http://www.congress.gov.ph/download/basic_15/HB01140.pdf
Kasambahay bill a gift to domestic workers in PHL, abroad — govt execs
Legislators exerted extra efforts in 2012 for the ratification of the
Household ‘Kasambahay’ Bill, especially after several cases of violence
have prevailed at home and abroad.
In July this year, Senate President Pro-Tempore Jinggoy Estrada wanted Congress to alter the provisions of the proposed ‘Kasambahay’ Act to make it congruent to the standards of the International Labor Organization Convention 189.
Estrada said the issue of domestic work was gaining ground in the ILO and long before the conference adopted Convention 189.
He thought it was necessary that Congress considered the standards set forth by the newly-ratified Convention.
Later on, a disturbing case of domestic helper, Bonita Baran, who almost completely lost her vision after her employer pressed a hot iron on her face, came about and prompted Estrada to make an appeal, saying cases of abuse and maltreatment of domestic workers “must be stopped and prevented”.
She was finally allowed to go home on May 22, when she had gone blind from her employer’s repeated punches to her eyes.
For three years she was allegedly abused by her employers before being sent home.
The ‘Kasambahay’ Bill, also already passed in the Senate two years ago in December 2010, is a landmark legislation which defines the labor rights, increases the minimum wages and provides regular employment benefits for the domestic household workforce.
Estrada also recently co-sponsored proposed Senate Resolution 816 concurring with the ratification of ILO Convention 189, which sets the minimum standards for decent work for domestic workers and provides them with the same protection accorded to other workers.
Last Sept. 5, the House of Representatives passed the third and final reading the landmark ‘Kasambahay’ Bill (House Bill 6081 or the Domestic Workers Act 2012) that seeks to uplift the plight of some 2.5 million domestic helpers in the country.
Its version has been passed by the Senate last December 2011.
The main proponent of the Bill in the Lower House, San Juan Rep. Joseph Victor Ejercito, earlier said “after 15 years in the making, Congress will finally enact a Bill that would protect household workers from physical and emotional abuse.”
Meanwhile, Sen. Loren Legarda last Nov. 18 also stressed the importance of the immediate passage of the ‘Kasambahay’ Bill in protecting Filipino domestic workers.
She added the measure will complement the International Labor Organization Convention 189, the Convention Concerning Decent Work for Domestic Workers.
Legarda, sponsor of ILO Convention 189, said the treaty will be more effective with the passage of the ‘Kasambahay’ Bill.
She added the proposed ‘Kasambahay’ Act, when approved, will guarantee the ‘kasambahays’ (domestic helpers) will gain more benefits and be better protected as all household working arrangements between employers and helpers shall be duly documented.
For Legarda, the ILO 189 and the proposed ‘Kasambahay’ Act are two important measures that will pave the way for treatment of ‘kasambahays’ as workers, not servants.
The Philippine ratification of the ILO Convention 189 was formally registered last September 5.
The Philippines is the second country to ratify the Convention, which is significant as the treaty will enter into force a year after it has been ratified by two countries.
This convention will benefit 3.4 million Filipino domestic workers in the Philippines and abroad by ensuring that, first and foremost, domestic workers, like other workers, enjoy the same basic rights, such as reasonable hours of work, weekly rest, clear information on terms and conditions of employment, and freedom of association.
The ‘Kasambahay’ Bill was already approved on third reading by both the Senate and the House of Representatives.
The two versions of the Bill shall be reconciled in a bicameral conference committee meeting.
It was ratified by the Senate last Nov. 27, which sets the monthly minimum wages of domestic workers at P2, 500 for those working in the National Capital Region.
Here, house helpers working in chartered cities and first-class municipalities will receive a minimum wage of P2, 000 and P1, 500.
Once signed into law, household workers can immediately sign up as members of the Home Development Mutual Fund (Pag-IBIG Fund) and avail themselves of multi-purpose, calamity and housing loans.
As of now, the ‘Kasambahay’ Bill awaits President Benigno Aquino III’s signature.
