Join Me!

Thursday, August 29, 2013

RA 10361: The Domestic Worker (Kasambahay) Law

image courtesy of inquirer.net
Are you still confused about the famous Philippines' Kasambahay Law? This might not be the trending topic right now (can't beat Napoles' surrender)but allow me to share this law for reference purposes.

I am happy for all domestic workers that finally they can now enjoy what other employees have enjoyed (though not all). With the implementation of RA 10361, all 'kasambahay' can already avail the benefits that are due to them such as 13th month pay, SSS contributions as well as PAG-IBIG and PhilHealth. Also stipulated on the law on top of those payments, 'kasambahay's are also entitled  of daily and weekly rest period (a maximum of 10 hours per day) leave benefits and a monthly wage of not less than P1,500.00 depending on the location.

However, despite all those benefits provided for in the said law, there are still 'kasambahay' who are unlucky enough not to receive such benefits. Why? Because some employers can't afford to do so. I mean, there are employers who are just a minimum wage earner but somehow compelled to hire a 'kasambahay' because they have no other choice. On the other hand, 'kasambahay' are compelled to stay with their current "minimum wage earner" employer because they have nowhere to run to or perhaps both employer and the 'kasambahay' have an internal agreement going on prior to the implementation of RA 10361 (I am just guessing, though). 

Ironically, not all employers have an SSS, PAG-IBIG and PhilHealth benefits. Consider those self-employed employer. Most of them failed to contribute to the said social benefits for some reasons and it would be ironic that they will be obliged to contribute for someone when they don't have a contribution on their own. I can relate to that. As part-time Instructor, the University where I am currently teaching consider that "No employer-employee" relationship, thus they are not subsidizing for our social benefits premium payments. I used to contribute for SSS before when I am still working in a private companies but failed to continue. I also have PhilHealth and PAG-IBIG contributions but just like SSS, I failed to continue paying for them. However, after getting pregnant on my first baby, I reactivated my PhilHealth account but failed to reactivate my SSS that is why I never received any maternity benefits at all. Well, it's my fault. Premium payments for these social benefits will cost the employee more or less P600.00 a month (that's too much for a minimum wage earner like me). That is the very reason why my  husband and I agreed that he will stop working for the sake of our two babies because we cannot afford to pay a baby sitter with our minimum income(Well, I guess they are also a part of that Kasambahay Law). ^_^

Anyway, if you have more questions about Kasambahay Law, click here.