Friday, September 28, 2007
Bill - Hon. Paulina D. Jose
Youth Congress
Baguio City
Introduced by Paulina D. Jose
Explanatory Note
This bill aims to strengthen and raise the minimum working parameters and criterions of the Household Helpers in the Philippines and to protect their welfare as well as to restrict those minors to be employed as Household Helpers.
Domestic Helpers, as defined by the Labor Code of the Philippines, means a person who perform services in the employer’s home which is usually necessary or desirable for the maintenance and enjoyment thereof and includes ministering to the personal comfort and convenience of the members of the employer’s household, including services of family drivers. Household Helpers, otherwise termed as “kasambahays,” are truly considered to be the artisans of a family. Their duties not only lies in cleaning the house, washing the clothes and dishes, cooking food for their employer’s family, and doing all the household chores but also acts as “colleagues at home.”
Based on the 2006 report of the Population Commission, Domestic Work is one of the largest employment fields inside and outside the country. Millions of women and girls turn to Domestic Work as one of the few options available to them in order to provide for themselves and their families. In the January 2007 survey of the National Statistics Office (NSO), the household population employment rate of fifteen (15) years old and over reached to 92.2%. Since Household Helpers stay in the houses of their employers, they become extremely vulnerable to all forms of abuse from their employers and labor agents including physical, psychological, and sexual abuse; non-payment of wages; and excessively long working hours with no rest days. Aside from that, 33.3% of the victim household helpers are girls particularly with the age of fifteen (15) up to sixteen (17) years old.
For these reasons, it will be a privilege for us that we acknowledge their priceless efforts in contributing to our society by granting their fundamental rights and needs as well as protecting them from abusive employers, and limiting the growing number of minority age employed as household helpers.
As a motivation to integrity and loyalty of our “kasambahays,” approval of this bill is solemnly sought.
Paulina D. Jose
Youth Congress
Baguio City
Introduced by Paulina D. Jose
AN ACT
PRESCRIBING ORGANIZED POLICIES SHAPING THE HOUSEHOLD EMPLOYMENT INDUSTRY, BUILDING UP STANDARDS OF PROTECTION AND ENCOURAGING THEIR WELFARE AS WELL AS RESTRICTING EMPLOYMENT OF HOUSEHOLD MINORITY AGE, THEREBY AMENDING FOR THIS PURPOSE RELEVANT PROVISIONS OF THE LABOR CODE OF THE PHILIPPINES OR THE PRESIDENTIAL DECREE NO. 442 AND FOR OTHER PURPOSES
Be it enacted by the senate and the House of Representatives of the Philippines in Congress assembled:
ARTICLE I
TITLE, OBJECTIVE, POLICY, PRINCIPLES, AND DEFINITION OF TERMS
SECTION 1. Short Title. -This Act shall be known as the “Household Helper’s Law.”
SECTION 2. Objective. –This Act aims to increase the credibility, minimum wage and grant new social protection benefits to household helpers. It also seeks to eliminate child labor, forced labor, and trafficking as well as elimination of discrimination against women.
SECTION 3. Declaration of Policies. –It is the declared policy of the State to esteem every person’s dignity and promise full respect for Human Rights.
Appreciating all of Household Helper Industry’s excellence of virtuous labor as well as their greatness, the State shall nourish and defend the rights of the Household Helpers by guaranteeing that the effective working systems are established.
Acknowledging the necessity to guard Household Helpers against abusive employers and work activities that are dangerous to their physical, mental, and spiritual well-beings, the State shall furnish a harmless and hearty working conditions for them and provide them judicious economic, social, and legal advantages that shall justify their welfare and rights as well as to gain benefits that will secure their honorable existence and economic upliftment.
Recognizing the increasing number of minors employed as household helpers as well as their unlawful experiences, the State shall further establish a law restricting minors to be employed as household helpers and providing them special rights and privileges that would support, protect, and improve their education, self-esteem, and self-determination instead.
Recognizing also that the household helper industry is prevailingly composed of women, the State shall launch measures in carrying out policies, programs, and activities that are gender-sensitive.
Lastly, in relation with the on top declarations and in the essence of trust and mutual respect, the State, together with the duly-recognized non-government organizations, shall cooperate with each other to protect household helpers and promote their welfare.
SECTION 4. Definition of Terms. –For the purpose of this act, the term:
“Domestic Helper,” “Household Helper,” or “Housemaid” shall refer to any person who render domestic or household services, under a full-time basis for compensation, to an employer. This includes family drivers, maids, cooks, houseboys, babysitter, and nursemaids or yayas. The term “kasambahay” or “kasama sa bahay” shall be used instead of “katulong” to fairly express the value of the labor of household helpers.