Labor Secretary Rosalinda Baldoz also expressed her desire to have the president sign the bill as a Christmas gift to all domestic helpers.
The ‘Kasambahay’ Bill is a step closer to becoming a law after the bicameral conference committee managed to reconcile conflicting provisions, particularly on wage rates.
Once enacted into law, the bill would provide all ‘kasambahays’ a comprehensive package of benefits that include better salaries, work conditions, and other benefits that will entitle them 13th month pay, 14-day paid vacation, and maternity or paternity leave among others.
In July this year, Senate President Pro-Tempore Jinggoy Estrada wanted Congress to alter the provisions of the proposed ‘Kasambahay’ Act to make it congruent to the standards of the International Labor Organization Convention 189.
Estrada said the issue of domestic work was gaining ground in the ILO and long before the conference adopted Convention 189.
He thought it was necessary that Congress considered the standards set forth by the newly-ratified Convention.
Later on, a disturbing case of domestic helper, Bonita Baran, who almost completely lost her vision after her employer pressed a hot iron on her face, came about and prompted Estrada to make an appeal, saying cases of abuse and maltreatment of domestic workers “must be stopped and prevented”.
She was finally allowed to go home on May 22, when she had gone blind from her employer’s repeated punches to her eyes.
For three years she was allegedly abused by her employers before being sent home.
The ‘Kasambahay’ Bill, also already passed in the Senate two years ago in December 2010, is a landmark legislation which defines the labor rights, increases the minimum wages and provides regular employment benefits for the domestic household workforce.
Estrada also recently co-sponsored proposed Senate Resolution 816 concurring with the ratification of ILO Convention 189, which sets the minimum standards for decent work for domestic workers and provides them with the same protection accorded to other workers.
Last Sept. 5, the House of Representatives passed the third and final reading the landmark ‘Kasambahay’ Bill (House Bill 6081 or the Domestic Workers Act 2012) that seeks to uplift the plight of some 2.5 million domestic helpers in the country.
Its version has been passed by the Senate last December 2011.
The main proponent of the Bill in the Lower House, San Juan Rep. Joseph Victor Ejercito, earlier said “after 15 years in the making, Congress will finally enact a Bill that would protect household workers from physical and emotional abuse.”
Meanwhile, Sen. Loren Legarda last Nov. 18 also stressed the importance of the immediate passage of the ‘Kasambahay’ Bill in protecting Filipino domestic workers.
She added the measure will complement the International Labor Organization Convention 189, the Convention Concerning Decent Work for Domestic Workers.
Legarda, sponsor of ILO Convention 189, said the treaty will be more effective with the passage of the ‘Kasambahay’ Bill.
She added the proposed ‘Kasambahay’ Act, when approved, will guarantee the ‘kasambahays’ (domestic helpers) will gain more benefits and be better protected as all household working arrangements between employers and helpers shall be duly documented.
For Legarda, the ILO 189 and the proposed ‘Kasambahay’ Act are two important measures that will pave the way for treatment of ‘kasambahays’ as workers, not servants.
The Philippine ratification of the ILO Convention 189 was formally registered last September 5.
The Philippines is the second country to ratify the Convention, which is significant as the treaty will enter into force a year after it has been ratified by two countries.
This convention will benefit 3.4 million Filipino domestic workers in the Philippines and abroad by ensuring that, first and foremost, domestic workers, like other workers, enjoy the same basic rights, such as reasonable hours of work, weekly rest, clear information on terms and conditions of employment, and freedom of association.
The ‘Kasambahay’ Bill was already approved on third reading by both the Senate and the House of Representatives.
The two versions of the Bill shall be reconciled in a bicameral conference committee meeting.
It was ratified by the Senate last Nov. 27, which sets the monthly minimum wages of domestic workers at P2, 500 for those working in the National Capital Region.
Here, house helpers working in chartered cities and first-class municipalities will receive a minimum wage of P2, 000 and P1, 500.
Once signed into law, household workers can immediately sign up as members of the Home Development Mutual Fund (Pag-IBIG Fund) and avail themselves of multi-purpose, calamity and housing loans.
