A RECENT survey conducted by the Department of Labor and Employment (DOLE) and the Philippine Statistics Authority (PSA) on the status of household service workers (HSW) nationwide revealed mass violations of Republic Act (RA) 10361 or the Kasambahay Law.
In an online press briefing on Wednesday, DOLE’s National Wages and Productivity Commission (NWPC) reported that only 2.5 percent or 35,455 of the 1.4 million HSWs nationwide have written employment contracts.
Likewise, it also reported that 83 percent of the HSWs did not have any social welfare benefits from the Social Security System (SSS), Philippine Health Insurance Corporation (PhilHealth), and the Home Mutual Development Fund, more popularly known as Pag-IBIG Fund.
Both written employment contracts and social welfare benefits for HSWs are mandated under RA 10361.
The survey questions about HSWs were included in the regular labor survey conducted by PSA last year, which covered 40,000 households nationwide.
Lack of awareness
NWPC Executive Director Maria Criselda R. Sy said she was particularly alarmed with the large number of HSWs, who have no written employment contract since it shows many people are still not aware of the provisions of the Kasambahay Law.
“The law was already in effect for 7 years but up to now, despite advocacies done with regard to [implementing] the contract of kasambahay to make sure all the provisions of the law are being complied with, [the provision] is still not being implemented,” Sy said.
Director Ma. Karina Perida-Trayvilla of the Bureau of Workers with Special Concerns (BWSC) stressed the importance of the written employment contract since it contains the rights and obligation of HSWs and employers.
She noted the copy of the said contracts should have been submitted to local barangays, to ensure its provisions are enforced and also to monitor the number of HSWs in an area.
Aggrieved HSWs may file a complaint against their employer at DOLE regional offices.
Employers who will not execute such contracts with their HSWs, could be fined not less than P10,000 but not more than P40,000. They could also face criminal and civil charges for the said violations.
Possible solutions
Labor Secretary Silvestre H. Bello III ordered the Domestic Work Inter-Agency Committee to convene and determine how to boost the compliance with the RA 10361.
Trayvilla said a possible solution would be for DOLE to improve its inspection of households, where there are HSWs.
However, she admitted that DOLE’s labor inspection system is not designed for such a policy.
“The labor inspector [may] only enter a home if they have a warrant for it,” Trayvilla said.
As an alternative to actual physical inspection, she said the employers may just be required to submit proof of compliance to the RA 10361 in their barangays.
For her part, Sy is advocating for an intensified advocacy of the Kasambahay Law instead.
“When we presented the result of the survey to stakeholders, one of their concerns is that the kasambahay themselves are afraid to sign a contract. This means they are still not aware [of RA 10361],” Sy said.
This was supported by data from PSA, which showed only about 41 percent of the 1.4 million HSWs are aware of the Kasambahay Law.
Image credits: Roy Domingo
1 comment
My sister and i have a works for many years my sister is morethan 20 years and me is 6 years no benefits my salary also is not a minimum wage no 13th month pay no day off Here at block 63, Lot , 23 Aventine Hills Bf Resort Village Las Pinas City.pls i need your pls hoping for your kind consideration thank you