“Household of Minority Age” or “Batang Kasambahay” shall refer to a child, seventeen (17) years of age and below, who is engaged as a household helper with or without contract of employment.
“Homeowner” or “Employer” shall refer to any person who employs the services of a house helper. The employer shall be the one recognized to be the head of the family or any member of the household designated by the head of the family or any member of the household designated by the head of the family to manage the general house keeping functions for the family.
“Household” shall refer to the instant members of the family and/or the occupants of the house that are directly provided services by the house helper.
“House of Work” shall refer to the period of time during which a household helper is required to be on duty or to be at a prescribed workplace and/or the period of time during which the house helper is permitted to work.
“Deployment Expenses” shall refer to the expenses that are used directly for the relocation or remove of the house helper from the place of origin to the place of work, but not limited to, the cost of transportation and finder’s fees or agency fees if the house helper comes from an employment agency. Advances or loans made by the household helper are not included in the definition of deployment expenses.
“Hazardous Work” shall refer to any performance or situation where the household helper is exposed to risks put his or her safety and health in danger such as, but not limited to:
Any work, duties or activity which brings physical, emotional, or sexual abuse to the household employer.
Any work in an unhealthy environment, which brings household helpers to hazardous substances, agents or processes or to temperatures, noise levels, or vibrations damaging to their health.
Any work which forces the household helper to render services for long periods of time or during late nights.
All forms of slavery or practices similar to slavery, such as the sale and trafficking of household helpers, forced or compulsory labor, debt bondage, and serfdom.
Any use, acquiring or inviting of the household helper for the commission or any offense or crime, particularly for the production and trafficking of prohibited drugs and substances as defined in Republic Act No. 9136.
Any other type of work or activity which is likely to endanger the health, safety or morals of the house helper; and
Any other type of work, activity, condition or undertaking that may here in after be defined as hazardous by the Department of Labor and Employment.
ARTICLE 2
TERMS AND CONDITIONS OF EMPLOYMENT
SECTION 1. Employment Contract. –An Employment Contract shall be made by and between the employer and household helper before the beginning of the service, in a dialect or language understandable to parties. It must be duly signed and notarized each party must have a copy of the said contract.
An Employment Contract shall contain the following agreements:
Period of employment not exceeding two (2) years
Monthly compensation and system of payment; allowable leave, rest days and holidays; working hours, rest periods and day-off’
Living quarters, food and medical provisions; duties and responsibilities;
Social Security System (SSS) and Philippine Health Insurance Corporation (PhilHealth) contributions; and
Annual Salary increases.
SECTION 2. MEDICAL CERTIFICATE AND NBI OR POLICE CLEARANCE AS PRE-REQUISITE FOR EMPLOYMENT. –A Medical Certificate for the confirmation if the household helper is physically and mentally fitted must be secured from a licensed physician as well as the NBI or Police Clearance shall be included as a pre-requisite for employment. For the purpose of equality, the cost of which shall be paid for both parties, half by employer and half by the household helper.
SECTION 3. Minimum Wage. –The minimum compensation of household helpers shall not be less than the following rates:
Three Thousand Pesos (P3, 000.00) a month for those employed in the National Capital Region;
Two Thousand Five Hundred Pesos (P2,500.00) a month for those employed in other chartered cities and first class municipalities; and
Two Thousand Pesos (P2, 000.00) a month for those employed in other municipalities.
The Regional Tripartite Wages and Productivity Boards (RTWPBs) may determine and adjust from time to time, the appropriate minimum wage rates of household helpers.
SECTION 4. Payment of Wages. –For the purpose of this Act,
Wages shall be paid in cash personally, at least once every two- (2) weeks or twice a month. No deductions from said wages should be made by the employer except those allowed by law and by the household helpers itself through a written consent.
All members are mandated at all times to provide their household helper a duplicate of their pay slip which shall contain the amount paid in cash by the employer to the household helper every pay day. As ordained under this Act, both parties must keep the copies of the pay slip for a period of three (3) years.
No employer are allowed to withhold in any amount from the wages of the household helper or stimulate him or her to give up any part of his or her wages by any other means whatsoever.
It shall be unlawful for an employer to require his or her household helper to make deposits from which deductions shall be made for the reimbursement of loss or damage to furnitures, tools, equipments, and other materials in the household.
All employers are mandated to pay the household helper their 13th month pay equivalent to one (1) month basic salary not later than December 24 of every year.
SECTION 5. Membership in the Social Security System (SSS). –All household helpers shall be covered by the Social Security System(SSS) and be entitled to all the benefits in accordance with the relevant provisions of Republic Act No. 1161, as amended.
