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Author Topic: Kasambahay Bill  (Read 150979 times)

aquacharly

  • Guest
Re: Kasambahay Bill
« Reply #300 on: February 02, 2013, 12:08:34 pm »
May I clarify something?
All of us treat  our helpers fairly, and try to give them a reasonably good life living in our homes. ---WHATEVER the sweldo, IMO, that is true for most of us.  Otherwise, linayasan na tayo.

I know I pay my help higher than  going wage averages. 
Not to keep  them from leaving me, coz they are treated well and fairly, with respect due every human being.
But because I pay for years of experience and proven skills.  May premium ang ganon, just like office work levels di ba.
I pay more kasi may quirks kami beyond the usual genre of quirks. Like, ang hubby ko -- he likes to order his food from a list of our house foodstuff 15minutes before he eats.
If I had the patience and time to train, and a hubby with no demanding quirk.  -  I don't need to pay more.

Yes, I admit -- I pay more too coz I do not fraternize with my help halos -- -  I don't have time to even scratch my. Well well well, head. Lolz. So, though I love my old yaya and our majordoma like my own family & interact with them accordingly  (they are still with my mom both, pinapagalitan pa ko at times! Ganon sila ka "familiar") -- I cannot do that with my own help..too busy, no time.. My household must be regimented or we all fall down.

So CHERRYS, it is a give and take, whatever the pay grade.   
I see those who do not pay wages as much as I do, or have less helpers than I do -- as being more organized, having more time.   As being better with human relations than I am, for the lack of time & energy, not for the lack of empathy.  Mas magaling sila or have more time to motivate & train their  helper to be a working part of their household.  So, no need to pay higher for skills already in place. 

The fear of losing a high wage employment, as motivation for rendering good service, IMO -- is the most babaw basis for a relationship between amo & helper. That is how I operate my staff now -- coz I have time and energy constraints.  Kelangan ko unahin ang mga negosyo before pandering to human interaction needs. I am constrained now, and I am not happy about it coz I know human interaction is much much much more than bayaran.  1 day, I will be able to go beyond the fear motivation.

So, regardless of how much you pay them, or how many co-helpers they have -- pag hindi work habol ng helper -- goodbye.  Pag kawalanghiyan on the mind of the helper -- disaster, que outside or in Forbes Park ka.  Pag distracted due to texting/BFs/family problems -- same same bad service whether in or out of Forbes Park. (IMO lang, I do not live in Forbes.)

So, this new law is problematic for us ALL who compensate our helpers fairly (which is not just the sweldo).  Mabuti pa, IMO, ginawa nila higher penalties & longer jail terms for amos who physically abuse their help, withhold salaries, or overcollect for damages.  Hwag na sana pinakikialaman ang operating relationships. Anyway, the Supply & Demand Law is already working here.

periwinkle_room

  • Guest
Re: Kasambahay Bill
« Reply #301 on: February 02, 2013, 05:55:13 pm »
@aquacharly, but what about the union union thing?  sabi sa news, 'mga kasambahay.. hinihikayat sumali sa unyon!'

great. sakit na nga ng ulo sa office, sakit pa ng ulo sa bahay.

i don't want to go home one day and see placards awaiting me.

and also, regular na sila after a month of service. mas masahol pa sa office staff ah. diba sa office 6 months before regular?  bakit sa kanila 1 month?  eh madali lang naman maging mabait for a month, then magwala na upon regularization.

this is the reason why i will not vote for those who drafted this bill in the first place.  hate their faces when they show up on tv. but hey, what do they care. that's about 2M votes easily for them.

csiako

  • Guest
Re: Kasambahay Bill
« Reply #302 on: February 02, 2013, 06:31:29 pm »
i think this bill is good, it is not perfect but its a step in the right direction.
This bill will not only protect the kasambahay but the amo's too.

cherrhys

  • Guest
Re: Kasambahay Bill
« Reply #303 on: February 02, 2013, 09:07:32 pm »
^Ha? Protect the employers?  How?

