Wednesday, June 5, 2013

Kasambahay Law infographic

The Kasambahay Law took effect yesterday. I've not talked to a lawyer about the law, as I had said I would. I was about to but then my household help stole money and gift certificates from me and ran off into the sunset, so I didn't need to anymore. If you're having a hard time understanding the law, ABS-CBN came up with a pretty neat infographic:
To see the full infographic, CLICK HERE.

Whew! I'm sooooo glad I don't have a kasambahay right now. We've not had a maid or yaya since the last week of March and, hey, we're still alive and well! In fact, the kids are healthier (or, as everyone exclaims, Vito and Iñigo are fatter now), happier and smarter.

But not all of us have this no-maid lifestyle. Even I don't know if I can go on like this. If you've noticed, I haven't blogged here for more than a week. That's because with all the child-caring, housekeeping, cooking, errand-running, and writing that I've been doing, blogging naturally will be the last on my to-do list! So if I want to blog—and earn—more, I should hire help. I'm also pretty sure that when I start working outside the home again (sooner or later, I know I will), I'll have to hire a kasambahay.

I honestly don't want to hire a yaya or maid anymore because of the Kasambahay Law. It's not because I don't think kasambahays shouldn't have any rights. Even without that law, I've treated my household help so well. And what do I get in return? Theft, nasty gossip, petty fights, lies, laziness, greed, a sense of entitlement to what isn't theirs, disrespect, poor treatment of my children... The list goes on.

Anyway, I know a LOT of you are writhing in agony because of this new law. Sigh. This law wasn't made for us; it was made for better tax collection. Seriously. How does this law make life easier for the employer? The employee? If you're looking for work but you don't have a birth certificate, medical clearance, SSS, Philhealth and PAG-IBIG, you're automatically undesirable because a potential employer will think, "Oh dear heaven, I have to pay for all those requirements!" If you're a yaya or maid and your employer raises your salary to P5,000, does that mean more money for you and your family? No, that means you now have to pay the government taxes and SSS, Philhealth and PAG-IBIG now. Tell me, will any kasambahay rejoice in that?

Still, it's good that the law protects household help from abusive treatment. Actually, our laws have always said it's criminal to abuse any person—whether he works for you or not. And we have labor laws naman. But I guess it's good that there's a special law so that we all know how our household help should be treated, which is decently and humanely. It's so sad that people have to be reminded about that.

UPDATE: Here's a great article so you can fully understand the Kasambahay Law (click here!)

31 comments:

  1. Thanks for the infogrphic link. May tanong po ako. Yung labandera namin, acording to the law, dapat bayaran ko yung benefits nya. I asked her kung ilan ang mga pinaglalaba niya. Sabi ni Ate lima kami, one per day of the week, except on weekends. Since weekly siya nagtratrabaho sa akin, "regularly performs domestic work" ang status nya. So does that mean lahat kaming nagpapalaba sa kanya magbabayad ng benefits nya? Swerte naman ni Ate! Times 5 ang benefits!

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    1. Haaaaay, ewan ko! Inisip ko rin yan kasi I'm thinking of hiring a cleaning lady to come in twice a month. Diba twice a month also falls under "regularly performs domestic work"???

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    2. I think the wording ("regular," "sporadic," etc.) of the infographic is too vague, but that arrangement you have with your labandera falls under freelance work and therefore isn't covered by the Kasambahay Law.

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    3. TPS, yeah, I wish the law was more specific. What is their definition of "regularly"? I have a reader who said her cleaning lady comes in every day for 4 hours then spends the next 4 hours at her sister's house. She asked me if that's under "service provider" and I said, "I don't know!"

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    4. Hi Frances,

      I asked my friend who took part in drafting the Kasambahay law and she admitted that the law isn't clear with a situation involving a laundrywoman who works for 5 different employers on a regular. I am copy pasting her complete answer here for your information, hope it helps:

      First question: Whether a laundry woman who comes to do laundry once a week is considered to be regularly performing domestic work so as to be included in the coverage of the law? Yes. The law covers live-out arrangements. What is operative is that there is regularity in the work performed and that it is done on an occupational basis. Once a week os considered on a regular basis. However, the laundry woman will not be covered if she does the laundry occasionally or sporadically AND not on an occupational basis.