The SSS shall accomplish an outreach program that will facilitate the remittances of SSS contributions of the household helper and employer through the most suitable means. This outreach shall be conceptualized and initiated within one (1) year from the date of effectivity of this Act.
SECTION 6. Membership in the Philippine Health Insurance Corporation (PhilHealth). –In accordance with its guidelines, all household helpers shall be covered by the Philippine Health Insurance Corporation (PhilHealth) and be entitled to all the benefits provided by law.
SECTION 7. Normal Hours of Work. –The normal hours of work of a household helper or kasambahay shall not exceed twelve (12) hours a day, exclusive of breaks of one (1) hour each for breakfast, lunch, and dinner. Any work done by the household helpers beyond the normal hours of work shall be duly compensated by the employer.
SECTION 8. Regular Working Days. –All household helpers shall render work for not more than six (6) consecutive days per week, however, the rest day for the household helper may be change depending on the employment contract agreed upon by both parties as well as the mutual agreement of the employer and the household helper as the emergencies of the household may dictate: provided, that the employer shall respect the desires of the household helper for his or her weekly rest day when said preference is based on religious grounds.
SECTION 9. Maternity and Paternity Leave Benefits. –All female household helpers shall, in addition to the leave granted them, be entitled to maternity leave in accordance with Section 14 –A of Republic Act No. 8282, otherwise known as the “Social Security Act of 1997”
A paternity leave of seven (7) days with pay shall be granted to all married male household helpers when their legitimate spouses deliver a child or suffer a miscarriage.
SECTION 10. Deployment Expenses. –The deployment expenses of household helpers which include transportation and agency fees, shall be shouldered by the employer.
SECTION 11. Termination of Service. –Except for just cause, neither the employer nor the household helper may end the contract before the expiration of the term if the period for household service is fixed. The household helper shall be paid the compensation already earned plus the equivalent of fifteen (15) days work by way of indemnity if the household if the household helper is unjustly dismissed, if the household helper leaves without excusable reason, he or she shall give up away unpaid salary due him or her exceeding the equivalent fifteen (15) days of work.
SECTION 12. Household Helpers Fund. –There should be funds for kasambahays to be executed and regulated by the Department of Labor and Employment (DOLE).
The funds for kasambahays shall be practice for the following purposes:
To provide scholarship and continuing training programs for the persistent education and self-improvement or self-development of all household helpers, particularly the women.
To provide people notices with regards to child domestic labor restriction and encourage employers as much as possible not to employ household helpers of minority age through seminars, and information programs.
To sponsor discussions, dialogues, conferences, forums, seminars, and other programs that will provide venues for testimony building and knowledge sharing amongst the public, academe, employers, government, domestic workers organization, NGOs, and International Organizations.
To sponsor Gender-Sensitive National Inquiry Programs on domestic labor, including Child Domestic Workers (CDWs).
To advance Information, Education and Communication (IEC) campaigns against hazardous and worst forms of child domestic labor.
To accustom the means of materials for national and international programs on the rights of household helpers.
To take suitable measures to develop the social status and integrity of all the household helpers in the Philippines.
SECTION 13. Household Helper’s Cooperative. –There shall be a cooperative exclusively for all the household helpers that will bring improvement not only to their financial but also to their social status in the society. Household Helpers shall be informed about the services that will cooperative lead them and encourage them to join into this cooperatives.
ARTICLE 3
RIGHTS AND PRIVILEGES OF HOUSEHOLD HELPERS
SECTION 1. Humane Treatment. –Household helpers shall be treated in a just and humane manner, verbal and physical abuse, imprisonment inside the home, forcibly making them renders services in other homes or any act which degrades their dignity is absolutely unacceptable.
SECTION 2. Extent of Duty. –The employer may ask the house helper to execute a labor beyond his or her household helper and payment of a fair compensation.
SECTION 3. Prevention on Labor-Subcontracting. –It shall be unlawful for an employer from sub-contracting the service of the household helper to any third party or household.
SECTION 4. Prohibition on Recruitment and Finder’s Fees. –The household helper shall not be charged and levied a share in the recruitment fees or finder’s fees by the said employment agency or third party whether he or she was source either through an employment agency or a third party.
SECTION 5. Fundamental Needs. –According to the capacity of the employers, household helpers shall be provided their fundamental necessities such as enough food, clean place to stay, and medical attention in case of sickness due to work.
SECTION 6. Guarantee of Household Helper Privacy. –The privacy of household helpers shall be respected at all times, especially during their rest periods. The household helper’s right to privacy shall extend to any and all forms of personal communications, including letters, telephone call, and text messages.
