Conclusion
The Department of Labor and Employment (DOLE) is now also reviewing the implementing rules and regulations (IRR) of Republic Act (RA) 10361, or the so-called Kasambahay law, to address the problem on labor-dispute settlement for household service workers (HSW) numbering to about 2 million nationwide.
Bureau of Workers with Special Concerns Director Ma. Karina P. Trayvilla, in an interview with the BusinessMirror, said the review will address the current confusion between the National Labor Relations Commission (NLRC) and the DOLE regional offices, on which agency should handle the dismissal cases of HSWs.
The Labor Code states that the NLRC should have the sole jurisdiction of handling dismissal cases, but RA 10361 contains a provision giving the DOLE Regional offices jurisdiction on cases involving dismissed HSWs.
Trayvilla said they are now forming a technical working group to draft the issuance, which will clarify the issue.
“This is a very important issue [since] it will determine where a kasambahay should go in case their negotiations in Sena [Single Entry Approach] with their employers bog down,” Trayvilla said.
Sena is the administrative approach of the DOLE, whereby all parties with labor dispute undergo a mediation and conciliation.
From 2013 to 2017, the DOLE’s regional offices and the National Conciliation and Mediation Board were able to handle 629 requests for assistance filed by HSWs.
Trayvilla said there could have been more if the procedures in the filing of labor disputes have been clearer.
ILO report
The IRR review of RA 10361 is also part of the preparation of the government in its commitment to the International Labour Organization (ILO) next year on its protective measures for HSWs. ILO Programme Assistant Officer Ma. Lourdes Macapanpan said they
will use the report to gauge the country’s compliance to ILO Convention (IC) 189 next year.
“Since the Philippines is the second country to ratify the Convention [189], other countries are looking at it for good practices in terms of protecting the rights of HSWs. The report will encourage other countries to do the same,” Macapanpan said.
Trayvilla noted the country will not be at risk of any sanctions from ILO in case its report on the IC 189 compliance fails to meet its expectations. But she did admit the labor arm of the United Nations might use “moral suasion” to compel the country to improve its IC 189 compliance.
The Philippine government has previously submitted a similar report to ILO covering 2013 and 2014, which was well received by the Geneva-based organization.
In their 2019 report, Trayvilla said they noted their tripartite approach in coming up with policies for HSWs and the exemplary efforts of some local government units in encouraging the registration of HSWs.
“We also want to show the policies that we have issued in the department and the services given by our regional offices,” Trayvilla said. These include capacity-building efforts of the government for HSWs through skills training and seminars.
Stakeholder role
Although the government plays a big role in solving the problems in the enforcement of RA 10361, Federation of Free Workers Vice President Julius H. Cainglet also stressed the role employers—and even the HSWs—have in the said efforts.
He said the creation of the regional tripartite industrial council for HSWs is a big step toward this direction, since it will allow the government to craft policies based on the concerns of both parties.
Cainglet, however, added this remains easier said than done, since HSWs and their employers remain mostly unorganized.
Ideally, he said both stakeholders should have their own nationwide organizations, not only for the policy-making needs of the government, but also for collective-bargaining purposes.
Only around 3,000 to 4,000 HSWs in the country are organized in several labor associations. Their employers have yet to establish similar organizations.
The United Domestic Workers of the Philippines (United) currently is one of the biggest HSW organizations in the country, with 1,974 members nationwide, including Lisa Santa Romana, a 47-year-old HSW in Quezon City.
United President Novelita V. Palisoc said they are planning to increase their membership this year so they can gain better recognition from the government.
“We plan to expand our membership so we will be recognized as a labor union [by the government] because, as of now, we are still only classified as an association,” Palisoc said. She added that this will also allow them to provide aid to more HSWs.
“Our members will be given training and insurance in case of accident or death,” Palisoc said.
But for Lisa, who has been a member of United since it was created in 2013, their group serves more of a second family rather than a labor association.
“It is great to be a member of an organization. It allows me to meet my friends and to have some fun on my free time,” Lisa said.