All employers of domestic workers, beware

Unless you want to be summoned by the Department of Labor and Employment and stand the possibility of being fined as much as P40,000, or worse, charged in court both criminally and civilly, everyone who has a maid, a gardener, a “yaya”, a laundrywoman and cook at home should better read Republic Act 10361 which was signed into law by President B. Aquino on  January 18, 2013. Well, of course, you all know by now, that there is such a KASAMBAHAY LAW, but do you know the details of your duties and responsibilities. As it is, my immediate conclusion is that the domestic workers in this country are now better protected than employees of big corporations. We are not saying that this is not good. What is bad is when employers are haled to courts for sheer ignorance of the law.

First of all, the employers of DWs (domestic workers) are explicitly prohibited from subjecting any of them to verbal or emotional abuse, physical violence or harassment that tend to degrade their dignity. Now, the ticklish issue is: Is scolding, berating or lecturing in a loud voice already a verbal abuse? The law does not say. Employers are also obliged to give them at least three adequate meals and at least 8 hours of complete rest every day, as well as humane sleeping arrangements that ensure safety and security. In case of illness, the employers must give them medical attention at no cost to the DWs. They must be given access to communication facilities, but their privacy must be respected both as to their private messages and personal effects.

The employers are mandated by law to afford their DWs the opportunity to finish basic education, and even, as far as practicable, higher education and technical and vocational training. They are obliged to adjust the work schedules of the DWs to allow such access to education or training without hampering the services in the household. They must also give their D's one rest day each week, and five days service incentive leaves a year. The reason why we say that the DWs are better protected by law than the company personnel is that under the Kasambahay Law, there is a required written contract between the DW and the employers. There is no such requirement in the Labor Code. Thus, there are many company employees who do not have any written contract whatsoever. The law even specifies what should be contained in the contract.

For instance, the contract between a DW and an employer should contain, among others, the duties and responsibilities, the hours of work, the agreed compensation, the rest days and allowable leaves, the authorized deductions, and other lawful conditions. The DOLE is, in fact, directed by law to formulate a model contract that shall be made available to the parties. The law prohibits employers from making their DWs work in any commercial, industrial or agricultural establishments. If they do that then the relationship is transformed into an employment covered by the Labor Code. The wages, benefits, hours of work and other terms and conditions of employment shall be higher. Of course, as Kasambahays, they must be registered with the SSS, Philhealth and PAG-IBIG. The DWs are also entitled to thirteenth month pay. Employers are also obliged to register all their DWs with the barangay.

The DWs can just walk out of their jobs if they are subjected to verbal or emotional abuse, inhuman treatment, including physical abuse, crime committed against them like physical injuries, seduction, grave threats, defamation, slander or unjust vexation. The local government unit and the DSWD can conduct a rescue operation right in your own household, whereby your maids shall be taken from you if there are indications of maltreatment and abuses. This will greatly embarrass employers in the eyes of the community. DWs can also resign if the employer commits a breach of contract, say, delay their salaries, or make unlawful deductions. The law prohibits employers from requiring them to make deposits for losses or damages.

Ignorance of all these, of course, would not excuse us from complying with the law. The DWs can go to the DOLE Regional Office or, with the assistance of the DSWD and the DILG, can initiate a criminal prosecution against the employers. There have been many families who were haled to court for various allegations of maltreatment and abuses. If you want to avoid all these troubles, you will be better advised to coordinate with your DOLE Regional Offices. Here in Cebu, we are calling on Director Gloria Tango to help employers by asking the DOLE staff to conduct information dissemination for the education of all employers in  homeowners' associations and barangays. It is better to be bothered by a one-hour learning sessions than be subpoenaed for violations of the Kasambahay Law.