Two weeks ago, I chanced upon a news article that reported the meeting of government agencies responsible for implementing R.A. 10361 (a.k.a. Batas Kasambahay) to thresh out the details of a Unified Registration System (URS) — including an interactive web-based facility for SSS, Pag-IBIG, and PhilHealth. Supposedly, this system will be rolled out before the end of the month. This is indeed welcome news for those who are determined to give this law a chance. It has, after all, been more than two months since R.A. 10361 took effect.
While it is fairly common for laws like this to have initial difficulties gaining traction; in this particular circumstance, the inertia may be partly caused by actual portions of the law itself.
To be sure, the intentions are noble: to rescue a marginalized and underprivileged class from oppression. Yet query as to whether protection from abuse is significantly increased by this law? It is strange that we even need to reiterate via statute that individuals in any occupation should never be abused. Such violations of an individual’s inalienable rights of dignity and security are illegal, whether this law exists or not. Nevertheless, the reality is that these abuses go largely unreported and unprosecuted. And therein lies the rub.
The state does not have eyes and ears in these private settings. As such, the onus of reporting abuses falls largely upon the abused themselves. The kasambahays themselves oftentimes decide to leave things unreported, usually for fear of losing their only source of income or because of a lack of knowledge regarding the nitty-gritty of litigation. This hesitation is exacerbated by poverty. The costs of pursuing a case, what with possible delays or dismissal, are usually too prohibitive for a low-income individual. Meanwhile, the abusers are able to act with impunity because of their awesome power as the dispenser of said income. The relative positions of these two actors are definitely disparate.
Batas Kasambahay recognizes this and attempts to tip the scales in favor of labor. And while none of these problems disappear entirely with the law, the availability and awareness of a legal system of protection should be able to yield at least a net positive in curbing abuse.
Awareness raising and information campaigns will be essential if this aspect of Batas Kasambahay is to stand a chance. NGOs have been undertaking a powerful supporting role on this and it remains to be seen if the momentum can be kept up.
The law also seeks to give kasambahays their state benefits; particularly SSS, Pag-IBIG and Philhealth. Ordinarily, the registration process for all three would require a substantial amount of time from the employer, which is why the roll-out of the URS would be welcome indeed. Although our bureaucracies are improving in efficiency, even a single day lost to queuing in lines and filling out forms is considerable for someone who also works full time. This is aggravated by the fact that kasambahays can sometimes have quick turnover in households. All in all, if things are too cumbersome, compliance will inevitably suffer. Inconsistent enforcement and implementation of laws (e.g., traffic rules) will weaken them, making individuals less incentivised to participate and embolden searches for loopholes to evade compliance.
DOLE and the local barangays, as executing bodies for complaints and for registration, both have a tall order in front of them if the law is to have any semblance of relevance. In many ways it is a task that demands too much. There is a need for innovative thinking, logistical efficiency and most importantly, strength of will.
Let me also point out that even with perfect implementation, this law may have some unintended negative consequences which our lawmakers and leaders ought to take into account. It is a truth largely acknowledged that a good number of Filipino families, not only those of the affluent class, employ kasambahays. The law’s demands on the employer are not only inconvenient, but for many families, entirely out of reach. The total minimum of P689 per month for benefits plus the added burden of 13th month pay per kasambahay stack up to a substantial amount of money that many households will feel incapable of providing. This brings about a problem where the employer will simply not comply with the law, or fewer households will hire domestic helpers in the first place.
The latter situation can further yield two scenarios. One could be a significant rise in unemployed prospective domestic helpers, too unskilled to find another job. The other in which the domestic helpers are forced to take jobs that don’t provide the same protections that they would have had if they were hired as kasambahays. The effect multiplies considering the importance of a kasambahay as a supplementary or even a primary breadwinner for a family. If the effects of the unemployment created by this law become too pernicious, perhaps it is for the best that we are unable to monitor it completely.
Almost 2.5 million people work as domestic helpers. If even one per cent of them lose their jobs because of this policy, it is large enough to demand reassessment.
It is noteworthy that the spirit of this law is not to give any specific benefit to the kasambahays. Embodied in the desire to provide education, fair treatment and protection from abuse is the driving aspiration to make their lives better. At the end of the day, this is the value all of us should seek to uphold.
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“No work is insignificant. All labor that uplifts humanity has dignity and importance and should be undertaken with painstaking excellence.â€
– Martin Luther King Jr.
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Email: deanbautista@yahoo.com