Professional Documents
Culture Documents
ISBN:
Published 2006.
This ILO publications can be obtained direct from the ILO SRO Manila or
through major booksellers or ILO local offices.
April 2006
_____________ Message ______________
The Philippines is uniquely situated as
having engaged a number of protective interventions
for its domestic worker population within and outside
the country. The collaboration between and among
the tripartite social partners-the government, the
workers and the employers-including that with the
NGO’s, civil society and other groups-is observed as
the most encouraging relationship that would lead to
the advancement of the initiatives already undertaken.
Linda Wirth
Director
i
Table of Contents______________
__________T
Message i
Introduction 1
ii
Checklist of Requirements for the Registration of 35
Domestic Workers
iii
_ I ntroduction
________________________________________________
1
Who is the domestic worker?
_______________ And what is household
work?
The domestic worker is the person, commonly under a live-
in employment arrangement with his/her employer, providing
household services. He/she is traditionally referred to in many ways
such as “katulong,” “chimay or chimoy,” “boy,” “tsuper,” “yaya,”
“maid,” “DH”, “domestic or household helper,” or “servant,” among
others. The more humane reference to the domestic worker is
“kasambahay” which literally means house companion and such
other references like “kuya,” “manang,” or “inday”.
2
The 10-Point Decent Work Agenda
for Domestic
Workers___________________________
On 21-23 September 2005, the Philippines held the
first ever National Domestic Workers Summit at the
Riverbend Hotel in Marikina City. The affair was convened
by the Visayan Forum (VF) Foundation, Inc., under the
support of the International Labour Organization. One of
the strategic outcomes of the Summit was the laying down
of a decent work framework for domestic workers
following the National Plan of Action for Decent Work.
The Ten (10) Point Agenda for Decent Work of
Domestic Workers calls for action as follows:
1. Immediate passage of the Batas Kasambahay with the aim of uplifting and giving
decency to the standards that will protect domestic workers’ labor rights.
2. Strengthen and clarify the Appropriate Mechanisms to monitor the condition of domestic
workers inside the private households of their employers.
3. Safe Migration - seriously and comprehensively do continuous orientation on migration
realities for those planning to work as domestic worker.
3
The Social Compact of the
____________ First National Domestic Workers
Summit
The Social Compact was signed in September 23, 2005 at
the end of the First National Domestic Workers Summit. The
Social Compact cements the multi-sectoral commitment in
making domestic work decent work. It is remarkable that the
social compact was signed by a large constituency of domestic
workers themselves, with important authorities and champion
institutions from international organizations, government,
NGO’s, civil society, private sector, faith-based groups and trade
unions. As true partners of the compact, they declared to do their
share in making decent work possible. The domestic workers
committed to “further strengthen their ranks in order to become
effective advocates for the welfare of the kasambahay”.
4
ang mga kasambahay sa loob at labas ng bansa, ay nakararanas ng mga
paglalabag ng kanilang mga karapatan, naaabuso ng pisikal, sekswal at
emosyonal, at dumadami ang mga batang kasambahay na nagiging biktima ng
trafficking, sapilitang pagpapagawa, at pagkakatali sa utang;
Kasama ng iba pang mga social partners, bubuo ng mga polisiya, batas, at mga
regulasyon na halaw sa mga resulta ng National Domestic Workers Summit na
siyang magiging gabay para sa mga gawain upang mapangalagaan at maitaas ang
antas ng trabaho at kabuhayan ng sector;
5
Sa mga Trade Unions at Samahan ng mga kasambahay
Pag-iibayuhin ang pag-oorganisa at pagbibigay ng tinig sa sektor upang ang mga ito
ay maging instrumento sa pakikipag-negosasyon para sa patas at makatao na
pasahod at benepisyo para sa mga kasambahay;
6
Sa mga Anak at Ka-pamilya ng Kasambahay
Magiging isang tulay upang lalong mapatibay ang mga pamilya ng mga
Kasambahay.
Sa mga Kasambahay
7
What does the Labor Code provide for the
protection of domestic workers? _______________
Fair and Humane Treatment. The Labor Code has one
chapter devoted to “Employment of Househelpers” that describes who the
househelpers are, how they should be paid and treated during and even
after their services are no longer needed. The chapter is made up of twelve
articles or parts (from Article 141 to 152).
8
Why is there an outcry for an omnibus law for
_________________________________ domestic workers?
Concerned groups believe that the present law is
incomplete, does not give enough protection to the domestic
workers and the provisions for wages are out of date.
9
The Draft Kasambahay Bill ____________________
For the past ten years, there were several attempts
to conclude an omnibus law for domestic workers. There
were a number of versions of the Kasambahay Bill which
had been sponsored by legislators, both from the Lower
House and the Senate.