      Second question: If the laundry woman has 4 different employers are you all obligated to pay the benefits? The law is not clear with respect to this. But my answer would be NO. The kasambahay will be responsible for paying her share of the premiums/contributions to SSS, Pag-ibig and Philhealth because she has multiple employers. Benefits regarding leaves do not apply since she does not live with you. The minimum wages also do not apply to you since the laundry does not live with you. But you still have to execute a contract and give her pay slips.

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    5. Ya, sounds like a freelance arrangement. I just did the laundry a few days ago. Hindi mabango haha. I was wondering kasi if I could do it myself instead of sending out sa laundry shop. I don't hire labandera kasi mahal sila mag-charge. P400 a day! Sa laundry shop, P35 a kilo lang!

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  2. I will not hire a kasambahay anymore.. Okay na samin na kami kami nalang..
    EXPENSIVE magkaron ng yaya now. Ako nga hindi makapag leave sa work ko eh..
    haysss...

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    1. This has been the reaction of people. Either they'll not hire or they'll lessen their kasambahays. That means less jobs for the poor so this law doesn't help the poor.

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  3. Sobrang one-sided and not considering that most of the times, employers ang aggravated on katulong relations. A regular office employee pays around 500Php for SSS (wala ka pang hirap nun kasi yung company bayad) sila halos ganun na, may OT pay + 15 paid days when unjust pinaalis (who's to decide?) So does that mean pagumabsent sila, because nagkasakit or namatayan subject to deduction na?! Is there a way to abolish or atleast ammend this law?

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    1. Yes. I also feel hindi protected ang employer. So ang solution diyan is when you make the yaya contract, make it super specific para favorable to you also.

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  4. here's a copy of the law..

    http://www.gov.ph/2013/01/18/republic-act-no-10361/

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  5. I feel that these new regulations will cause all sorts of inconveniences and expenses for employers, to the point that it will seem more practical to not hire maids or yayas anymore. In our case, we feel that if we're going to have help with the kids for just 8 hours a day, then we will have to let go of one of our yayas, because it doesn't make sense to have 2 yayas with that kind of schedule. A regular all-around maid will be easier, because you can schedule her time so she works only 8 hours a day, but the yaya it's not so simple, especially for work-at-home moms.

    I also feel bad because like you, even without this law, my kasambahays were treated very well, spoiled even. I even joke to my husband that my maids are prepaid, because they get their monthly salary always in advance. We provide medicine and snacks, even though we're not required to. I guess I also feel that this law negatively affects employers who treat their employees more than fairly.

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    1. No, mommy quaker, yung rest period nya ang 8 hours. So ang work hours nya is actually 16 hours. So if she starts work at 6am, dapat 10pm, wala na syang ginagawa.

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  6. hi ms frances, oh my! i didnt know na kasama pala sa kasambahay law ang labandera, i have one that comes in every week. hay the reason I resigned was because i have no permanent yaya for my kids and with that pati sss, pag ibig and philhealth ko hindi ko rin maasikaso bayaran voluntarily kasi i have a 9 months old baby and im stuck at home so nagpapalaba lang kami weekly. I think this means good news for laundry shops

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    1. Yes. We'll be like the US na. No household help and we'll rely on appliances and gadgets. There will be a rise in daycare centers and other service providers like laundry shops. I guess that's how the poor will be helped—they'll be employed in laundry shops na lang.

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  7. parang ang bigat na nga mag employ ng kasambahay. Currently, I only have one yaya for my toddler. Bumalik na sa province yung all around ko. So napakiusapan ko mommy ko na sa amin muna. Magpapasukan na, e kailangan ko rin ng maghahatid sa panganay (9.y.o) sa school. With this law, parang nakakatakot baka makulong kami. Kasi I leave home at 6:30, I get home at 9:30, so more than 8 hours na yun. Pano kaya yun? Saka, with incumbent yaya, this means with her salary na 3000, magdadagdag pa ngayun ng 575 to cover her benefits? Or pwede bang i deduct yun sa 3000? Hay, grabe. Kung dalawa sila, automatic 7000 agad yun, not to mention yung pagremit sa government offices nung benefits. Pwede ba yun over the counter sa bank? Alangan namang mag leave pa ako para maka remit? E ang pila sa SSS, dapat before magbukas andun ka na dahil sobrang haba ng pila at ang bagal din ng service. SSS pa lang yun. Wala pa ang sa Pagibig at Philhealth.

