Dumaguete Info Search


"Helpers"

Discussion in 'Expat Section' started by Jack Peterson, Nov 14, 2014.

  1. Jack Peterson

    Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

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    We are about to look in earnest for a live-in Helper not sure What, Who, Age or When yet but.. I guess we should think about doing it properly. We do not want Family, Close friends or Friends/ Family of Friends so properly it should be.
    Over the past year or two we have had some Threads about helpers and the legalities of it.
    Has any one a Copy or link available of the Requirements we as Employers should follow. I have tried in vain to find out about it but all I seem to get is much GA GA Language about Employment in general.

    Anyone?

    JP,
     
  2. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    Sure. I Googled "domestic helper law philippines" and came up with:

    Republic Act No. 10361

    The pay is:
    Below are the full employment terms and conditions.

    SEC. 19. Health and Safety. – The employer shall safeguard the health and safety of the domestic worker in accordance with laws, rules and regulations, with due consideration of the peculiar nature of domestic work.

    SEC. 20. Daily Rest Period. – The domestic worker shall be entitled to an aggregate daily rest period of eight (8) hours per day.

    SEC. 21. Weekly Rest Period. – The domestic worker shall be entitled to at least twenty-four (24) consecutive hours of rest in a week. The employer and the domestic worker shall agree in writing on the schedule of the weekly rest day of the domestic worker: Provided, That the employer shall respect the preference of the domestic worker as to the weekly rest day when such preference is based on religious grounds. Nothing in this provision shall deprive the domestic worker and the employer from agreeing to the following:

    (a) Offsetting a day of absence with a particular rest day;

    (b) Waiving a particular rest day in return for an equivalent daily rate of pay;

    (c) Accumulating rest days not exceeding five (5) days; or

    (d) Other similar arrangements.

    SEC. 22. Assignment to Nonhousehold Work. – No domestic worker shall be assigned to work in a commercial, industrial or agricultural enterprise at a wage rate lower than that provided for agricultural or nonagricultural workers. In such cases, the domestic worker shall be paid the applicable minimum wage.

    SEC. 23. Extent of Duty. – The domestic worker and the employer may mutually agree for the former to temporarily perform a task that is outside the latter’s household for the benefit of another household. However, any liability that will be incurred by the domestic worker on account of such arrangement shall be borne by the original employer. In addition, such work performed outside the household shall entitle the domestic worker to an additional payment of not less than the existing minimum wage rate of a domestic worker. It shall be unlawful for the original employer to charge any amount from the said household where the service of the domestic worker was temporarily performed.

    SEC 24. Minimum Wage. – The minimum wage of domestic workers shall not be less than the following:

    (a) Two thousand five hundred pesos (P2,500.00) a month for those employed in the National Capital Region (NCR);

    (b) Two thousand pesos (P2,000.00) a month for those employed in chartered cities and first class municipalities; and

    (c) One thousand five hundred pesos (P1,500.00) a month for those employed in other municipalities.

    After one (1) year from the effectivity of this Act, and periodically thereafter, the Regional Tripartite and Productivity Wage Boards (RTPWBs) shall review, and if proper, determine and adjust the minimum wage rates of domestic workers.

    SEC 25. Payment of Wages. – Payment of wages shall be made on time directly to the domestic worker to whom they are due in cash at least once a month. The employer, unless allowed by the domestic worker through a written consent, shall make no deductions from the wages other than that which is mandated by law. No employer shall pay the wages of a domestic worker by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than the cash wage as provided for under this Act.

    The domestic worker is entitled to a thirteenth month pay as provided for by law.

    SEC. 26. Pay Slip. – The employer shall at all times provide the domestic worker with a copy of the pay slip containing the amount paid in cash every pay day, and indicating all deductions made, if any. The copies of the pay slip shall be kept by the employer for a period of three (3) years.

    SEC. 27. Prohibition on Interference in the Disposal of Wages. – It shall be unlawful for the employer to interfere with the freedom of any domestic worker to dispose of the latter’s wages. The employer shall not force, compel or oblige the domestic worker to purchase merchandise, commodities or other properties from the employer or from any other person, or otherwise make use of any store or services of such employer or any other person.

    SEC 28. Prohibition Against Withholding of Wages. – It shall be unlawful for an employer, directly or indirectly, to withhold the wages of the domestic worker. If the domestic worker leaves without any justifiable reason, any unpaid salary for a period not exceeding fifteen (15) days shall be forfeited. Likewise, the employer shall not induce the domestic worker to give up any part of the wages by force, stealth, intimidation, threat or by any other means whatsoever.

    SEC. 29. Leave Benefits. – A domestic worker who has rendered at least one (1) year of service shall be entitled to an annual service incentive leave of five (5) days with pay: Provided, That any unused portion of said annual leave shall not be cumulative or carried over to the succeeding years. Unused leaves shall not be convertible to cash.

    SEC. 30. Social and Other Benefits. – A domestic worker who has rendered at least one (1) month of service shall be covered by the Social Security System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home Development Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in accordance with the pertinent provisions provided by law.

