Best Posts in Thread: "Helpers"

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.

 

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.

 

Why? I'm not from USA. We are not in USA. And my monthly budget, here in the Philippines, for myself and live in gf is MUCH less than that.

But to be fair, Australia has a minimum wage of $18.29 per hour according to this site so why don't you go home and pay the people in USA $18.29 per hour like Australia does?

After all, that’s about the minimum they would pay in Australia so we should be fair. OR we could just acknowledge that the economies of different countries are all different and wages depend on the local norms. Does that sound fairer to you? It certainly does to me.

 

Will up this post:

Republic Act No. 10361 also known as ‘Domestic Workers Act’ or ‘Batas Kasambahay’ is an act instituting policies for the protection and welfare of Domestic Workers.

It was signed by the former President Benigno Noynoy Aquino III on January 2013. It strengthens respect, protection and promotion of the rights of general household helpers including maids, cooks, gardeners, laundry persons, etc. except for family drivers and individuals who perform occasional and irregular work. Once the kasambahay has rendered one month of service, he is eligible for 13th month pay, SSS, PhilHealth and Pag-Ibig benefits and employers must be registered as their “employers” to these three government agencies.

The Kasambahay Law lists down some mandatory benefits that to be provided by the employers:

• Monthly Minimum wage
  • P 2,500 for Metro Manila
  • P 2,000 for Cities and Municipalities
  • P 1,500 for other Municipalities
• Daily rest period
  • 8 total hours, weekly rest period of 24 uninterrupted hours,
• Leave
  • 5 annual days of service incentive leave with pay
• 13th month pay
• SSS
• PhilHealth
• Pag-Ibig
• Three meals a day must be provided
• Taking Considerations about Culture and Beliefs
• Toiletries
• Medicines

Employers should also have a contract with them written in a language that they can understand. It should specify their duties and responsibilites, period of employment, salaries/compensations, authorize deductions, hours of work and proportionate additional payment, rest days, allowable leaves, board/logging, medical, and other conditions that both parties may agreed. They (the employers) are required to issue a pay slip and register their kasambahay in the Registry of Domestic Workers in their local barangay.

Footnotes:

• http://www.ilo.org/wcmsp5/groups/pu...ila/documents/genericdocument/wcms_126008.pdf

Government Forms (In case you’ll need some):

• BK-1 Standard Employment Contract - Forms Philippines (sample contract)
• E-1 Personal Record Form - Forms Philippines
• R-1 Employer Registration - Forms Philippines
• R-1A Employment Report - Forms Philippines
• PPS-HEUR1 Household Employer Unified Registration Form - Forms Philippines
• PPS-KUR Kasambahay Unified Registration Form - Forms Philippines
• PMRF PhilHealth Member Registration Form - Forms Philippines

 

I have lived by an old saying taught to me by my first Boss in the 70's;
"Good is never Cheap - And Cheap is never Good"
Most times, you get what you pay for...

 

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.

 

You may be one of the 1%'er expats, so not disputing your particular case. I just wondering if your aren't more the exception than the rule. The exception does not invalidate the rule. Maybe I'm not seeing it, but the vibe I get is not one of if they do a better job, expats would pay them more. I'm getting more the minimum wage is this, so I pay them that and they should be happy, but for some reason they don't seem to value this great opportunity I'm providing them. Just to provide some clarity, lets talk hypothetically since I don't claim to know the number. Lets say you were to pay 2x more than average ($6000-8000 pesos a month), you would think that most people making $3000-4000 pesos/month would want that job and the person doing that job wouldn't want to lose it? Money definitely affects behavior. Simple example, ask people to clean a sewer for 10 pesos, a few or no takers. Ask someone to do it for 1000 peso, the number goes up, and so on.

Convenience plays a huge role. It's just how you value a particular convenience. Why do people have cars, air conditioning, tv, internet. etc? Many people get by with food and shelter.