SECTION 7. Access to Outside Communication. –For the purpose of personal or family urgencies the employer shall allow the household helper privilege to outside communication, either through letters or telephone. Further, for the purpose of communicating with the household helper’s family at least once a week, the employer shall ensure the household helper access to the household’s private telephone: provided, that the cost of it if ever it is long distance or overseas telephone bills shall be for the account of household helper.
SECTION 8. Access to Lawful Third-Party Intervention. –Before employment, the employer shall provide the household helper with the names, addresses and telephone numbers of the following:
The Department of Labor and Employment (DOLE) and the regional offices of the DOLE having jurisdiction over the area of employment of the household helper.
Barangay office which has jurisdiction over the household, and
Duly registered non-governmental organizations accredited to meditate in employee-employer disputes involving household and their employers.
The means of communication in order to contact any of the top institutions shall be further guaranteed by the employer.
ARTICLE 4
RESTRICTION OF HOUSEHOLD HELPERS OF MINORITY AGE
SECTION 1. Limiting employment of Household Helpers of Minority Age. –The employment of household helpers of minority age shall be restricted so as to stop the increasing number of abuse minor household helpers and to provide them much better opportunities to use for their future.
SECTION 2. Stimulation of Minors to other Fields. –Minors who doesn’t have a choice but to be a house helpers must be provided a scholarship or special education programs involving different fields like entrepreneurial works so as to stimulate them to do business than to pursue domestic work.
SECTION 3. Notification for Employers. –All employers shall be notify with regards to the restriction of household helpers of minority age as well as its advantages for the minors.
With regards to other household helpers of minority age who are already employed before the approval of this Act shall be given special privileges and rights such as:
Prohibition on Night Work. –Household Helpers of minority age shall be prohibited to work between ten o’clock in the evening and six o’clock in the morning of the following day.
Prohibition on Work to be undertaken. –They shall be prohibited to do work beyond their capabilities from mental to physical.
Prohibition on Hazardous Work, Activities, Conditions, and/or Undertakings. –They shall be prohibited to take up any hazardous work, activity, or undertakings, and neither shall he or she be exposed to dangerous working conditions.
Normal Hours of Work. –Their normal hours of work shall not be more then ten (10) hours and not more than five (5) days per week. He or she shall be given a break for at least one (1) hour each for breakfast.
ARTICLE 5
KASAMBAHAY EDUCATION SPECIAL PROVISIONS
SECTION 1. Opportunity for Self-development. –All household helpers shall be allowed to pursue their education whenever they wanted to. The cost of such education shall be on the account of the household helper.
In instances that the household helper decides to pursue his or her education, the employer shall adjust the work schedule in accordance with the former class schedule.
SECTION 2. EmployerInitiatives for Skills Development. –The employer shall bear the cost and expenses of trainings of the household helper whenever they decided to improve the basic skills of the household helper.
ARTICLE 6
MISCELLANEOUS PROVISIONS
SECTION 1. Household Helper Day. –There should be a special non-working holiday with pay for house helpers, and shall be commemorated as such yearly. The date of signing into law of this Act by the president of the Republic of the Philippines shall be designated as the “Housemaid Day.”
SECTION 2. Emergency Services. –Within the period of one (1) year from the effectivity of this Act, a program designed particularly to provide emergency services to all house helpers in need of custody, shelter, or services like medical, legal, psychological, and rehabilitative, shall be made by the Department of Social Welfare and Development.
SECTION 3. Penal Provisions. –For the purpose of this Act, a fine of not less than fifteen thousand pesos (P15, 000.00), nor more than fifty thousand pesos (P50,000.00), or an imprisonment of not less than five (5) months nor more than five (5) years, or both such fine and imprisonment, depending on the judgement of the court, shall be given as a punishment to any person or employer who violated the provisions of this Act.
SECTION 4. Transitory Provisions. –All existing agreements between their employers and their household helpers shall adapt to the minimum standards set by this household helper’s law sixty (60) days after this activity: Provided, nevertheless, that no household helper already enjoying services and privileges above those agreed in this Act shall bear any lessening or substitution thereof.
SECTION 5. Implementing Rules and Regulations. –One (1) year from the effectivity of this Act, the Secretary of Labor and Employment and the Secretary of Social Welfare and Development, together with other concerned agencies, shall promulgate the necessary rules and regulations to effectively implement the same.
SECTION 6. Repealing Clause. –All decrees, executive orders, issuances, laws, rules and regulations to effectively implement the same.
SECTION 7. Effectivity Clause. –This Act shall take effect fifteen (15) days after its full publication in the official gazette or in two (2) newspapers of general circulation.
Approved,Labels: labor
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