be the same law but would not minimum wage levels increased in 4 years?
How many more years until they actually enforce that law though? Most are still treated like crap, paid well under the law, and IF they get a *day* off they get from 12-5pm on Sunday because they still must cook the families meals. I'm just surprised their isn't a lot of cased of helpers going crazy and poisoning the crap out of the bad families.
Yes I know that this is an old thread. Sense it has been brought back up I thought I should put in my 5 centavos. First a little back ground on us; I been married to a Dumaguete lady for 30 years. The first 22 years we lived in Alaska and returned to Dumaguete at least once a year. We retired here in 2010, 8 years now. I do my best to obey all the laws and that includes, "Republic Act # 10361". A couple of years back I down-loaded it and printed it out and filed it for future reference. At that time I was already doing most of what that law required of me as an employer and promptly corrected where I was lacking, mainly the 13th. month pay part. My handyman, I call him "my man Friday", has been with us for just over 8 years now and I trust him completely. He started out as a temporary/part time laborer at ₱300 a day paid each and every day that he worked. After my reading of "Republic Act # 10361" I put him under written contract. Just before Christmas last year I called him into the office and informed him that I was not going to give him the forgone ₱2,000.oo end-of-the-year, Christmas bonus because of "Republic Act # 10361". I was however going to obey "Republic Act # 10361". I than ask him to sign his pay receipt, he did. I than told him to read what he had just signed. He did and a tear appeared in his eye as he realized that it was his law required 13th. month pay/bonus at ₱10,000.oo. My point here is, I would have went on, in ignorance, giving him the ₱2,000.oo. if I had not read that "Republic Act # 10361". I like living here in the PI. Friday is still, this day, working for me.
I think most helpers and employers are not even aware the law exists. There are likely some helpers that know about the law and don't like it as they get much higher salaries than what is prescribed by law. The law will be enforced but the government isn't kicking in doors to see who has a helper and who doesn't. If the helpers aren't reporting that they are helpers and that they are being abused how would the government even know?
The government here doesn't care. I've talked to a few helpers and a number of other employee's who don't get a day off who have complained at the DoL and nothing ever changes for them. Its well known if you aren't coming in with a large group of employee's complaining they don't care.
Of course, all of the above is nearly impossible for the typical residential employer. How can you document paying Phil health and Pag -Ibig without the employee registering? In just about every case, potential employees are aware of this and they just say to give them the money directly. But that is not documented. The actual provisions are very stingy; P2500 for metro Manila? Good luck on that! In Dumaguete it is about P3500 and P4000 after a few months plus P500 transportation. 5 days annual paid leave? Get out. Try 1 day per week. These women can work for themselves and make P4K a month just doing nails for people around town. The modern Phils is not so poor like it was in the 80s and 90s. Husbands are making good money now and many want their wives to stay home, not intending to get rich. Sometimes they have one purchase in mind, like a motorcycle, after which the helper quits when they save up the down payment. That works nicely with the contractor concept. More like 1day/week, at least. Pag-Ibig? They don’t care. Phil Health? Very cheap for them, no problem paying but they would rather have the money. 13th month bonus? Yeah, you always give a Christmas bonus. What they tend to do is tell you they will NOT be hired as a regular employee; they don’t want a contract because such a document also obligates them to stay with you to some extent. So they ask to be paid month to month as a contractor, that is, “their” request. OF COURSE they get food (the same food the employer eats), board and lodging, reasonable medical care on your dime, trips back home especially for fiesta. But people just don’t go around registering as employers; not sure if tourist and BB visa holders could even do that. So, you think you can just go to an agency and hire your own contractor? Somebody who came from a place you don’t know? Somebody whom nobody in your family dies not know? Don’t do that. For most people, I don’t have to say ‘watch out whom you trust’. People who nobody your family or friends know WILL steal from you a very large percentage of the time. Even if they seem like nice people, their husbands might even encourage stealing to uplift their salary. Stealing from foreigners or other “rich” people is not considered immoral here; they will steal from you on Saturday and go to Mass and Communion on Sunday. Just hire someone you or someone in your family knows. Offer all the kasambahay privileges in the law and pay them for these services as part of their salary because it is difficult or impossible for foreigners to be official employers, but unless you go to an agency (again, not recommended), work out your own agreement with your temporary contractor. If you are single, do NOT hire a live in maid. Let her come in and clean a few times a week. Personally I don’t care to have helpers but my Filipina wife does, and she knows the ropes. Sent from my iPhone using Tapatalk
Don’t get a day off? Really? Well, that is rotten. It is also rotten to turn in your employer to el gobiernmente. If that employer finds out, those ex-helpers won’t have any problems having days off in the future. Sent from my iPhone using Tapatalk