As of now, the ‘Kasambahay’ Bill awaits President Benigno Aquino III’s signature.
Labor Secretary Rosalinda Baldoz also expressed her desire to have the president sign the bill as a Christmas gift to all domestic helpers.
The ‘Kasambahay’ Bill is a step closer to becoming a law after the bicameral conference committee managed to reconcile conflicting provisions, particularly on wage rates.
Once enacted into law, the bill would provide all ‘kasambahays’ a comprehensive package of benefits that include better salaries, work conditions, and other benefits that will entitle them 13th month pay, 14-day paid vacation, and maternity or paternity leave among others.
Kasambahay (Household Workers) Bill
National Situation
The Philippines is duty-bound to implement the provisions of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), specifically the UN CEDAW Committee's Concluding Comments, which among others, urges the government to "adopt effective measures in the formal labor market to eliminate occupational segregation, narrow and close the wage gap between women and men, and enhance the situation of women in the informal economy.".
Household work is a gendered occupation, such that a great majority of household workers are women and girls. The NCRFW advocates for a legislation that not only protects household workers as workers, but also as women (and girls), with the following essential features:
- The estimated number of household (or domestic) workers in the Philippines ranges from 600,000 to 2.5 million. (ILO 2004) Of the estimated 2.5 million household workers, Visayan Forum, an NGO concerned with the plight of household workers, estimates that 1 million are children.
- Women's performance in elections was as dismal in 2004 when the average proportion of women in key elected posts was no more than 17%. (COMELEC, 1995-2004).
- Majority of household workers are female, with figures ranging from a high of 92 % from the 2002 NSO Labor Force Survey to a low of 86 % from the 1995 survey.
- Household workers tend to be very young, usually aged 15-17 years old. Child household workers are perhaps the second largest group of working children, next to agriculture workers, with estimates ranging from 230,000 to 631,000to1 million.
- The abuses of household workers remain rampant and hidden today despite strong public outcry. These abuses happen because household work is a lowly regarded work. Despite their vital contribution to the economy and society, household workers are considered to be one of the most vulnerable sectors in society.
-
The most common types of abuses against household workers include:
-
Exposure to physical, psychological and sexual abuse Exposure to harmful and hazardous
working conditions Low, unpaid or delayed wages. - Vulnerability to trafficking and debt bondage
- Long working hours with no days off
- Performing multiple and all-around work
- Working in isolation and without support networks
- Lack of social security or health benefits
- Lack of opportunities for education and self-improvement
-
Exposure to physical, psychological and sexual abuse Exposure to harmful and hazardous
- In 1996, Senator Francisco Tatad filed a Senate Bill for household helpers during the 10`h Congress, as a response to the recommendations of the 1st National Consultation on Child Domestic Workers in the Philippines.
- In 1998, the global community noticed the plight of child household workers as the Philippines launched the Global March Against Child Labor, a worldwide movement instrumental in the approval of ILO Convention 182 on the Worst Forms of Child Labor.
- In 1999, Rep. Juan "Jack" Enrile filed during the 11`h Congress the most comprehensive version of the law, naming it "Batas Kasambahay." In support of this move, the Visayan Forum (VF) immediately launched comprehensive multi-sectoral consultations in Batangas, Davao, Bacolod, and Manila leading to a strong consensus on the need for a Magna Carta for Household Workers.
- By year 2000, the 11th Congress unanimously approved HB 5804 known as the "Magna Carta for Domestic Workers or Batas Kasambahay; " however, the Senate counterpart version reached only the 1s` reading.
- Again in 2001, during the 12`h Congress another Batas Kasambahay bill was filed and unanimously approved, but the presidential impeachment proceedings cut short lobbying at the Senate.
