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[chester]

na i-pass na ang kasambahay bill.
most of us here may HH, what can you sa or your side about this kasambahay bill? 

[xianne]

hi guys, question lang po..

stated kasi sa law na near manila cities ang minimum wage ng yaya is 2,000 plus huhulugan yung sss&philhealth..

what if 3,000 yung sahod ng yaya ko? do i have to decrease her rate?

or puwede namang 3,000 tapos maghuhulog nalang ako ng sss at philhealth niya?


hmm..
pa discuss naman po nung buong policy nung law..
ty guys

[dhates]

sis if stated dun na 2k a month minimum, i think it only means na di pwedeng bumaba sa 2k pero pwede mas mataas. like sa mga employee din may minimum wage na around 400 (sorry di ako updated sa latest) pero diba sumesweldo naman tayo ng above dun. sorry sis ha pero di ako magaling mag explain and di ko pa nababasa yung bill na yan, but still if it say minimum 2k then that means yun yung lowest amount na dapat mong ipasahod kung gusto mo taasan nasa sayo na yun wala naman sila nilagay ata na maximum amount.
kasama na pala na obligado ka magbayad ng sss and philhealth if mabigat na sayo yun sis you can talk to her and sabihin mo na dun sa 3k mo kukunin yung ihuhulog, anyway ang sss and philhealth contribution share naman talaga ang employer and employee, so yung half pwede mo talaga ibawas sa kanya make sure na lang na updated ka sa pag remit.

[rozzy]

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[sweet&spice]

I've been looking for the 'real' versions of the law, but I couldn't find it yet. Before we get panicky about its provisions (because of penalty provisions for the employers and additional benefits for the yayas), we still need to get a hold of the actual law that Pres. Noy signed. I couldn't find the bicameral version of the bill either. In any case, the government has still 90 days to write the implementing rules in accordance with the actual law that PNoy signed.

Based on google search, here are the two un-reconciled versions pa of the bill:
Senate -- http://article8jester.blog.com/2012/11/25/kasambahay-bill-senate-version/
House of Representatives -- http://www.congress.gov.ph/download/basic_15/HB01140.pdf

From the Senate version, here are some highlights:
1. Non-dimunition of benefits --- It means that if the yaya is enjoying higher benefits before the law came to be, you cannot reduce/diminish the existing rights to make it lower. Example: If the yaya is receiving P3K already, the SSS contributions etc, would be on top of the existing P3k. You cannot make her salary lower by making it P2K or P2.5K.  By law, that is the meaning of non-dimunition of benefits.   

On the other hand, if you have multiple yayas, an old one and just a newly hired one, the newly hired one, you could give the minimum as mandated by law (P2k-2.5k), but the old yaya, receiving minimum (P2k-2.5k) cannot demand a higher wage on account na mas matagal na sya.

2.  Written Contract -- The written contract's length is upto 2 years, with provision for annual increases. There is no minimum amount of increase mandated by the government, so the employer has a free hand to state how much, but yearly, there should be an improvement of her benefits.

In the contract, it should be specified that working hours (no provision as to the length of working hours), the work details, the schedule of day-off and rest days (there is no provision how many in a month/year);

3. Membership to the PHIC, SSS and Pag-ibig -- all borne by the employer, on top of the sweldo of the yaya. Yaya's sweldo should not be deducted for the contribution.

4. No bonded labor.  The employer cannot refuse to let go off the yaya, or obligate her to stay just so she could pay off her advances (like transpo costs etc.).

5. No deductions on her salary --- in the event of damage, loss etc. of the property of the employer.

I still have yet to read the Congress' version of their Kasambahay Bill entitled the Magna Carta for Household Helpers.  I will post when I've reviewed it na.

This is not a final review, pending the actual provisions of the actual law that PNoy signed, and the implementing rules that they will craft later on. 

[mommy chen]

subscribing sis..sine-search ko din yung bill pero wala pa nga sa net..

[sweet&spice]

nakakainis nga sis...i'm reading the house version ---- too many rights, na kawawa naman yung working parents and solo parents like me.

not final pa, but among those that i find too much are these:

1. NOTICE TO RESIGN.  the yaya can leave with just 5 days notice, and could leave just on account of being 'insulted/offended' in character. even in private firms, di naman kasama sa grounds to resign...and if that is the ground the employer should compensate the employee. pano kung kasalanan naman ng yaya?

2. ILLEGAL DISMISSAL. the employer could be hauled to the DOLE for illegal dismissal. ano to, security of tenure? di pwedeng basta-basta eh, mag-terminate ng yaya? the grounds for justified dismissal of the yaya, are the same in the labor code.

