No it isn't. If they can't respect their employees by giving them the bare minimum the law requires they deserve every peso of the penalty the law prescribes, plus some. These helpers have absolutely no one to turn to or any financial capability to walk away. The person who refuses to pay above slave labor salary or give a single day off...I wouldn't p*ss on them if they were on fire.
(Not so) Quick questions: Did you register as an employer in accordance with the act and then deduct his Phil Health and Pag-Ibig, also in accordance with the act? Those are my main sticking points. We can easily comply with the rest. Editorial: I do not believe the law should specify the bonus amount. Also, after 2 months employment, you are on the hook for the 13th month’s pay. We do happen to appreciate our helpers and pay the 13th month amount and comply with the law as best we can. What we cannot do is force them into Phil Health (sort of like the mandatory Obamacare health coverage that young people often refuse to pay). We cannot force them into Pag-Ibig although it is a very good deal for them. But I guess as a registered employer, you might actually have a way to register them? And a big thing is, most don’t want a contract. They just want as much money as they can get, no deductions for those things. They want flexibility to leave because they may not like you (or other reasons). They will often ask for a month’s advance, sometimes originating from the bana. In one case, that’s where the 13th month went. When I was working, it would not have been too convenient to work 1 month without pay! Yet salary advances are often requested. You can overlook the repayment but then the other helper will expect the same. The law is not clear if they can legally work for you by their choice with no contract. They can do that under an agency, an option we refuse to entertain. On the other hand, if they wanted a contract, I would oblige; I like the idea. They do not. It is intended to help them but only if they plan to have a ‘permanent’ job. But even if a maid wants a permanent job, the bana may not as he might get tired of cooking for himself and watching after the kids IF someone is watching the kids, something a responsible employer must be aware of; don’t hire somebody if there is no one to watch the kids. Ask that question when you interview. Sent from my iPhone using Tapatalk
Did you register as an employer? Yes we did. in accordance with the act? Yes then deduct his Phil Health and Pag-Ibig? No, We pay them at 100% for both workers. I do not believe the law should specify the bonus amount. I know of NO law that dose that. Republic Act No. 10361, The "Domestic Workers Act" Section 8; It states how much and when it is to be paid. When I address my workers about this I call it a bonus but the receipt they sign clearly states that IT IS the 13th. month pay. It makes all involved feel good. Also, after 2 months employment, you are on the hook for the 13th month’s pay. No; You are on the hook after ONE month. The amount is calculated as 1/12 of their pay for that calendar year. See Republic Act No. 10361, The "Domestic Workers Act" Section 8. we cannot force them into Phil Health or Pag-Ibig You can not FORCE then to do anything. You must realize that you and them can always terminate the employer/employee relationship. They can quit and you can fire. a big thing is, most don’t want a contract. In my case, if they do not want to sign a contract, they do not want the job. Remember you are the employer not them. They will often ask for a month’s advance Ask is where it is at. I always inform them at the interview, not to ask for a loan or advance because I came here to retire not to be a banker. If they need/want a loan for ANY REASON to see "BDO they find ways." not too convenient to work 1 month without pay! Than do as we do, pay weekly. As far as domestic problems/drama I tell then I do not want to hear about it. If I do, I will ask but they do not have to tell me even if I ask, it's their business, not mine. Finding a good permanent employee you need: 1. PNP & Barangay Captain clearances. 2. A scripted interview, so you do not forget to ask the important questions 3. Never hire friends, relatives or teenagers. Between 30 & 50 is best. 4. Never get in a hurry hiring a worker or buying real estate. If you do, you run the rest of getting burned. In the past I have hired two that didn't even show up for their FIRST day at work. If you want to see my contracts PM me here and leave your personal email addy and I will email you back a copy of the ones I use.
it was just an opinion about certain behavior to any employer, including employers employers, and i never said employers should do be able to do anything they want, nor will I be drawn into some kind of “human rights debate” on the subject. But the mechanism that protects the domestic employees from abuse in the Philippines the most is the existing free market, at-will employment system, with these laws being a distant second. Helpers can quit anytime and get a different job the next day (and get their 13th month bonus from you plus the new employer’s 13th month bonus if hired in September), for salary’s much higher than the law requires. Outside the Philippines, those free market, at-will employment factors are often not present for OFWs in places like Kuwait, where slavery has been a GENUINE concern and employees actually are allowed to keep the workers’ passports. Sent from my iPhone using Tapatalk
I just wonder if an under educated minimum wage worker has ever heard about Republic Act No. 10361, The "Domestic Workers Act" Section 8, let alone read it.
I do not think that matters when there are so many desperate for work in this country. You only have to look around here (eg: Zamboanguita area) where people will work in the local Shops for a miserly 100/150 pesos per 12 hour day (with deductions from their salaries if the money comes up short at the end of the day) to know that the largest group of offenders for mistreating their employees are the local people themselves. My Wife would love to go back to work, but everytime a position becomes available here it is 100/150php per day with no permanent work contract. It would be great to see Officials going through local Businesses pulling workers aside and checking to see if they are at the least receiving the minimum Wage then fining the Employers if they are taking advantage of their Workers.
Yeah it is. It would be rotten to try to squeeze more money out of an employer who took a chance on you, trusted you around their home and kids, who merely asked for honest work, and then take advantage of the law over this person who would have been so much better off had he not have had the misfortune to hire someone like you. Sure, watch out who you work for. You might not like it, you may get low pay, you may have to quit. Watch out who you hire, you may get arrested, you go to jail. Who is most at risk? Sent from my iPhone using Tapatalk
Then why is it that so many maids walk off the job so frequently, regardless of what they are paid. In short, you are blowing smoke and its obvious you have not hired many domestic helpers in Philippines.