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    1. If less than 5K ang sweldo ni kasambahay, yung benefits ikaw lahat sasagot nun. Hindi mo yun ibabawas sa sweldo nya.

      Pwede sa bank magbayad ng SSS benefits. May nag-suggest na hindi ikaw ang pumila, si yaya ang papuntahin mo sa bank kasi para sa kanya naman yung benefits. Make her do it on her day off. Of course that means dapat day-off nya weekday so agrabyado ka na naman.

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  8. hays..gusto ko pa naman magwork.tapos ayan may kasambahay law naman.pinost ko na nga rin sa blog ko rants ko about diyan eh..tapos mamaya niyan ang mahire mo pa yung member ng syndicate or yung di ginagawa ng maayos yung trabaho niya..tsk tsk.

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  9. We may seem "agrabyado" by this law, but my stand will always be this: this is the last segment of our labor force to get any real protection from the law. Sure, it's inconvenient for us - getting them SSS, paying their SSS - but for us, it is that - merely inconvenience, additional costs. Getting those benefits is almost impossible for a lot of domestic helpers in the Philippines, unless we do it for them. My own yaya had to endure a lot of questions, a lot of condescending treatment when I asked her to go process her SSS ID in a provincial SSS branch; and this was before this law took effect.

    While there will always be of course those "evil" household helpers and horror stories, I still believe this law is a good step, not perfect but it is better than no protection at all, even though it may discourage employers from hiring household helpers. It empowers them, it makes certain benefits which we take for granted legally demandable on their part. It more clearly defines the employer-employee relationship - and makes the employee likewise more accountable to the employer in case of breach (remember this law encourages contracts). It may not be clearly stated in the law - but the employer is not entirely left without other legal remedies in case it is the household helper who commits some sort of breach.

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    1. Yes, I agree with you that this law empowers the household help. And like I told another commenter, employers can protect themselves with the contract. I also agree with you that it defines the employer-employee relationship. That part I'm happy about because it allows me to NOT treat my help like family. It's a business relationship and that is a relief.

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  10. I've blogged about this law when it was passed. I barely see how it protects employers like us who try to treat our helpers well.

    I've had really bad experiences with helpers, the last one was so traumatic, I did not get a helper for 3 years. And I really do wish I don't have to get one even with all the work I've been accepting.

    I now have a bigger need for a helper and I'm really afraid that I will get disappointed again. It's not that easy to pay all those out of your salary only for them to take it all for granted and walk out when they feel like it; or sometimes threaten you that they would when their demands are not met.

    Sure it's a law, but will they understand what's expected of them? We understand our roles and responsibilities and our duties. But do they?

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    1. That's it! People ask me why I'm against this law. I'm not actually because when I had a wonderful yaya for my firstborn, I moved heaven and earth to give her everything, even more than I give my own father and siblings! But with the other horrible yayas, hindi sila worth it. You give them benefits, they ask for more. They become abusive, complacent. They think that your kindness is weakness and stupidity. They take advantage of you.

      If all household help were like my first yaya, walang problema. Pero kung abusado, bakit mo sila bibigyan ng benepisyo? Parang dapat may trial period muna bago sila makakuha ng benefits.

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    2. The kasambahay becomes entitled to benefits after a month of service (Sec. 30). I suggest having a month-long trial period with your kasambahay, and if she passes your standards (or you pass her standards), then you can continue hiring her and start paying her benefits.

      I'm also looking for a yaya for my newborn son because I'm going back to work in about a month's time and it's so difficult thinking of leaving him with a total stranger. I'm thinking of leaving my son and the yaya in my mom's house while I'm at work so that someone will supervise the yaya.