Princess_Chill

  • Guest
Re: Kasambahay Bill
« Reply #304 on: February 02, 2013, 11:32:48 pm »
well i have bad experiences with HH so im not impressed with this kasambahay bill..


csiako

  • Guest
Re: Kasambahay Bill
« Reply #305 on: February 03, 2013, 03:29:40 am »
^Ha? Protect the employers?  How?
a lot of ways...
1. by having standard requirements in hiring kasambahay
(a) Medical certificate or a health certificate issued by a local government health officer;
(b) Barangay and police clearance;
(c) National Bureau of Investigation (NBI) clearance; and
(d) Duly authenticated birth certificate or if not available, any other document showing the age of the domestic worker such as voter’s identification card, baptismal record or passport.
This will help minimize fraud and malicious individual from being able to apply for kasambahay.

2. By requiring an employment contract, the kasambahay is required to fullfill his/her obligation in the contract, otherwise she/he would be in breach of said contract.
a. you can set the period of employment (my suggestion one year at a time) this would help prevent
early leaving or paglalayas.
b. you can put a lot more in the contract to protect you as the employer.

3. The employer may recover from the domestic worker costs incurred related to the deployment expenses, if any: Provided, That the service has been terminated within six (6) months from the domestic worker’s employment.


aquacharly

  • Guest
Re: Kasambahay Bill
« Reply #306 on: February 03, 2013, 11:23:48 am »
@aquacharly, but what about the union union thing?  sabi sa news, 'mga kasambahay.. hinihikayat sumali sa unyon!'

and also, regular na sila after a month of service. mas masahol pa sa office staff ah. diba sa office 6 months before regular?  bakit sa kanila 1 month?  eh madali lang naman maging mabait for a month, then magwala na upon regularization.

this is the reason why i will not vote for those who drafted this bill in the first place.

Union?!  Aba!  1mo probationary tapos labas horns?! 
Money I slave for to pay their sweldo?! My food?! My house?!  Hmmm, have I effing lost my mind?!!!!!
Ah wala, wala WALA AKONG kasambahay. 
No contract now means less grief,  for me, less exploitation of me in the future.
WALA AKONG kasambahay at all.  I have over-staying visitors/free boarders or kamag anak daw sya sabi nya ng MIL ng pinsan ng bayaw ng SIL ng 4th cousin ko.   

Darling, we will NOT VOTE for the same people. 

i think this bill is good, it is not perfect but its a step in the right direction.
This bill will not only protect the kasambahay but the amo's too.

I will appreciate your educating me as to what protection or  benefit balance I derive as an amo. TIA.


^Ha? Protect the employers?  How?

I ask the same question as CHERRHYS with more ??!!!!!!!!     

well i have bad experiences with HH so im not impressed with this kasambahay bill..

I am not impressed, period.  I am appalled. 

chicafabulosa

  • Guest
Re: Kasambahay Bill
« Reply #307 on: February 03, 2013, 11:37:57 am »
i think this bill is good, it is not perfect but its a step in the right direction.
This bill will not only protect the kasambahay but the amo's too.

No offense meant ha, but I don't see any protection to amos here... Kindly educate me..

Sis Aquacharly, yeah youre right. I was planning to get a driver pa naman but with this law, ill drive my son to school na lang. I dont want to get a stone to hit my own head.

Princess_Chill

  • Guest
Re: Kasambahay Bill
« Reply #308 on: February 03, 2013, 08:16:40 pm »
Wala pa nga kasambahay bill malalaki na ulo mga HH what more pa with this?! Saka kmu encouraging kasambahay to join them?! Edi lalu tumigas mga bungo niyan!

Makakuha lang talaga ng boto lahat gagawin nga naman!

poisonous_ivie

  • Guest
Re: Kasambahay Bill
« Reply #309 on: February 04, 2013, 01:48:29 am »
princess_chill: hanggang eleksyon lang yang plastikan nila pero pagnanalo na sila lumilipad na yung mga pinagsasabi nila. Only In The Philippines!!!



                 

guilleanne

  • Guest
Re: Kasambahay Bill
« Reply #310 on: February 04, 2013, 07:17:08 am »
naku pag nakatagpo kayo ng maid na huthutera. yung dati kong maid nagkwento pa siya na yung dati daw nyang amo dinemanda nila sa dswd, marami siyang reklamo sa amo nya pero ang kinaso nila child labor daw kasi 14 pa lang siya nun. tanong ko sa kanya kung sino ba ang nagpasok sa kanyang katulong, sagot nanay nya. tapos yung amo pa idedemanda.

i like the idea of extend borders ha. mas safe na nga pag walang contract of employment. e mas masarap pa buhay nila kesa sa janitor, kitchen crew at laborer, contractual lang, sila after 1 month regular na. jokester talaga mambabatas natin

