Employers urged to abide by Kasambahay Law

Employers who do not provide right wages and fulfill their obligations to their house helpers now face penalties.

The Kasambahay Law, which aims to ensure better working conditions for the two million household service workers nationwide, took effect yesterday.

The Department of Labor and Employment (DOLE) directed employers nationwide to abide by the measure.

The Kasambahay Law has set the minimum wage of house helpers employed in Metro Manila at P2,500 a month, those in cities and first class municipalities at P2,000 and those in other municipalities at P1,500.

Labor Secretary Rosalinda Baldoz said that with the full implementation of the Kasambahay Law, employment of household service workers shall now be covered by an employment contract that shall conform with the model contact issued by DOLE.

A house helper who has rendered at least one month of service shall also be covered by the Social Security System (SSS), Employees Compensation Commission, PhilHealth and Pag-IBIG Fund.

The Pag-IBIG Fund has conducted marathon meetings with PhilHealth and SSS to come up with a harmonized registration of house helpers, Pag-IBIG chief executive officer and president Marie Darlene Berberabe said.

Berberabe said Vice President Jejomar Binay, chairman of the board of the Pag-IBIG Fund, directed the agency to explore proactive approach in the registration of workers.

She said that Pag-IBIG is meeting with officials of homeowners associations nationwide regarding the setting up of registration kiosks in malls on weekends.

Pag-IBIG, PhilHealth and SSS are also planning to come up with only one registration form for house helpers. At present, the three agencies require applicants to fill out different forms.

“The harmonization of the process for the registration of the kasambahay entails harmonization of documentary requirements, collection procedure and possibly IT systems,” Berberabe said.

“The Pag-IBIG, PhilHealth and SSS also need to create a new payment scheme so it will be more convenient for helpers to pay their monthly contributions,” she added.

The Kasambahay Law also requires employers to register the workers in the barangay. The barangay head shall be responsible for the registry of workers within their jurisdiction and submit the list to the local government unit.

Those found violating the new law shall be fined not less than P10,000 but not more than P40,000.

Baldoz also ordered agencies under DOLE to comply with the implementing rules and regulations (IRR) and other provisions of the law.

She tasked all DOLE regional offices to designate kasambahay desk officers who shall conciliate complaints filed by house helpers and coordinate the law’s full implementation.

The National Conciliation and Mediation Board, meanwhile, was directed to facilitate training for kasambahay desk offices in conciliating complaints.

Baldoz also ordered the regional offices to provide copies of kasambahay forms and attachments to barangays in their areas of jurisdiction.

The Bureau of Workers and Special Concerns (BWSC) shall serve as program manager that will ensure effective implementation of the IRR.

“The BWSC shall submit quarterly reports on the progress of the implementation of the new law,” Baldoz said.

The Bureau of Working Conditions and the regional offices shall ensure compliance with labor standards provisions of the Kasambahay Law.

The Bureau of Local Employment, on the other hand, shall clarify the applicability of private recruitment placement agencies and the new law that provides for the system of licensing and regulations of private employment agencies. The bureau shall also conduct consultations with recruitment agencies to iron out issues concerning the implementation of the IRR.