- In 2004, during the 13`h Congress, Rep. Enrile again introduced Batas Kasambahay as House Bill 1606; Rep. Carmen L. Cari also filed House Bills 3118 and 3119, to increase minimum wage and set mandatory PhilHealth coverage for all househelpers, respectively. At about the same time, the Senate Committee on Labor and Employment started hearings for SB 1772 filed by Sen. Jinggoy Estrada; SB Nos 202, 860, 1678 and 1692 were also filed by Senators Pimentel, L. Estrada, Santiago, Villarand Lapid.
- Since 2005, local government units started passing local ordinances to register and provide programs for household workers. These included Quezon City, Bacolod, and Makati. New drafts for approval have been prepared in the cities of Baguio , Batangas, Davao, Bulacan, Daet and lately Mandaluyong, Marikina and Taguig.
- Local and overseas household workers jointly called for the swift passage of Batas Kasambahay as the first priority Ten-PointAgenda during the first National Domestic Workers Summit held in 2005.
- Over one million signatures in favor of the swift passage of the Batas Kasambahay bill were gathered and presented to the Senate in 2005.
- According to a 2005 survey conducted by the Social Weather Stations, 87% of Filipinos strongly agree that there should be a law addressing the domestic work sector.
- On April 24, 2006, President Arroyo issued Presidential Proclamation 1051, which declared April 30th of every year as "a special day to honor and give recognition to the hidden, yet massive army of everyday workers, to generate greater awareness of the importance and contribution of domestic workers." A few days later on April 30, 2006, the nation celebrated its first official National Domestic Workers' Day or Pambansang Araw ng Kasambahay.
- On November 14, 2006, Senator Jinggoy Estrada delivered a privilege speech in support of the bill. The bill was approved by the Senate before the close of the 13th Congress.
- As of this writing, three Kasambahay bills have been filed in the Senate for the 14th Congress, namely SB 201 authored by Sen. Lito Lapid, SB 157 authored by Sen. Jinggoy Estrada, and SB 77 authored by Sen. Loren Legarda.
The Philippines is duty-bound to implement the provisions of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), specifically the UN CEDAW Committee's Concluding Comments, which among others, urges the government to "adopt effective measures in the formal labor market to eliminate occupational segregation, narrow and close the wage gap between women and men, and enhance the situation of women in the informal economy.".
Household work is a gendered occupation, such that a great majority of household workers are women and girls. The NCRFW advocates for a legislation that not only protects household workers as workers, but also as women (and girls), with the following essential features:
- By year 2000, the 11th Congress unanimously approved HB 5804 known as the "Magna Carta for Domestic Workers or Batas Kasambahay;" however, the Senate counterpart version reached only the 1s` reading.
- Upholds the rights and dignity of household workers;
- Recognizes the special vulnerability of household workers to various kinds of abuse, as their workplaces are the private homes of their employers, and their work are hidden from public view, thus the need for special protection beyond those accorded to workers in other sectors;
- Revises the Labor Code's definition of household service from "services in the employer's home which are ... desirable for the maintenance and enjoyment thereof and includes ministering to the personal comfort and convenience of the members of the employer's household." to "tasks ascribed as normal household chores within a specific household";
- Provides for the use of a formal contract to govern employer-employee relationship that clearly identifies the scope of work to be rendered.
- Provides for a realistic minimum wage that is regularly adjusted in accordance with rising cost of living;
- Provides for other benefits such as SSS, Philhealth;
- Prevents bonded labor;
- The Philippines ratified ILO Convention 29 on Forced Labor Convention.
- Prevents physical, sexual, mental, and economic abuse of workers;
- Mandates registration of household workers; and.
- Mandates the roles of government agencies in providing gender- responsive and/or child-friendly services to the Household workers, settling disputes, and scheduling of penalties against violators.
The following article depicts a story of one of the many "kasambahay" who will benefit and be protected by the Kasambahay Bill.
Maltreated maid claims being locked up for 3 years
By Jeannette I. AndradePhilippine Daily Inquirer
MANILA, Philippines—The maid who has accused her employers of maltreating her until she went blind said the couple she served conspired to lock her up in their home for close to three years.