PROPOSED BILL
Section 1. Short Title. — This Act shall be known as the “Magna Carta for
the Kasambahay 2005”.
10
The State has adopted the Decent Work Framework outlining good
conditions of work for Filipino workers, which includes establishing labor
standards, decent employment and income, enhanced coverage of social
protection and strengthened social dialogue, including kasambahays.
Section 3. Definition of Terms. – For purposes of this Act, the following terms
shall mean:
c.) “Employer” – shall refer to any person who engages the services of
the kasambahay for household work and/or is party to the
employment contract.
11
e.) “Household work” – refers to tasks performed by the kasambahay
as specified in the employment contract.
h.) “Board and lodging” – shall refer to food and shelter which shall be
afforded to the kasambahay free of charge and nondeductible to his
or her wage.
12
without deducting the same from the monthly compensation of the
kasambahay. The kasambahay shall also pay for the employee’s share of
the SSS contributions.
Section 8. Right to privacy. The kasambahay shall have the right to privacy
during his/her rest periods. The kasambahay's right to privacy shall extend to
any and all forms of personal communications.
Within one (1) year after the passage of this law, the Regional
Tripartite Wages and Productivity Boards (RTWPBs) shall determine and
adjust, from time to time, the appropriate minimum wage rates of
kasambahays in accordance with the special wage fixing mechanism.
Section 10. Right to free board, lodging and medical attendance. The
kasambahay has the right to suitable and sanitary living quarters as well as
adequate food and medical attendance free of charge.
Section 12. Right to self-organization. The kasambahay shall have the right
to form or join association or societies for purposes not contrary to law.
Section 13. Right to redress grievance. The kasambahay shall have the right
to redress grievance and to the expeditious settlement of disputes.
13
All other rights not specified herein but guaranteed by the
Constitution are affirmed and shall be equally afforded to the kasambahay.
14(f) Rest periods and day-off. The employer shall provide the
kasambahay a daily rest period of at least 8 hours and a weekly rest
period of at least (24) consecutive hours after six (6) consecutive normal
work days.
th
Section 16. 13 Month pay. The kasambahay shall be entitled to a thirteenth
th
(13 ) month pay equivalent to the existing minimum wage.
Section 22. Salary increase and/ or other benefits. Salary increase and/or
other benefits may be granted by the employer based upon internal and
mutual agreement by both parties pursuant to existing laws, rules and
regulations.
(a) The employer may disregard the five (5) day notice and
immediately cause the termination of the service of the
kasambahay; provided that the employer pays the salary due him
or her;
(b) The kasambahay may, prior to the expiration of contract, put an end
to the employer-kasambahay relationship, by putting the employer
on notice at least five (5) days in advance.
Pursuant to this policy, the LGU in cooperation with the DOLE, DSWD,
DepEd, DILG, other concerned government agencies, and all other
stakeholders, shall endeavor to implement appropriate measures for the
eradication of child domestic work. Such measures shall include but not
limited to access to appropriate education and training, alternative livelihood
and employment for their families, rescue, healing and reintegration
services.
Section 28. Role of LGUs. Local Government Units (LGUs) shall facilitate
access of kasambahays to all existing programs and services. The LGUs,
through their local development plans, shall prioritize concerns regarding
kasambahays and develop and implement plans and programs in support of
this law.
(b) Role of the Department of Labor and Employment. The DOLE shall
be responsible for the continuous enhancement of standards for the
employment and welfare of kasambahays. Towards this end, the DOLE shall
also provide a venue for the continuous of dialogue between and among
stakeholders and domestic workers.
(f) Role of Philippine National Police. The PNP shall coordinate with
LGUs, DSWD and other relevant agencies in conducting rescue operations
for abused kasambahays.
Section 31. Role of the Department of Labor and Employment. The DOLE
shall take cognizance of disputes arising from the employment of
kasambahays for any violation of the labor standards provisions hereof, only
upon the exhaustion of conciliation and mediation at the level of the
barangay.
Section 32. Role of the National Labor Relations Commission. The NLRC
shall assume jurisdiction on disputes arising from employment of
kasambahays over cases which it has original and exclusive jurisdiction,
only upon the exhaustion of conciliation and mediation at the level of the
barangay.
Section 33. Role of the Courts. Regular courts which have exclusive and
original jurisdiction of cases other than disputes arising from the employment
of kasambahays shall take cognizance only after prior recourse in the
barangay level has been exhausted.
Punitive acts and recourse [Acts and the role of PNP within the proposed
law to be defined]
Section. 35. Araw ng mga Kasambahay. - The date upon which the
19
President shall approve this Batas Kasambahay will be designated as the"
Araw ng mga Kasambahay".
