Understanding the Kasambahay Bill

With the recent news on the abuses inflicted on house maid Bonita Baran, the Congress' Kasambahay Bill, when passed, will be an answered prayer to helpers everywhere in the Philippines, especially those who have been subject to abuse and maltreatment by their employers.  Deemed as the "Magna Carta for the Kasambahay", the bill seeks to protect the rights of helpers by improving their benefits and compensation and providing a grievance procedure for the protection of their rights.

Coverage

Authored by Congressman Diosdado Macapagal Arroyo and former president-turned Congresswoman Gloria Macapagal Arroyo, the bill includes helpers who render household and domestic services to a homeowner or employer on a full-time basis for compensation, either on a live in or stay out arrangement.   The term "kasambahay" extends to cooks, houseboys, and family drivers who render domestic services to a family or homeowner.

Scope of the Bill

The rights stipulate already the basics that any person would expect:  the right to humane and decent living and working conditions, humane treatment, and other social conditions.  In addition to SSS coverage, house helpers will also be covered by PhilHealth.

Minimum wage rates

In a bid to put a stop to employers paying unreasonably low wages, the bill has pegged a minimum wage rate for domestics working within NCR, chartered citities and municipalities (P3000, P2,000 and P1,000, respectively), subject to appropriate adjustments by the Regional Tripartite Wages and Productivity Boards.

Labor Standards

The bill also requires all domestic help to be covered by a writtern contract which shall stipulate the period of employment (not more than 2 years), monthly compensation and mode or payment, annual salary increase, work house and day-off schedule and living quarters. Kasambahays are also entitled to a minimum of at least 5 days paid vacation leaves.

On the part of prospective house helpers, they are required to submit the following requisites before employment, such as medical clearance, NBI and barangay clearances and NSO-authenticated birth certificate.

The bill also provides grounds and a procedure for the termination of services and grievance.

The Kasambahay Bill:  Easier Said?

If passed into law, the bill will be the best thing that will ever happen to our house helpers, except the part requiring them to submit documents prior to employment.

On the employer side, this will keep abusive employers at bay.  While some homeowners will probably think the minimum wage rates may somewhat be stiffling to the middle class, I personally think that the wage rate is reasonable considering the improving economics in the country.  I know some of you will argue with this.  Nevertheless, you can just read the favorable reviews we've been hearing in the news and you'll understand why.    
Realistically speaking, the bill seeks to empower the kasambahay - but only if they are aware of it.  More often than not, most kasambahays who come from impoverished homes bite the bullet and accept low wages anyway in the hope of sending money back to their families.  Some do not have access to information and are not aware of their rights.  Because of this ignorance, they are likely targets of abuse.

More than just putting the bill in place, there is a need to disseminate and inform kasambahays of their rights.  Otherwise, it will just be another law down the drain.  Now, whose benefit was it really for in the first place?