Dumaguete Info Search


We need our Domestic Workers....Respect their rights!

Discussion in 'Dumaguete City' started by Torilian, Jul 28, 2013.

  1. Torilian

    Torilian DI Member

    Messages:
    65
    Trophy Points:
    0
    Ratings:
    +1 / 0
    Kasambahay registration set



    The Department of Labor and Employment in Negros Oriental will conduct a start-up registration of domestic workers, or kasambahay, on July 30 at the Robinsons Place mall in Dumaguete City, a government press release said.

    The activity is in coordination with the Department of the Interior and Local Government, Social Security System, Pag-IBIG, PhilHealth and the Dumaguete City government.

    DILG officers Farah Gentuya and Felix Ablir Jr. of Negros Oriental and Dumaguete City, respectively, urged barangay captains to encourage and assist employers of household domestic workers to participate in the registration, the press release said.

    They added that SSS, PhilHealth and Pag-IBIG representatives will accept applications for membership during the registration from 8 a.m. to 5 p.m., the press release also said.

    It is pursuant to Republic Act 10361, or the Domestic Workers Act, signed into law by President Benigno Aquino III January 18, 2013, that entitles domestic workers to benefits such as a set minimum wage, work leaves with pay, and enrollment in the insurance programs of the Social Security System, Philippine Health Insurance Corporation and the Home Development Mutual Fund, the press release added.*
     
  2. Rye83

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

    Messages:
    13,106
    Trophy Points:
    451
    Occupation:
    FIRE
    Location:
    Valencia
    Ratings:
    +16,069 / 3,789
    Blood Type:
    O+
    Hmm. So my helper will be taking a pay cut and I will pay exactly the same amount for her services. Cool stuff for the house help. I think my helper will prefer the 500 extra a month over all the "benefits" the government is pushing. But she nor I have a choice in the matter according to the law. The government will get their's though.
     
  3. OP
    OP
    Torilian

    Torilian DI Member

    Messages:
    65
    Trophy Points:
    0
    Ratings:
    +1 / 0
    You need to study more. The SSS and Phil Health is for the employee and very good in case of illness and also future retirement.
    A 13th month pay and a day OFF per week sounds reasonable to me. As long as an DOMESTRIC WORKER (not your downgrade, calling her a helper. A helper to whom, cleaning your under ware????? As long as here salary is less than P5000 per month you MUST pay for her benefits... do not wait for her to come to you and ask. Your responsibility is to take your DOMESTRIC WORKER to SSS and PhilHealth and HELP her get started and pay the cost every month. No freebee's anymore in Philippines. Follow the law and the rules and if not, YOU pay some HEAVY FINES. Respect the Philippines and the Filipino people, that way you feel better about yourself.
    Have a wonderful day!
     
  4. nick78_swe

    nick78_swe DI Member

    Messages:
    50
    Trophy Points:
    96
    Ratings:
    +0 / 0
    I discussed this with my wife and she said its ALOT of Domestic Workers who actually prefers NOT to get SSS+Philhealth but want cash instead, specially when being employed short periods of time (1-4 months or so).
    And for the record im from Sweden, a country with one of THE highest tax pressure in the world so i know the ups and downs with having high taxes but a good social care system so for me this sounds like a step in the right direction but like alot of stuff in Phil it has to handled without corruption or else people will not want it, trust goes both ways when government is involved.
     
  5. Rye83

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

    Messages:
    13,106
    Trophy Points:
    451
    Occupation:
    FIRE
    Location:
    Valencia
    Ratings:
    +16,069 / 3,789
    Blood Type:
    O+
    Study more? I know the law. My helper gets more than 2k a month now. But do you honestly think I, and most employers, are going to eat the cost of the required benefits? I'm not in dumaguete, I'm in Valencia, so I pay more than required by the law. Honestly, I'll give her a choice if she wants to pocket the money or have it deducted from her current salary. The law can suck it. It only hurts the helpers. As one mentioned before, too much corruption in this country for most to trust the government with their retirement.

    She gets at least 1 day a week off and additional days if she needs them. Her 13 month pay was actually 14 month pay as I tripled her monthly salary for Christmas as a bonus. With this new law she will lose money and I will pay the same, she loses, not me. If there is a problem with that I will just let her go and the gf and myself with do the work. I imagine many helpers will be facing the same choice. (and yes, I call them helpers, as that's exactly what they do.....help.)
     