During her Monday testimony in the court of branch 77 Judge Germano Francisco Legaspi, which was hearing the petition of the accused couple for bail, Bonita Baran said that when Ana Liza Marzan locked her up inside the house at Las Villas del Cielo, Visayas Avenue, her husband, Reynold, consented to it.
When defense counsel Joel Ferrer raised more clarificatory questions, Baran told the court in Filipino, “Ana Liza locked me up. Reynold consented to it. He knew.”
She further maintained that whenever the couple left, they locked her up inside the house.
The Marzans have been accused of conspiring to unlawfully detain Baran inside their home from June 2009 to May 2012.
When the defense counsel asked Baran if she was ever able to leave the house during her employment, she said that she was able to before the maltreatment by the Marzans started. But in those instances, she said, she was in the company of Ana Liza or the entire Marzan family.
Asked to describe the locks installed at the only door of the Marzan house, Baran said that the main door had four locks, inside and out. One inside the door was a double lock, which required a key to open.
“You might be able to turn and unlock the door knob from inside and twist a lock open under it but there is a double lock on top. You would need a key to open it,” Baran explained.
When Ferrer emphasized that he had been asking about being inside the door going out, a seemingly exasperated Baran said, “You twist the door knob from inside, it is unlocked but it still will not open because there are still other locks. There is a lock you twist at the bottom, it gets unlocked but there is still the double lock on the upper part (of the door). You cannot get out without a key. You need a key. It will not open without the key. It is like that.”
Both the defense and the prosecution asked that the continuation of the cross-examination be deferred until Wednesday afternoon after Baran displayed signs of nausea right after she recounted the mechanism of the door locks.
Legaspi set the continuation on Wednesday and said that the petition for bail would be resolved by November 20.
Meanwhile, Judge Legaspi denied a request of Ana Liza Marzan to seek medical treatment outside of the Quezon City Jail Female Dormitory. He also turned down a motion filed by the defendant’s lawyer to allow them to inspect the house where the maid said she was locked up and subjected to abuse by the suspect and her husband.
In both resolutions dated October 12, Legaspi cited the lack of testimonial or documentary proof presented to support couple Ana Liza and Reynold Marzan’s requests.
In denying the defense motion for ocular inspection of the house at 75 Las Villas del Cielo along Visayas Avenue, Quezon City, the judge said that the request was premature since the prosecution had not ended its presentation of evidence in the hearings for the bail petition.
“If the defense wants to use the physical appearance and location of the rooms inside the house as their evidence in contradicting the testimony of the complainant (Bonita Baran), the proper time to ask for an ocular inspection would be during the presentation of its evidence,” the judge said.
He said that during the defense presentation of evidence, they could have a witness testify on the condition of the house and its rooms during Baran’s alleged detention.
Legaspi pointed out that neither an assurance by the Marzan couple’s lawyers that nothing was altered inside the house nor an ocular inspection without a witness testimony would suffice.
Judge Legaspi turned down Ana Liza Marzan’s request for medical treatment outside the Quezon City Jail after she failed to cite a compelling reason for it.
Legaspi said that while Marzan was able to present the results of a laboratory examination and a doctor’s certification of her kidney ailment, the doctor did not recommend medical examination or treatment.
“No explanation was made in the motion as to the nature of accused’s disease and its effect on her physical condition. Accused did not even correlate the results of her laboratory examination to her disease,” the judge said.
He further explained, “Accused failed to give the reason why the medical examination and attention she seeks should be done in a hospital of her own choice. She did not identify in her motion the medical procedure and facilities which she needs and which the Quezon City Jail lacks or cannot extend to her.”
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INSIGHT:
As President Noynoy Aquino signed into law the Kasambahay Bill last January 18, 2013, the "kasambahays" will be given more benefits and will receive a higher amount of monthly wage. This is indeed good news to all of them, not to mention the increase protection given by this law.
Who can forget the heartbreaking story of Bonita Baran, as well as the thousands of stories of those who have been abused by their boss, or their so called "sir" and "madam"?. They can now be uplifted personally and will have an increase self respect and dignity as a person and as an employee.
