President Benigno Aquino III was urged Thursday to certify the pending Kasambahay bill, providing for the labor rights and privileges of household helpers, as an urgent measure for the House of Representatives’ immediate action.
Rep. Emmeline Aglipay of Democratic Independent Workers Association (DIWA), author of House Bill 1815 or the proposed Magna Carta of Household Helpers, expressed hope that the government would take it as a responsibility to provide legal protection to household helpers. The bill sets terms and conditions of employment for household helpers, such as standard hours of work, rates of pay, benefits that should be accorded to every household helper and special provisions on their education. It also provides for the special rights and privileges of household helpers of minor age, and part-time or day-to-day household helpers. Aglipay lamented that in the past congresses, bills pushing for household helpers’ rights have been filed but ignored or not given priority. “I encourage the President, this present administration, and my colleagues in Congress to support this measure in order that the protection of the rights of our household helpers may finally come to life," Aglipay told reporters. She said rampant abuses against household helpers “may finally be at least regulated and eventually put to an end" when the bill is enacted into law.
“I hope that this matter will be taken seriously and it be considered urgent by our present administration, the president in particular, because most often than not those abused are household helpers who don’t belong to an organization," Aglipay said. Asked if she has talked with Speaker Feliciano Belmonte and other House leaders about the bill, Aglipay said she will do that once the chamber finishes with the deliberation on the proposed national budget. She said HB 1815 affirms the dignity and worth of every working man and woman. “It will, at last, clearly set forth the rights and interests of household helpers and bring this long-neglected sector within the full and formal protection of the State," Aglipay said in her explanatory note. Under the bill, a duly notarized and signed employment contract shall be executed by and between the employer and the helper before the start of the work, in a dialect or language understandable to both parties. The bill requires the employment contract to include the following:a period of employment not more than two years for initial service and renewable annually; monthly compensation and mode of payment; allowable leave, rest day and holidays; working hours, rest periods and day off; living quarters and food and medical provisions; duties and responsibilities; Social Security System and PhilHealth contributions; and annual salary increases.
Any stipulation that the service of a helper is without compensation should be considered void. The bill proposes that the minimum salary of household helpers be not lower than P3,500 a month in Metro Manila; P3,000 in chartered cities and first-class municipalities; and P2,000 in other municipalities. Such salaries should be in addition to the helper’s lodging, food and medical attendance. All household helpers should also be entitled to 13th-month pay, equivalent to a month’s basic salary. The helpers should also be covered by SSS and PhilHealth. The bill states that the normal hours of work for a kasambahay (househelp) shall not exceed 10 hours a day, exclusive of a one hour break each breakfast, lunch and dinner. All work done beyond the normal hours shall be duly compensated. Household helpers will also be allowed eight hours of continuous rest per day. Helpers who have rendered one year of service will be entitled to an annual 14 days vacation leave with pay. They will also be granted maternity and paternity leave. Employers should also allow helpers aged 18 and above to pursue their education. The cost of the education shall be shouldered by the helper. Violators of the provisions will be liable for damages, from P5,000 to P20,000, apart from other possible penal or civil liabilities under the Revised Penal Code.—JV