Section. 36. Non-diminution clause. - Nothing in this Act shall be construed
to cause the diminution or substitution of any benefits and privileges
currently enjoyed by the kasambahay. All existing arrangements between
employer and kasambahay shall conform to the minimum standards set by
this Batas Kasambahay within a period of sixty (60) days upon effectivity of
this Act.
Section. 38. Repealing Clause. – Article 143 paragraph (c) and (d) of PD
442 as amended is hereby expressly repealed. All laws, decrees,
presidential issuances, executive orders, rules and regulations or parts
thereof not consistent with the provisions of this Act are hereby amended,
repealed or modified accordingly.
Section. 39. Separability Clause. - If any provision or part of this Act, or the
application thereof to any person or circumstance be held unconstitutional or
be declared invalid, the remainder of this Act shall not be affected thereby.
Section. 40. Effectivity Clause. - This Batas Kasambahay shall take effect
fifteen (15) days following the completion of its publication in the Official
Gazette or in two (2) newspapers of general circulation.
20
What is a Local Ordinance?
________________ Why is it needed by the
Kasambahay?
A local ordinance is a piece of legislation concerning a
specific area or subject of regulation, passed by the Sangguniang
Bayan (Municipal Council) or the Sangguniang Panlungsod (City
Council). A local ordinance has the same powers of law, but whose
power of enforcement is limited only to the community or political unit
falling under the jurisdiction of the local law-making body which
promulgates it.
21
The Local Ordinances of
Quezon City and Makati ______________________
More communities are becoming aware that a part of their
constituents that need be served are working as household workers.
To date, there are two local ordinances passed specifically for the
domestic workers in cities within Metro Manila. One comes from
Quezon City while the other is passed in Makati City.
22
___________________________ Model Local Ordinance
Below is the complete text of the model local
ordinance developed by the Institute for Labor Studies-
DOLE. Aside from portions encouraging registration, this
version contains many provisions or parts that ensure the
protection of both the domestic worker and the employer.
Depending on the need of the community, all or parts of
this model may be copied or changed by the city or
municipal council that passes it into a local law.
__________
Republic of the Philippines
City/Municipal Council
(Municipality/City)
1. Establish/strengthen quick-response
mechanisms at the community level to facilitate the
clarification of employment issues arising between
the domestic worker and his/her household
employer.
APPROVED: ATTESTED:
31
38
Why is an Employment Contract Needed?
__________
The model Kasambahay Local Ordinance and the draft
Kasambahay Bill both call for the signing of an employment contract
between the kasambahay and the employer. This need arises
because of the following reasons:
32
__________________________ _ Model Employment
Contract
If the Kasambahay Bill or an Ordinance in the
community is passed, it is ideal that a contract is signed
between the domestic worker and the employer. Below is
the text of the Model Employment Contract, or Employment
Agreement, that contains all the duties, responsibilities and
working conditions that the signing parties should follow.
__________________________________
Employment Agreement
[IN A LANGUAGE THAT THE DOMESTIC WORKER
UNDERSTANDS]
This employment contract is executed and entered into by and
between:
A. Employer:
Address and telephone:
B. Represented by:
Name of agent/company:
C. Domestic Worker:
Civil Status:
Age:
Address:
Permanent/Province:
Present:
3. Nature of Work:
4. Responsibilities: _____________________________
a)
b)
c)
5. Basic monthly salary: _____________________________
33
6. Free board and lodging shall be provided to the domestic
worker if s/he is in a live-in arrangement with the household to which
s/he works for.
34
Checklist of Requirements for the
Registration of Domestic Workers
____________________________
1. personal information
2. educational background
3. information on previous employment
4. birth certificate
5. baptismal certificate
6. marriage certificate (if married)
7. Barangay clearance
8. police clearance
9. NBI clearance
10. employment contract or agreement with current
employer (if employed)
35
Checklist of Requirements for the SSS
Coverage
_____________________________of Domestic Workers
The present Labor Code requires social security coverage
of domestic workers earning at least one thousdand pesos
(P1,000). If the draft Kasambahay Bill becomes a law, it will
require all domestic workers to be enrolled in the Social Security
System (SSS) where the worker and employer regularly pay their
respective share of the premium.
1. marriage contract
2. driver’s license
3. school records
4. voter’s ID
5. joint affidavit of two disinterested parties (or
persons with no relations to the registering
worker) attesting to the correct name and/or fact
of birth of the person registering.