Purple_Power

  • Guest
Re: Kasambahay Bill
« Reply #311 on: February 04, 2013, 08:36:58 am »
^Agree ang sarap ng buhay ng mga yan dahil pwede silang magsiesta eh mga janitor, kitchen crew at iba? Long hours of work pa mga yan.

chicafabulosa

  • Guest
Re: Kasambahay Bill
« Reply #312 on: February 04, 2013, 08:39:25 am »
Yeah kaya id rather do things on my own. Kesa sumakit ulo ko pa

poisonous_ivie

  • Guest
Re: Kasambahay Bill
« Reply #313 on: February 04, 2013, 01:24:09 pm »
Yup tama.naranasan ko yan pag sa kusina bawal kami umupo tuwing break time lang kami pwede umupo bawal din sa amin magcellphone.sila kahit buong hapon matulog ok lang wala na sila gagawin sa gabi na ulit yung trabaho nila minsan pa nga wala na sila ginagawa sa gabi pagwala kami sa bahay.

ceejhei

  • Guest
Re: Kasambahay Bill
« Reply #314 on: February 04, 2013, 02:49:11 pm »
i think this bill is good, it is not perfect but its a step in the right direction.
This bill will not only protect the kasambahay but the amo's too.

^please educate me also. i want and i need to know. kahit saang angle tignan eh pro HH ito talaga, unfair talaga. pero since batas na to wala tayong magagawa. my new HH help is asking for her sss. how do i go about this? how much do i have to pay each month? sabi ko, sakanya, go get your sss number and i'll inquire how does it work. sabi niya, nawala daw niya ang number, well, its not my problem anymore, its her problem anymore. hahaha

csiako

  • Guest
Re: Kasambahay Bill
« Reply #315 on: February 04, 2013, 04:16:47 pm »
^please educate me also. i want and i need to know. kahit saang angle tignan eh pro HH ito talaga, unfair talaga. pero since batas na to wala tayong magagawa. my new HH help is asking for her sss. how do i go about this? how much do i have to pay each month? sabi ko, sakanya, go get your sss number and i'll inquire how does it work. sabi niya, nawala daw niya ang number, well, its not my problem anymore, its her problem anymore. hahaha

ok ill repeat it again,

1. With the new kasambahay law, you can ask for the kasambahay 's

(a) Medical certificate or a health certificate issued by a local government health officer;

(b) Barangay and police clearance;

(c) National Bureau of Investigation (NBI) clearance; and

(d) Duly authenticated birth certificate or if not available, any other document showing the age of the domestic worker such as voter’s identification card, baptismal record or passport.
 
this will give you peace of mind na walang sakit at hindi kriminal and kasambahay mo, pag gumawa siya sa iyo ng masama, madaling habulin dahil nasa iyo ang record niya. at once na ma-ireport mo siya, makikita na ang complain mo sa nbi and police clearance, so mahihirapan siyang mag-apply ng trabaho

2.  SEC. 17. Employer’s Reportorial Duties. – The employers shall register all domestic workers under their employment in the Registry of Domestic Workers in the barangay where the employer’s residence is located. The Department of the Interior and Local Government (DILG) shall, in coordination with the DOLE, formulate a registration system for this purpose.

pag nakagawa sa iyo ng hindi mabuti dahil nakarehistro ang kasambahay mo sa DILG, mas madaling matunton ang kasambahay kung kailangan mong kontakin or hanapin.

3. SEC. 8. Access to Outside Communication. – The employer shall grant the domestic worker access to outside communication during free time: Provided, That in case of emergency, access to communication shall be granted even during work time. Should the domestic worker make use of the employer’s telephone or other communication facilities, the costs shall be borne by the domestic worker, unless such charges are waived by the employer.

which means kung gusto mong ipagbawal ang cellphone habang nagtratrabaho ang kasambahay mo puwede, maliban na lang kung emergency. ilagay mo ang ang mga kundisyon sa pagamit ng cellphone sa kontrata mo ng kasambahay

4. SEC. 10. Prohibition Against Privileged Information. – All communication and information pertaining to the employer or members of the household shall be treated as privileged and confidential, and shall not be publicly disclosed by the domestic worker during and after employment. Such privileged information shall be inadmissible in evidence except when the suit involves the employer or any member of the household in a crime against persons, property, personal liberty and security, and chastity.

