Minimum Payment for Domestic Helper - RA 10361

President Benigno Aquino III has signed the "Kasambahay Bill" that would benefit millions of domestic workers in the country.

"We are pleased to confirm that President Aquino signed Republic Act 10361 or 'An Act Instituting Policies for the Protection and Welfare of Domestic Workers' last January 18, 2013," said Deputy Presidential Spokesperson Abigail Valte in a statement issued Wednesday.

Valte said RA 10361 will take effect 15 days after its publication in the print version of the Official Gazette or a newspaper of general circulation.

Lawmakers lauded President Aquino for the signing into law of the Protection and Welfare of Domestic Workers Act, saying this will benefit more than two million domestic workers in the country.

"This sends a strong message that President Aquino is focused on spreading inclusive growth throughout the country," said Aurora Rep. Edgardo "Sonny" Angara, one of the proponents of the proposed "Kasambahay Bill" at the House of Representatives.

"The measure makes sure that even our domestic workers will feel the gains achieved under the current administration. Pati mga kasambahay natin, kasama sa kaunlaran," he said.

Previously, Article 143 of the Labor Code pegs the monthly wage of kasambahays in Metro Manila at P800, those in "highly urbanized areas" at P650, and in other municipalities at P550.

Under the new law, domestic helpers will now receive P2,500 monthly for those working in the National Capital Region, P2,000 per month for those working in chartered cities and first class municipalities, and P1,500 for the rest.

Aside from the pay standardization, the new law assures all domestic helpers entitlement to 13th month pay, coverage in the Social Security System (SSS), PhilHealth, Pag-Ibig Fund and all the benefits provided under the Philippine Social Security System (RA 8282), as amended.

If the kasambahay salary is P5,000 and above, payment of SSS and Pag-Ibig contributions will be shared by both the employer and helper, while Philhealth premiums will still be paid in full by the employer.

The law also entitles domestic workers who have rendered at least one year of service an annual service incentive leave of five days with pay.

"The new law defines the social protections afforded to our kasambahays, but we still urge employers, especially the relatively well off ones, to go beyond the minimum benefits provided by the law. Domestic workers should still be able to find dignity in the work they do," the Aurora solon said.

San Juan City Rep. Joseph Victor "JV" Ejercito Estrada, for his part, expressed gratitude to the President "for his concern over the plight of household helps who have long been at the mercy of their respective employers."

"This is the best gift we can give at the start of the new year for these hardworking men and women who tend to our homes and take care of our children,"he said.

(Source: Philippine News Agency and ptvnews.ph)

 

In Dumaguete the law will be implemented after the election of the year ,,,

 

I think it's a good thing.....The salaries are reasonable (not saying they are good) but a stable required basis for negotiation. And getting to some convergence of fairness for their effort. We all know that many domestics have external financial pressures to deal with....and, certainly with employment by locals, not so bad with foreigners......very long hours to work!...So $50 a month in Negros cities......more like $3000+ a month here in Oz...and that's for just 38 hours a week...and no more...Actually, we don't have any domestic helpers....and I don't know anyone who does....Good on the Philippine government for driving this thru....Great policy.

 

The same thing will happen here as in the big stores and malls. they hire on a 5 month contract and avoid having to pay the benefits.

thats why most the workers dont care. they know how hard they work wont make a difference. At the end of 5 months they'll be replaced.

 

It seems like Dumaguete is in a sort of financial bubble. Many things are priced significantly higher than other parts of the country. Helpers in other cities in the Visayas and even Manila get P2,000 to P2,500 from those who have been there and worked for foreigners as well as filipinos. In Dumaguete I am having a difficult time finding even completely inexperienced help to start for P2,000. We offer a nice room in our home with the same meals that we eat and they would rather not work than to take less than what they have determined in their own mind they are worth. Are folks in this area paying exceptionally higher wages than Cebu and Manila?

Scott

 

They are not paid significantly more, but a lot here think they are "entitled" to more, and have no clue as what it takes to earn it.

 

I hope this actually gets enforced with a way for helpers to report and get reimbursement for losses suffered after the law goes into effect. However I doubt anything will change outside of Manila area. People hiring helpers usually don't have a care of the welfare of the helper. Often the helper is looked at as a slave they own. I've seen many in Dumaguete getting paid 1k and 1,500p a month, they won't ever complain though as most haven't finished highschool and know if they complain they will be terminated immediately. I made a few friends awhile back who were all helpers and tried helping a couple of them find better jobs (another foreigner friend was looking for a helper with good pay, and easy work load). However the gals I tried to refer all were either to scared of leaving their current employer or to shy for the thought of working for a foreigner even though he was married with 2 teenage kids.

If this law will actually mean anything they need a way for helpers to report their employer easily and get compensation easily out of said employer. But all these helpers are from poor families, they can't afford any costs related to such.

 

As someone who has used helpers, I think there needs to be a little balance. There are bad helpers and good helpers as well as bad employers and good employers I have had things stolen, and broken by helpers who do not listen, (Put an globe sim card into my blackberry phone without my persmission so she could use it) in the past. Usually they accidentally destroy more than 2,500 P worth of items a month.

My concern with the law is the insurance and retirement requirements. This requires administrative and reporting action on the part of families hiring just one person. The health requirements is just a government's answer to not being responsible for the health care of it citizens, pushing it onto the responsibility of the "wealthy" who can hire a helper. We all know how this law will be enforced. Once the government as a list of helper employees, there will be more and more requests for additionally items in reporting and value. this is called the "redistribution" of wealth concept. Maybe the clan-type run government will not let the redistribution of wealth concept happen here.

You will also be surprised on how fast that the shy and uneducated helper will learn the process of punishing any employer for financial gain if the process is simpified. Remember the misinformed in Dumaguete still feel that foreigners always lose, and that the threat of "deportation" will always yield an immediate surrender and financial gain for the accuser whether there are lies or truths spoken.

Sorry but my experience with a helper has created in my mind more of a picture of a helper as cunning and manipulative than a poor, uneducated, shy, yielding helper with a good set of good work ethics. The reporting requirements make me question even the need of a helper in my house. By the time I get done with the helper administrative process (think of the long lines alone) I could probably get almost everything done I am asking the helper to do in my house.

 

Does anyone obey this law?

We have always paid what my wife tinks is a decent wage. However, we have never paid over 2000 here in Dumaguete. She usually grades them on experience, attitude and abilities. We usuall have a minimum of 1600 and adjust up from there. Does anyone really pay mor than that for theirs?