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    3. My last yaya stole from us after one month with us. The other yaya also stole from us after 10 months. Sigh! But the law is the law and we must all obey it.

      Yes, don't leave him totally alone. Even with people I trust, gusto ko at least dalawa sila nagbabantay. Kasi paano kung maaksidente yung nag-aalaga, nag-faint, namatay, diba? Sino maiiwan kay baby??? And I think that's so nice of you to hire a yaya even if you're thinking that your mom can help. A lot of people leave their kids with their moms tapos walang yaya. Kawawa naman si lola, diba?

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    4. Exactly. My mom is semi-retired and has her own life, so it won't be fair to expect her to look after her apo full-time. Even if she says she doesn't mind, it will really cramp her style and get in the way of her yoga, lakwatsa with other retired friends etc.

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    5. Yes. That's very considerate of you. All lolas naman will say it's okay but there's a part of them that has always been looking forward to retirement, to be done with raising kids. I know this to be true. So many lolas tell me all the time! Even I'm looking forward to the day my sons leave the house!

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  11. Hi Mommy Frances!

    May take on the Kasambahay bill is pang mayaman. Although for me its beneficial naman talaga to have those social security benefits for them in the long run; it benefits us too in cases of emergency. Pero sana okay na sa akin ang employer-employee share even if hindi aabot sa 5k ang monthly salary. Hindi ko ma-afford ang mgpa sweldo ng 5k each for 2 househelpers ha just to have ER-EE sharing of premiums. Kasi I have 2 kids ages 8 months old and 2 years old that's why 2 helpers ko. And kelangan magbanat ng buto din ang beauty ko just to sustain for a month's expense. Hindi enough kung ang hubby ko lang ang working. So sana naisip nila yan. Ang sama pa nyan if we don't comply, san naman kami kukuha ng pang penalty? Ang hirap kung maging aware na din ang mga helpers nito. Maging ma presyo na yan sila... tsk4x..

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  12. I'd rather not hire helper anymore.. Paano naman ang iba na di ganun kalakihan ang sahod.. We treat oour kasambahay fairly.. to the fact mas madami pa siyang oras ng tulog sa amin! I worked 7am- 5pm, I will go home, cooked dinner while she watched the television Oh diba? after dinner manunuod pa siya ng TV ng dramas sa gabi.. Sana mag karron naman ng provision for the side of the employer.

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  13. The law is written because it is perceived (from the people who made this law) that employers abused/mistreated their helpers/kasambahays. The mistreatment is based on the reports and statistics from DOLE, DSWD, and other social institutions, police reports, and media (binugbog, nagahasa, emotional distress, very low to almost no pay, locked in rooms for weeks to months, umeskapo sa bahay ni madam).

    People have asked good questions like what if si yaya nagnakaw ng alahas after certain months, minamaltrato and baby namin pag wala ako sa bahay, and others.

    It will be interesting if the lawmakers themselves and other "high class" folks who have helpers will do these premium and benefit pays to them regularly. I doubt it - they will probably give their helpers some payment as gift or incentive rather than these folks go to SSS/Pag-ibig monthly.

    A good law with a purpose but not feasible/practical. In the long run, matuto na rin tayong maging independent.

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  14. Good day, ask ko lang what if paalis na yung helper namin kasi pinapauwi n ng father nya. Do I need to apply her to SSS?

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  15. Hi Frances! Congratulations on Pierro! He's sooo cute!

    I just found out today that family drivers are included in the SSS contributions. This infographic is actually from DOLE and different from SSS. The infographic is the IRR- Implementing Rules and Regulations (of DOLE). Therefore, we need to also pay for the SSS, Pag-ibig and PhiHealth of our family driver. Click on this SSS link: http://www.sss.gov.ph/sss/uploaded_images/circular/Cir2013_001.pdf

    I really do not understand why there are many "interpretations" of the law when government agencies should work together and implement the same rules as is and not contradicting. Nakakainis!!!

    Thanks for reading my comment, Frances! Take care!

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This is all pretty new to me so please feel free to share your mommy wisdom!