    Premium payments or contributions shall be shouldered by the employer. However, if the domestic worker is receiving a wage of Five thousand pesos (P5,000.00) and above per month, the domestic worker shall pay the proportionate share in the premium payments or contributions, as provided by law.

    The domestic worker shall be entitled to all other benefits under existing laws.

    SEC. 31. Rescue and Rehabilitation of Abused Domestic Workers. – Any abused or exploited domestic worker shall be immediately rescued by a municipal or city social welfare officer or a social welfare officer from the Department of Social Welfare and Development (DSWD) in coordination with the concerned barangay officials. The DSWD and the DILG shall develop a standard operating procedure for the rescue and rehabilitation of abused domestic workers, and in coordination with the DOLE, for possible subsequent job placement.
     
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  3. PatO

    PatO DI Forum Luminary Highly Rated Poster Showcase Reviewer Veteran Marines

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    Interestingly, I didn't see anything on providing meals, particularly, for live-ins. I think it is an obligation.
     
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    Jack Peterson

    Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

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    Yes! how Odd. maybe they thought as we do, that it would be a natural thing with a Live in but.......................their Laws are always so ambiguous are they not?

    :oops: Bit like going for a Driving test, they would assume you will bring your own vehicle, so no need to tell you.

    JP:D
     
  5. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    What I posted here was not the act in it's entirety. You have to go to the link to read the entire thing. Above are just the Employment Terms and Conditions:

    Meals are covered under "Rights and Privileges".

    SEC. 5. Standard of Treatment. – The employer or any member of the household shall not subject a domestic worker or “kasambahay” to any kind of abuse nor inflict any form of physical violence or harassment or any act tending to degrade the dignity of a domestic worker.

    SEC. 6. Board, Lodging and Medical Attendance. – The employer shall provide for the basic necessities of the domestic worker to include at least three (3) adequate meals a day and humane sleeping arrangements that ensure safety.

    The employer shall provide appropriate rest and assistance to the domestic worker in case of illnesses and injuries sustained during service without loss of benefits.

    At no instance shall the employer withdraw or hold in abeyance the provision of these basic necessities as punishment or disciplinary action to the domestic worker.

    SEC. 7. Guarantee of Privacy. – Respect for the privacy of the domestic worker shall be guaranteed at all times and shall extend to all forms of communication and personal effects. This guarantee equally recognizes that the domestic worker is obliged to render satisfactory service at all times.

    SEC. 8. Access to Outside Communication. – The employer shall grant the domestic worker access to outside communication during free time: Provided, That in case of emergency, access to communication shall be granted even during work time. Should the domestic worker make use of the employer’s telephone or other communication facilities, the costs shall be borne by the domestic worker, unless such charges are waived by the employer.

    SEC. 9. Right to Education and Training. – The employer shall afford the domestic worker the opportunity to finish basic education and may allow access to alternative learning systems and, as far as practicable, higher education or technical and vocational training. The employer shall adjust the work schedule of the domestic worker to allow such access to education or training without hampering the services required by the employer.

    SEC. 10. Prohibition Against Privileged Information. – All communication and information pertaining to the employer or members of the household shall be treated as privileged and confidential, and shall not be publicly disclosed by the domestic worker during and after employment. Such privileged information shall be inadmissible in evidence except when the suit involves the employer or any member of the household in a crime against persons, property, personal liberty and security, and chastity.
     
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  6. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    BTW: I find that SEC. 10 above is rather hard for some of them to follow. What happens in the house is confidential, gossip can get the helper fired and a hefty fine according to the law.
    SEC. 40. Penalty. – Any violation of the provisions of this Act declared unlawful shall be punishable with a fine of not less than Ten thousand pesos (P10,000.00) but not more than Forty thousand pesos (P40,000.00) without prejudice to the filing of appropriate civil or criminal action by the aggrieved party.

    Nothing in there says that the penalty is only for the employer. Domestic helpers are subject to the same penalties for going out and gossiping about things in the house.
     
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  7. Gabrielle_K

    Gabrielle_K DI Forum Adept Showcase Reviewer

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    I know of a high school senior looking to live in as a working student. She'll be graduating in March so it's only a few months until she could be there all the time I guess.

    She's attending the HS at the Talay crossing near Ecoville presently
     
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    Jack Peterson

    Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

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    "G" Thanks for the Thought, problem would be for us, 2 High School Graduates in the house, Hmmmmmmmmmmm not a good Idea I think.

    Our Daughter is lazy enough with out Peer Pressure or a Sister Act.
    I will keep an Open Mind on all things but age is going to be a big factor. Not too Old and not too young. I know from all the posts on things her it is a never ending saga but i am sure we will get there.

    We do appreciate all and any Hints, Comments and Suggestions though

    JP
     
  9. Beige123

    Beige123 DI New Member

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    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:

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

     
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  10. Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    And the pay is the same as posted by Mr Wyre back in 2014!
     
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