3. PENALTY. imprisonment and fine of P10k-40k.

4. REST DAY AND REST PERIOD.  The rest period should be at least 8 hours.  Does this include the 'breaks' that they have throughout the day?  There should be one 24 consecutive hour rest day, every after 6 days, so in a month, they are entitled to 4 rest days. Therefore, there is but, 26 days of work per month. The parents are therefore, obligated, to care for their kids and homes, one day in their weekend schedule. On a Sunday or Saturday, therefore, the employer has only one rest day, because the other day, si yaya, off. 

In the senate version, there is only 5 days paid vacation leaves. In the Congress, there are 4days x 12 months = 48 days na restday....that is almost 2 months worth of sweldo.

5. PERFORMANCE OF DUTY only on the household workplace.  Does this mean that should you stay in your parent's house on the weekend, you cannot compel your yayas, to do simple chores in the house, since you are there? What if its out of town, you cannot compel service from them? In the labor code, they are classified as 'people in the personal service of another' ---- regardless where the place of work is, as long as their employers are there, they are employed for their personal convenience, not the other way around.

6. RIGHT TO ORGANIZE/EDUCATION/WORSHIP -- The law is unclear whether the right to attend mass, is deductible from the 24 hour restday.  Is the right to education also deductible to her restday?

7. MATERNITY/PATERNITY LEAVE -- I have nothing wrong about a parent trying to work while she is pregnant, however, among the rights of the kasambahay is that she is not exposed to any hazardous workplace. What if on account of her pregnancy, her competence and use, is lessened? Pregnancy is not among the grounds to terminate employment. Do we then, make them resign? But that in effect, is illegal termination.

Would her delivery, and check up be among her rights to MEDICAL ATTENDANCE?

All other provisions are similar to the Senate version, as regards non-dimunition and slight difference in wage rates (P3k, 2k, 1k), non-withholding of wages, no deposit etc.

[mommylovepink]

pa join

question po maid-caretaker pareho lang ba?--we refer to her as caretaker kasi my apartment units kami
and were staying in one of the unit din condo type lang so maliit lang and all she does naman is mag collect ng
rental fee and mag walis sa paligid and the rest is the usual household chores na luto, washing,linis bahay

10k pasahod namin, and sya na nagbabayad ng sss and philhealth contribution niya...eh one time nga nakasira gamit worth30k di na namin kinaltas bilang maawain kami

unfair yamg kasi bill na yan..esp dun sa part na hindi ikakaltas ano man masirang gamit...eh di wala na lang pakialam mag care yung mga maids diba? sige pasabugin ang rice cooker i sabotahe ang computer diba

haiz....

[sweet&spice]

as regards damage to property ---sabi ba naman ni sen. jinggoy, wala naman daw namasukan na yaya na ang purpose eh, manira ng gamit. pano yung un-authorized use of your properties, like computer (kaka-facebook at internet), or yung the usual repeated instructions on how to properly care for your appliances, tapos, nasira pa rin niya? wala din?

i remember when yaya, used to spoil the vegetables in the ref, kasi di niluluto, laging meat (mas gusto kasi manok/baboy ang lutuin), ayun, sabi ko, next time na makasira pa sya (on the 6th consecutive time na ata), sabi ko, ibabawas ko na sa sweldo niya....ayun! saka lang nagtanda.

re caretaker: parang pasok sya dun sis, kasi she does household chores, or baka dahil commercial yung nature of work niya, dahil apartment units sya, she must conform to the usual minimum wage for the private sector. magulo pa.

[mommylovepink]

oo nga sis ang gulo
 paano yung maids na hindi nga intensyon manira pero dahil minsan slow sila...nasira? di nag tanong
haiz sakit talaga ng ulo ko dito di nga ako makatulog...tapos yung compensation pa na 13thmonth etc..pano yung di afford? tulad namin 10k na nga tapos may 13th month pa wahhhhh

[GL and KL]

sana na consider naman, ang daming namamasukan na gumagawa lang ng masama...

[didi]

Here's the link to the official bill that was signed by Pnoy:
http://www.gov.ph/2013/01/18/republic-act-no-10361/

I heard on the radio na you can terminate yayas/maids if they can't perform their duties well.  Grounds daw yun for termination.

Here's the actual bill that you can download:
http://www.gov.ph/downloads/2013/01jan/20130118-RA-10361-BSA.pdf

[Nanay ni Liam]

Super thanks sis Didi! Naghahanap talaga ako neto kasi we're planning to get a maid after I give birth. Someone who will do household chores kasi gusto namin ni hubby hands-on ako kay baby. This really helps a lot. May rereviewhin kami ni hubby mamyang gabi. Hehe! Thanks uli!

[didi]

^Welcome!

You can read up on that and then wait for the IRR din.

Sana nga may tagalog version nung IRR eh, so I can just hand it to the HH diba?

[Nanay ni Liam]

Dilemma ko lang, since nasa province kami, if may papayag na maid sa contract contract nq ganito? Hehe!
Oh well, it will benefit her din naman if may ganyan. Makukuha naman siguro sa explanation. Hehe!