This is a big one, hindi puwedeng siraan ka ng kasambahay or itsimis ka sa kapitbahay, pag napatunayan mong ginawa niya ito, puwede siyang magmulta ng 10k-40k.

5. SEC. 11. Employment Contract. – An employment contract shall be executed by and between the domestic worker and the employer before the commencement of the service in a language or dialect understood by both the domestic worker and the employer. The domestic worker shall be provided a copy of the duly signed employment contract which must include the following:

ikaw ang gagawa ng kontrata ilagay mo dito ang mga proteksiyon na kailangan mo, base sa mg experience mo sa mga kasambahay. suggestion ko ipa-legal review mo ang kontrata bago mo ipa-sign para siguradong sumusunod ito sa batas at legally binding ito.

6.  SEC. 32. Termination of Service. – Neither the domestic worker nor the employer may terminate the contract before the expiration of the term except for grounds provided for in Sections 33 and 34 of this Act. If the domestic worker is unjustly dismissed, the domestic worker shall be paid the compensation already earned plus the equivalent of fifteen (15) days work by way of indemnity. If the domestic worker leaves without justifiable reason, any unpaid salary due not exceeding the equivalent fifteen (15) days work shall be forfeited. In addition, the employer may recover from the domestic worker costs incurred related to the deployment expenses, if any: Provided, That the service has been terminated within six (6) months from the domestic worker’s employment

kung ikaw ang nagpamasahe sa kasambahay mo mula sa probinsiya at umalis siya within 6 months, puwede mong bawiin ang nagastos mo sa pamasahe.

7. at marami pang iba :)

for more information please read
http://www.gov.ph/2013/01/18/republic-act-no-10361/


« Last Edit: February 04, 2013, 04:20:03 pm by csiako »

Purple_Power

  • Guest
Re: Kasambahay Bill
« Reply #316 on: February 04, 2013, 04:35:16 pm »
^Tama siya mag-asikaso ng SSS number niya.

tripletmomph

  • Guest
Re: Kasambahay Bill
« Reply #317 on: February 04, 2013, 06:16:53 pm »
^please educate me also. i want and i need to know. kahit saang angle tignan eh pro HH ito talaga, unfair talaga. pero since batas na to wala tayong magagawa. my new HH help is asking for her sss. how do i go about this? how much do i have to pay each month? sabi ko, sakanya, go get your sss number and i'll inquire how does it work. sabi niya, nawala daw niya ang number, well, its not my problem anymore, its her problem anymore. hahaha

You can also check out: http://housewife-on-a-mission.blogspot.com/2013/01/batas-kasambahay-ra10361.html which might be helpful.

It gives you a link to SSS.  Getting an SSS number is easy for your helper for as long as she has her birth certificate with her.  Just let her go to the nearest SSS Office. 

Well, your contribution as an employer will depend on how much you pay your helper.  If you give her a salary that is less than 5K you will have to shoulder both the employer's and employee's contribution.  If greater than 5K, there will be a table that will show you how much your contribution and how much you will need to deduct from her salary.


ceejhei

  • Guest
Re: Kasambahay Bill
« Reply #318 on: February 04, 2013, 07:55:19 pm »
^thanks everyone, may kilala daw si hubby sa sss and ipapakuha nalang ang number ni manang. at salamat din sa info about dun sa kelangan pa siya iparegister sa baranggay.

chicafabulosa

  • Guest
Re: Kasambahay Bill
« Reply #319 on: February 04, 2013, 08:03:16 pm »
Csiako ive been asking medical amd i pay for it before koihire ang maids ko. I think amos can do this medical thingy even without this law di ba?

The sec 17, paa o kung fake yung address even yung nbi? Ive worked with pre employment company before and may natetrace kame na fake anbis...

Sec 8. Even without this law pwede naman sabihin na bawal ang cellphone during work di ba? Need pa ba ng law for this?

Sec 10 - you cannot control kung ano ang ichichismis ng maid mompaglabas sa house mo lahat na pag naka day off? Ano you will sue your maid because sinabi yung confidential info mo? Again, why would you share confidential info naman sa maids di ba? I dont get it..

Termination of service - eh kahit naman wala tong law kung di na effective yung serbisyo ng maid di ba may right ka to terminate her na?

I respect you like this law. But most of the amos here sad to say dont agree with you. But thanks for educating us.. But my decision is still final, i will not get any maids na and driver na. I can just do it by myself naman eh..

 

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