36
An Introduction to the TESDA Training
Regulations for Domestic Workers
_________________
The Technical Education and Skills Development Authority
(TESDA), with the assistance of the International Labour
Organization, developed the Training Regulations for Household
Services which sets the qualifications for those who wish to work as
domestic workers either locally or abroad.
37
An Introduction to the DOLE Regulations
on the Operations of Private Recruitment and
Placement _______________________ Agencies for
Local Employment
38
An Introduction to the BWYW Domestic
Worker Orientation Program
___________________________
Module 2 will make you review your value system or think about
what you can do, what you want to do and what are the things that are
important to you.
Module 3 will show you the important things that you have to do if
you are working as domestic worker. It provides some insights where one
could seek help if you want to become a better domestic worker.
Module 5 will make you aware of your rights, how you should be
treated and what laws protect you as a domestic worker.
Module 7 should be able to tell you if domestic work is for you and
make you proud of the job that you are about to assume.
39
An Introduction to the POEA Pre-employment
__________ Orientation Program for Domestic
Workers
The Philippine Overseas Employment Administration or
POEA provides a pre-employment orientation program (PEOP) to
the public to orient them on the risks and rewards of working abroad,
the preparations that are necessary and measures to prevent being
illegally recruited, trafficked or abused. This pre-employment
orientation program is useful even before any person would attempt
to apply for overseas job. It is a helpful public information strategy
which seeks to empower the workers in making well-informed
decision, one that they will not regret and be able to take
responsibility for.
40
An Introduction to the Training Tool for
Foreign Service Personnel on Handling
Trafficking and Forced Labour Cases of
Domestic Workers ___________
41
Checklist of Must-do’s in Applying for
Overseas Job __________________________________ as
Domestic Worker
42
Background on the Domestic Worker
Organization: SUMAPI
______________________________________
SUMAPI stands for Samahan at Ugnayan ng mga
Manggagawang Pantahanan sa Pilipinas, meaning Association and
Linkages of Domestic Workers in the Philippines is a non-profit, non-
stock and a SEC registered organization. It is a nationwide
organization that serves as the primary protective network for fellow
domestic workers. It facilitates the delivery of services to members
and serves as the channel in advocating for the rights and welfare of
domestic workers.
43
SUMAPI holds first-level training on leadership and
advocacy for its officers and members. In partnership with Visayan
Forum and other stakeholders from government and the private
sector, SUMAPI also trains leaders and advocates for more
advanced skills such as organizational and project management.
44
List of Multi-sector Partners
and Government Agencies
_____________________
Following is a network of persons and
institutions who may be of assistance to domestic
workers.
_________________________________________
Comment:
REVIEW THE
Local Government Units LAST SATUR
1. FRANCISCO A CALALAY Tel.. No. 925-6045 loc. 296; loc. 295 PRIORITIZE
Chairman, Committee on Women and SUMAPI, VIS
Family, Sangguniang Panglunsod – Quezon 8. CLEOFE P. ESTEBAN LISTING. TH
City, Ground Floor, Legislative Wing Sangguniang Panglunsod – Quezon City, GOVERNME
Quezon City Hall Compound Ground Floor, Legislative Wing GOVERNME
Elliptical Road, Barangay Central Quezon City Hall Compound, Diliman, QC EMPLOYER
Diliman, Quezon City Tel.. No. 294-3598 PLEASE REM
Tel. No. 294-3598 IN ONE INST
9. JOHN S. SAMANTE ONE FOCAL
2. CONSTANCIA LICHAUCO Barangay Sta. Lucia, Pasig City INSTITUTIO
Barangay Bel-Air Community Center Tel. No. 655-0461
40 Solar Street, Bel-Air III Village, Makati City Fax No. 640-9776/641-0435
Tel No. 895-4011 / 895-4408
10. JIMMY BACAMANTE
3. IGNACIO S. DIAZ, JR. PESO Manager
Industrial Relations Officer New Makati City Hall Building
IRO Office, 7th Floor, Main Building J.P. Rizal St., Makati City
Quezon City Hall Compound Tel. No. 899-8994; 899-8903
Tel. No. 921-2223 Fax No. 899-8933
47
Bibliography of Project Outputs
DOMWORK Philippines
__________________________
CD on the ILO Project on Mobilizing Action for the
Protection of Domestic Workers from Trafficking and
Forced Labour
48
departure requirement for FSP’s as soon as pilot-runs and consequent adjustments
are successfully undertaken.
49
• Event publication on: National Domestic Workers
Summit
This document constitutes the high level agenda arrived at during the First
National Domestic Worker Summit which involved the participation of some
300 delegates from all sectors, dominated by representatives of domestic workers
from all the regions in the country. The Summit’s theme “Domestic Work is Decent
Work” is a major call in this agenda.
53