  6. Rye83

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

    Messages:
    13,106
    Trophy Points:
    451
    Occupation:
    FIRE
    Location:
    Valencia
    Ratings:
    +16,069 / 3,789
    Blood Type:
    O+
    Btw, since you told me to study the law I thought I'd bring up some more downsides that can be used by employers.

    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.

    So I guess the junk food my helper eats throughout the day will be cut. That comes out of her pocket now. I think a bit of rice, some chicken and water 3 times a day is "adequate".

    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.

    obliged! So no more nap time or Internet time on their working hours. I've had more lazy helpers than good helpers. Speaking of Internet time.

    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.

    So how much does the Internet cafes charge per hour? No more free wifi. Sorry, but the law says I have a right to charge them for it. No more asking me for load either. Pay up.

    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.

    this is a good one. My helper has on several occasions told my gf where I and if another girl was with me. I had one previously that regularly went around and personally and made sure everyone in a 5km radius new every aspect of my personal life.

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

    So, sleep, then work. 16 hours of work a day for 1500/month. You can do the math on how much that is an hour.

    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.

    This is a pay cut for my helper. I'm sure she won't appreciate it.

    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.

    So I'm assuming prior to one year there is no paid vacation time. I guess no more asking me for extra days off to go to fiestas or birthday parties. Nothing in the law concerning giving time off for emergency leave. Lola died on a weekday? Sorry, it's not your day off, she should have died at a more convenient time.

    SEC. 34.*Termination Initiated by the Employer.*– An employer may terminate the services of the domestic worker at any time before the expiration of the contract, for any of the following causes:
    (a) Misconduct or willful disobedience by the domestic worker of the lawful order of the employer in connection with the former’s work;
    (b) Gross or habitual neglect or inefficiency by the domestic worker in the performance of duties;
    (c) Fraud or willful breach of the trust reposed by the employer on the domestic worker;
    (d) Commission of a crime or offense by the domestic worker against the person of the employer or any immediate member of the employer’s family;
    (e) Violation by the domestic worker of the terms and conditions of the employment contract and other standards set forth under this law;
    (f) Any disease prejudicial to the health of the domestic worker, the employer, or member/s of the household; and
    (g) Other causes analogous to the foregoing.

    Every single one of my helper has violated one of these rules.

    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.

    I assume this applies to the helper violating any of the rules here as well. So how many months would they need to work to just pay the minimum penalty? Right.

    Now all that being said, I am human and I do see my helpers as human too. I have met MANY employers that demand MUCH MUCH more than I ever have. But according to this law it appears even more can legally be asked of helpers than I would have ever imagined. I will thank you for making me look into this more as I am very pleased to see the confidentiality clause in there as that is one thing that ticks me off more than being lazy.
     
  7. shadow

    shadow DI Forum Luminary

    Messages:
    2,904
    Trophy Points:
    0
    Ratings:
    +39 / 0
    If they enforce this there will be a family of three looking for a new place to stay for free.
     
  8. Rye83

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

    Messages:
    13,106
    Trophy Points:
    451
    Occupation:
    FIRE
    Location:
    Valencia
    Ratings:
    +16,069 / 3,789
    Blood Type:
    O+
    I just did the math, on a 30 day month and working 16 hours a day at 1500 a month that equates to roughly 3 pesos an hour if you exclude days off. With one day off they are working 96 hours a week. I see they put a lot of thought into this bill. Claiming this helps domestic helpers is silly.
     
  9. DavyL200

    DavyL200 DI Forum Luminary ★ Global Mod ★ ★ Moderator ★ Highly Rated Poster Showcase Reviewer

    Messages:
    3,968
    Trophy Points:
    401
    Location:
    On an island
    Ratings:
    +5,126 / 466
    No thought what so ever goes into any law here, but hey I wouldn't worry too much as what laws are really enforced here?
     
  10. simple mind

    simple mind DI Forum Patron

    Messages:
    1,093
    Trophy Points:
    0
    Ratings:
    +19 / 4
    The niece of my wife is now 18 years old and has been working for us for the last two years, she gets 2500Php a month, she is a stay-in, lives together with her 8 year old sister in a nice Nipa Hut, she has a 13th. salary and was not sick yet but we would of course be there to pay if she would need anything in the future. If we are getting into this "Pagibig""SSS""Philhealth" thing, I am wondering if that would actually unbind us from the(moral)duty giving any assistance to her in case of an emergency. If we leave it up to the Government, does it mean that she would just have to rely on the Barangay Health Center and the Provincial Hospital for her treatment, and if so, who would have to pay up after the "Philhealth" coverage is exceeded
     
Loading...